I 


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THE 

MILITARY  LAWS 

OF  THE 

UNITED  STATES 

1915 


SUPPLEMENT 

CONTAINING  THE  LAWS  OF  THE  64th  CONGRESS  AND  THE 
1st  session  of  THE  65th  CONGRESS,  FROM  DECEM- 
BER. 1915.  TO  OCTOBER  6.  1917 

(This  Supplement  supersedes  the  Supplement  in  the  Militaxy  Laws  of  1915 
which  includes  laws  to  March  5,  1917) 


FIFTH  EDITION 


WASHINGTON 

GOVERNMENT  PRINTING  OFRCE 

1918 


oo 


if' 


V 


TABLE  OF  CONTENTS. 


SUPPLEMENT. 

Pago, 

Chapter   I.  The  President 5 

II.  Executive  departments  in  general 7 

III.  The  Department  of  War 39 

IV.  Provisions  applicable  to  several  classes  of  officers 43 

V.  The  Treasury  Department — The  accounting  officers 45 

VI.  Postal  laws 57 

VII.  The    Department    of    Justice — ^Habeas    corpus — The    Court    of 

Claims,  etc 61 

VIII.  The  Department  of  the  Navy— The  Marine  Corps 63 

X.  The  Military  Establishment — General  provisions  of  organization..  65 

XI.  General  officers  and  aids 79 

XII.  Rank  and  command — Tactical  and  territorial  organizations 81 

XIII.  The  General  Staff  Corps 87 

XIV.  The  staff  departments — General  provisions — ^Disbursing  officers...  93 
XV.  The  Adjutant  General's  Department 95 

XVI.  The  Inspector  General's  Department. 97 

XVII.  The  Judge  Advocate  General's  Department — ^Military  prisons 99 

XVIII.  The  Quartermaster  Corps 107 

XIX.  The  Medical  Department 141 

XX.  The  Corps  of  Engineers .' 157 

XXI.  The    Ordnance    Department — ^Armories   and   arsenals — Board   of 

Ordnance  and  Fortification 163 

XXII.  The  Signal  Corps 169 

XXIII.  Chaplains 191 

XXIV.  Commissioned  officers 193 

XXV.  Brevets — ^Uniform    and    title    of    ex-officei-s — ^Medals   of   honor — 

Certificates  of  merit — Foreign  decorations 213 

XXVI.  Enlisted  men 221 

XXVII.  The  troops  of  the  line — Troops,  batteries,  companies 233 

XXVIII.  The  United  States  Military  Academy— The  Army  War  College— 

The  service  schools 243 

XXIX.  Contracts  and  purchases 251 

XXX.  Public  property 255 

XXXI.  The  Militia  (National  Guard) 281 

XXXII.  Volunteers 341 

XXXIII.  Indians — Indian  agents — Indian  country 343 

XXXIV.  The  employment  of  military  force 345 

XXXV.  Pension  laws 399 

XXXVI.  The  Soldiers'  Home 423 

XXXVII.  Care  of  the  insane 425 

XXXVIII.  Flag  and  seal  of  the  United  States 427 

382218 


4  CO'ls^TENTS. 

Page. 

Chr.pter  XL.  Reserve  Corps 431 

XLI.  Plants   for   manufacture   of  arms,  ammunition,  and  supplies — 

Boards  and  Council  of  National  Defense,  etc 459 

XLII.  Selective  Service  Act 471 

XLIII.  Foreign  relations 480 

XLIV.  Conservation  of  supply  and  control  of  distribution  of  food  and 

fuel 493 

Table  of  Statutes  at  Large  and  Revised  Statutes 515 

Table  of  Related  Statutes 539 

Index 617 


CHAPTER  I. 


THE  PRESIDENT. 


Tar. 


Par. 


Detail  of  clerks  to  the  Execu- 
tive  Office 


12a 


Threats  against  the  President, 
punishment    for la 

la.  Threats  against  the  President^  punishment  for. — Any  person 
who  knowingly  and  willfully  deposits  or  Ctauses  to  be  deposited  for 
conveyance  in  the  mail  or  for  delivery  from  any  post  office  or  by  any 
letter  carrier  any  letter,  paper,  writing,  print,  missive,  or  document 
containing  any  threat  to  take  the  life  of  or  to  inflict  bodily  harm  upon 
the  President  of  the  United  States,  or  who  knowingly  and  willfully 
otherwise  makes  any  such  threat  against  the  President,  shall  upon 
conviction  be  fined  not  exceeding  one  thousand  dollars  or  imprisoned 
not  exceeding  five  years,  or  both.     Act  of  Feb.  H,  1917  {39  Stat,  919) . 

12a.  Details  of  clerks  to  the  Executive  Office. — Employees  of  the 
executive  departments  and  other  establishments  of  the  executive 
branch  of  the  Government  may  be  detailed  from  time  to  time  to  the 
office  of  the  President  of  the  United  States  for  such  temporary  assist- 
ance as  may  be  necessary.    Act  of^May  10^  1916  {39  Stat,  76) . 

5 


CHAPTER   II. 


EXECUTIVE  DEPARTMENTS  IN  GENEEAL. 


Par. 

Temporary  employees,  War  De- 
partment        28a 

Same — Reix>rt  to  Congress  as  to 
number,  compensation,  etc 28b 

Limit    as    to    number    receiving 

maximum  compensation 28c 

Details  for  service  outside  of 
District  restricted 30a 

Lump-sum  appropriations,  pay- 
ment of  additional  salaries 
from,  forbidden 35a 

Transfer  of  clerks,  etc,,  of  ex- 
ecutive departments  to  inde- 
pendent establishments,  etc 36a 

Employment  of  civil  employees 
of  executive  departments,  etc., 
in  other  executive  depart- 
ments, etc.,  at  increased  rate 
of  compensation  prohibited 36b 

Increase  of  compensation  of  civil 
employees  of  executive  depart- 
ments, etc.,  employed  in  other 
departments,  etc.,  within  on^e 
year  from  such  employment 
prohibited 36c 

United  States  Shipping  Board 
Emergency  Fleet  Corporation 
deemed  a  Government  estab- 
lishment       36d 

Ol/icers  and  employees  of  execu- 
tive departments,  etc.,  estab- 
lished and  to  continue  from 
year  to  year 40a 

Section  5,  Act  of  June  22,  1906, 
not  repealed 36e 

Bureau  of  Efficiency 40b-40j 

Created    as    independent   estab- 

li  sh  ment 40b 


Par. 

Duties  relating  to  efficiency  rat- 
ings transferred  to 40c 

Same — Establish  and  maintain 
system  of  efficiency  ratings,  in- 
vestigate duplication  of  work, 
etc 4oa 

Same — Investigate  methods  of 
auditing  accounts  of  disburs- 
ing officers,  etc 40e 

Same — Investigate  and  report 
upon  methods  of  transacting 
business  in  Civil  Sen'ice  Com- 
mission  . 40f 

Same — Ascertain  rates  of  pay 
of  State  and  municipal  em- 
ployees         40g 

Same — Executive  department  to 
furnish  information,  access  to 
records,  etc 40h 

Same — Investigate  classification, 
salary,  and  efficiency  of  em- 
ployees of  executive  depart- 
ments, etc 40i 

Same — Investigate  and  report 
upon  duplication  of  service  in 
executive  departments,   etc__       40 j 

Increased  compensation  at  rate 
of  10  and  5  per  cent  to  em- 
ployees of  certain  grades 44a 

Same — Application  of;  detailed 
reports  to  Congress 44b 

Same — Increase*  only  applies  to 
employees  of  Military  Estab- 
lishment on  rolls  at  close  of 
preceding  year 44c 

Temporary  employment  of  addi- 
tional force;  report  to  Con- 
gress as  to  nirmber,  designa- 
tion, and  compensation 44d 

7 


8 


MILITARY   LAWS   OF   THE   UNITED   STATES^  1015. 


Par, 

Appropriations  available  during 

fiscal  years  1917  and  1918 44e 

Appropriations  available  for 
paying  obligations  incurred 
prior  to  passage  of  act 44f 

Annual  report  to  Congress  of  ex- 
penditures under  act 44g 

Rules  for  division  of  time  and 
computing  pay  of  Government 
employees 44h 

Increased  compensation  to  piece- 
work and  per  diem  employees, 
computation  of 44i 

Compensation  for  injuries  to 
Federal  employees 66a-66Ill 

No    compensation    for    injuries 

from  certain  causes 66a 

No    compensation    during    first 

three  days  of  disability 66b 

Compensation  for  total  dis- 
ability        66c 

Compensation  for  partial  dis- 
ability        66d 

Same — Compensation  ceases  on 
refusal  to  perform  suitable 
work 66e 

Maximum  and  minimum  com- 
pensation for  total  disability, 
and  maximum  compensation 
for  partial  disability 66f 

During  receipt  of  compensation 
to  receive  no  other  salary  or 
pay  from  United  States,  ex- 
cept for  services  rendered  or 
as  Army  or  Navy  pension 66g 

Compensation  may  begin  four 
days  after  expiration  of  an- 
nual or  sick  leave 66h 

Injured  employees  entitled  to 
reasonable  medical,  surgical, 
and  hospital  services  and  sup- 
plies        66i 

Death  resulting  from  injury 
within  six  years,  rates  of  pay_       66j 

Same — To  widow,  if  there  is  no 
child 66k 

Same — To  the  widower,  if  there 

is  no  child 661 

Same — To  the  widow  or  wid- 
ower, if  there  is  a  child,  and 
to  minor  child 66m 

Same — To  children  in  absence  of 
widow  or  widower -_— —      66n 


Par. 

Same — To  dependent  parents  in 
absence  of  widow,  widower,  or 
child 66o 

Same — To  dependent  parents 
where  there  is  widow,  wid- 
ower, or  child 66p 

Same — To  dependent  brothers, 
sisters,  grandparents,  and 
grandchildren  in  absence  of 
widow,  widower,  child,  or  de- 
pendent parent 66q 

Same— To    dependent    brothers, 
i       sisters,      grandparents,      and 
grandchildren  where  there  is 
widow,  widower,  child,  or  de- 
pendent parent 66r 

Same — Duration  of  compensa- 
tion under  clauses  E  and  F 66s 

Same — Definition  of  terms  child, 
brother,  sister,  parent,  widow, 
widower,  etc 66t 

Compensation  of  remaining  per- 
sons where  compensation  of 
one  person  ceases 66u 

Connuission  may  modify  appor- 
tionment to  avoid  injustice 
when  made  to  two  or  more 
classes 66v 

Same — Total  monthly  compensa- 
'  tion  not  to  exceed  monthly  pay 
at  a  maximum  of  $100  and  a 
minimum  of  $50 66w 

Same — Penalty  for  accepting 
compensation  after  right  to, 
ceases 66x 

Burial  expenses  of  employees  dy- 
ing from  injuries,  and  trans- 
portation of  their  remains 66y 

Practice  of  particular  branch  of 
service  to  be  followed  in  com- 
puting monthly  pay ;  overtime 
pay  not  to  be  counted 66z 

Partial  disability,  method  of  de- 
termining employees's  wage- 
earning  capacity 66aa 

Lump-sum  payment  in  certain 
cases  in  lieu  of  monthly  com- 
pensation, method  of  deter- 
mining amount  of 66bb 

Written  notice  of  injury  to  em- 
ployee, time  limit  for  giving 66cc 

Same — Information  which  no- 
tice shall  contain 66dd 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 


rar. 

Same — Failure  to  give  notice 
within  time  limit  may  be 
waived  for  cause 66ee 

Claim  for  compensation,  time 
limit  for,  and  method  of  mak- 
ing___ 66ff 

Same — To  be  made  on  forms,  ac- 
companied by  certificate,  etc_    66gg 

Same — Original  claims  for  dis- 
ability and  death,  time  limit-    66hh 

Examination  of  enjployees  re- 
ceiving compensation,  method 
of  making,  and  penalty  for  re- 
fusal to  submit  to 66ii 

Same — Appointment  of  third 
physician  to  examine  in  case 
of  disagreement  between  phy- 
sicians of  commission  and  em- 
ployee       66j  j 

Same — Fees  for  examinations 
on  part  of  United  States  to 
be  fixed  by  commission 66kk 

Report  of  injury  to  be  made 
to  commission  by  employee's 
superior 6G11 

No  payment  to  assignee  or  cred- 
itor   66mm 

Injury  involving  claim  against 
third  person,  etc.,  assignment 
of,  to  United  States 66nn 

Same — Penalty  for  failure  to  as- 
sign or  to  prosecute  claim  in 
own  name 6600 

Same — Disposition  by  United 
States  of  money  received  in 
settlement  of  such  claim 66pp 

Money  received  by  beneficiary 
in  settlement  of  third  person's 
liability  for  the  injury,  dispo- 
sition of 66qq 

Same — If  compensation  has  been 
paid  in  whole  or  in  part  by 
United  States 66rr 

Same — If  no  compensation  has 
been  paid  by  United  States 66ss 

United  States  Employees'  Com- 
pensation Commission,  compo- 
sition, term,  and  salary  of 66tt 

Same — Pending  claims  trans- 
ferred to  the  commission,  to- 
gether with  certain  clerks 66uu 


Par. 

Commission  authorized  to  issue 
process,  administer  oaths,  etc_    66vv 

Same — Assistants,  clerks,  and 
other  employees 66ww 

Commission  to  submit  annual 
estimates 66xx: 

Same — To  make  rules  and  regu- 
lations for  enforcement  of, 
and  to  decide  questions  aris- 
ing under  Act 66yy 

Same — Annual  report  to  Con- 
gress       66zz 

Appropriation  for  expenses  of 
commission,  fiscal  year  1917__  66aaa 

Permanent  appropriation  for  em- 
ployees'  compensation  fund 66bbb 

Commission  to  make  finding  of 
facts  and  award  on  claim  pre- 
sented    66ccc 

Same — Review  of  award  on  ap- 
plication or  on  its  own  mo- 
tion    66ddd 

Same — Cancellation  and  recov- 
ery of  award  paid  under  mis- 
take of  law  or  fact 66eee 

Penalty  for  false  affidavit  or 
statement  in  support  of  claim.   66fff 

Definition  of  terms  used  in  Act_  66ggg 

Repealing  clause 66hhli 

Compensation  for  Injuries  oc- 
curring prior  to  passage  of 
Act  to  be  paid  under  old  law-    66iii 

Compensation,  method  of  pay- 
ing, where  liability  exists  in 
Panama  Railroad  Co.  for  the 
injury 66jjj 

Transfer  of  administration  of 
Act  as  to  employees  of  Pan- 
ama Canal  and  Alaska  Engi- 
neering Commission 66kkk 

Waiver  of  notice  of  claims  as  to 
employees  of  Panama  Canal 
and  Panama  Railroad  Co.; 
modification  of  minimum  limit 
as  to  aliens,  etc 66111 

Authorized  to  exchange  type- 
writers, adding  machines,  and 
other  labor-saving  devices 75a 

Subscriptions  for  periodicals  for 
executive  departments 77a 


10 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


Par. 

Business  methods — Restriction 
on  payments  to  experts  to  in- 
augurate new,  etc 81a 

Purchases  of  passenger-carrying 
veliicles  restricted  to  specific 
autliorization S2a 

Estimates  of  appropriations,  of- 
ficial to  be  designated  to  su- 
pervise and  prepare  for  eacli 
department,   etc 87a 

Special  or  additional  estimates, 

transmission  of,  to  Congress —      91a 

Estimates  for  lump-sum  appro- 
priations, statements  required 
in  annual  Book  of  Estimates.      96a 

Same — To  be  submitted  accord- 
ing to  uniform  and  concise 
metliods 9Gb 

Subsistence  allowance  outside  of 
District  of  Columbia  limited; 
estimates  for 96c 

Same — Restricted  to  actual  ab- 
sence," etc 96d 

Report  to  Congress  plans  for 
improvement  of  harbors,  etc., 
to  facilitate  operation  of  fleets 
for  their  defense 9Sa 

Rented  buildings,  District  of  Co- 
lumbia, statement  to  include 
details  of  floor  space,  etc 99a 

Executive  departments  author- 
ized to  lease  storage  accom- 
modations        99b 

Statement  of  proceeds  of  sales, 
etc.,  to  be  separate  from  Book 
of  Estimates 100a 

28a.  Temporary  employees^  War  Department. — For  the  temporary 
employment  of  such  additional  force  of  clerks  and  other  employees 
as  in  the  judgment  of  the  Secretary  of  War  may  be  proper  and 
necessary  to  the  prompt,  efficient,  and  accurate  dispatch  of  official 
business  in  the  War  Department  and  its  bureaus,  to  be  allotted  by 
the  Secretary  of  War  to  such  bureaus  and  offices  as  the  exigencies 
of  the  existing  situation  may  demand,  $4,261,232.  Act  of  Oct.  6', 
1917  UO  Stat.  361). 

(See  paragraph  44d,  post.) 

28b.  SaTJie — Report  to  Congress  as  to  7iuniber^  compensatio7i^  etc. — 
The  Secretary  of  War  shall  submit  to  Congress  on  the  first  day  of 
its  next  regular  session  a  statement  showing  by  bureaus  or  offices  the 
number  and  designation  of  the  persons  employed  hereunder  and  the 
annual  rate  of  compensation  paid  to  each.    Id, 


Annual  reports  of  American  Na- 
tional Red  Cross 

Same — Period  covered  by, 
changed  from  calendar  to  fis- 
cal year 

Annual  reports,  date  for  fur- 
nishing to  printer,  etc 

Designation  of  custodian  of 
property  in  White  House; 
bond 

Same — Annual  inventory  of,  re- 
quired ;  approval  and  filing  of, 
etc 

Printing  and  binding  for  execu- 
tive departments,  etc 

Printing  and  binding  for  Army 
and  National  Guard  may  be 
procured  by  contract  or  in 
open  market  during  hostili- 
ties   

Appropriation  for  printing  and 
binding  publications  for  in- 
struction of  land  forces 

Same — Contract  may  be  entered 
into  witli  private  concerns  for 

Joint  Committee  on  Printing, 
continuance  of,  vacancies  in, 
and  powers  of,  during  recess_ 

Price  of  gas  for  public  buildings 
limited  to  70  cents 

Public  library  depositaries  to 
receive  publications,  etc. ;  new 
designations  authorized 

Forging,  etc.,  certificate  of  dis- 
charge   


Par, 
104a 

1041> 
lOOn 

109a 

109b 
112a 

112b 

112c 
112d 

114a 
122a 

125a 
131a 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  11 

28c,  Limit  as  to  nuTrhber  receiving  maximMm  compensation. — No 
more  than  thirty  persons  shall  be  employed  hereunder  at  a  rate  of 
compensation  in  excess  of  $1,800  per  annum  each  and  not  exceeding 
$2,400  per  annum  each.    Id. 

30a.  Details  for  service  outside  of  District  restricted, — ^In  expend- 
ing appropriations  made  in  this  Act  persons  in  the  classified  service 
at  Washington,  District  of  Columbia,  shall  not  be  detailed  for  service 
outside  of  the  District  of  Columbia  except  for  or  in  connection  with 
work  pertaining  directly  to  the  service  at  the  seat  of  government  of 
the  department  or  other  Government  establishment  from  which  the 
detail  is  made:  Provided^  That  nothing  in  this  section  shall  be 
deemed  to  apply  to  the  investigation  of  any  matter  or  the  prepara- 
tion, prosecution,  or  defense  of  any  suit  by  the  Department  of  Jus- 
tice.   &ec.  5,  Acts  of  May  10,  1916,  and  Mar.  S,  1917  (39  Stat.  120, 

imi). 

(See  paragraph  205o,  post.) 

S5a.  LuTYhf-sum  appropriations,  payment  of  additional  salaries  to 
employees  from^  forhidden. — It  shall  not  be  lawful  hereafter  to  pay 
to  any  person,  employed  in  the  service  of  the  United  States  under 
any  general  or  lump-sum  appropriation,  any  sum  additional  to  the 
regular  compensation  received  for  or  attached  to  any  employment 
held  prior  to  an  appointment  or  designation  as  acting  for  or  instead 
of  an  occupant  of  any  other  office  or  employment.  This  provision 
shall  not  be  construed  as  prohibiting  regular  and  permanent  ap-^ 
pointments  by  promotion  from  lower  to  higher  grades  of  employ-i 
ments.    Sec.  12,  Act  of  Aug.  1, 191  Jf,  {38  Stat,  680). 

36a.  Transfer  of  clerks,  etc.,  of  executive  departments  to  inde- 
pendent  estaulishments,  etc. — Section  five  of  the  Act  of  June  twenty^ 
second,  nineteen  hundred  and  six,  prohibiting  the  transfer  of  em- 
ployees from  one  executive  department  to  another,  shall  apply  with 
equal  force  and  effect  to  the  transfer  of  employees  from  executive 
departments  to  independent  establishments  and  vice  versa  and  to  the 
transfer  of  emplo5^ees  from  one  independent  establishment  to  an- 
other: Provided,  That  the  United  States  Shipping  Board  Emer- 
gency Fleet  Corporation  shall  be  considered  a  Government  estab- 
lishment for  the  purposes  of  this  section.  Sec,  5,  Act  of  June  22, 
1906  {34  Stat.  U^),  as  amended  hy  sec.  6,  Act  of  Oct.  6,  1917  {40 
Stat,  383). 

36b.  Emi^loyment  of  civil  employees  of  executive  departments,  etc.^ 
in  other  executive  departments,  etc.,  at  increased  rate  of  compensa- 
tion  prohihited, — No  civil  employee  in  any  of  the  executive  depart- 
ments or  other  Government  establishments,  or  who  has  been  employed 
therein  within  the  period  of  one  year  next  preceding  his  proposed 
employment  in  any  other  executive  department  or  other  Govern- 


12  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

ment  establishment,  shall  be  emplo3'ed  hereafter  and  paid  from  a 
lump-sum  appropriation  in  any  other  executive  department  or  other 
Government  establishment  at  an  increased  rate  of  compensation. 
Sec,  7,  Act  of  Oct  6,  1917  {J^O  Stat.  383). 

36c.  Increase  of  compensation  of  civil  employees  of  executive  de- 
partments^ etc.^  em^ployed  in  other  departments^  etc.^  within  one  year 
from  such  employment  prohibited. — And  no  civil  employee  in  any 
of  the  executive  departments  or  other  Government  establishments  or 
who  has  been  employed  therein  within  the  period  of  one  year  next 
preceding  his  proposed  employment  in  any  other  executive  depart- 
ment or  other  Government  establishment  and  who  may  be  employed 
in  another  executive  department  or  other  Government  establishment 
shall  be  granted  an  increase  in  compensation  within  the  period  of 
one  year  following  such  reemplo^-ment.    Id.^  384. 

36d.  United  States  Shipping  Board  Emergency  Fleet  Corporati&n 
deemed  a  Government  estahlishment. — The  United  States  Shipping 
Board  Emergency  Fleet  Corporation  shall  be  considered  a  Govern- 
ment establishment  for  the  purposes  of  this  section.    Id. 

36e.  Section  -5,  Act  of  June  22^  1906,  not  repealed. — This  section 
shall  not  be  construed  to  repeal  section  five^  of  the  Act  of  June 
twenty-second,  nineteen  hundred  and  six,  which  prohibits  the  trans- 
fer of  employees  from  one  department  to  another.    Id. 

40a.  Officers  and  employees  of  executive  departments,  etc.,  estdb- 
lished  and  to  continue  from  year  to  year. — The  officers  and  employees 
©f  the  United  States  whose  salaries  are  herein  appropriated  for  are 
established  and  shall  continue  from  year  to  year  to  the  extent  they 
fchall  be  appropriated  for  by  Congress.  Sec.  6,  Act  of  Mar.  4,  1915 
(38  Stat.  1049). 

BUREAU    OF    EFFICIENCY. 

40b.  Created  as  independent  establishment. — Hereafter  the  Divi- 
sion of  Efficiency  of  the  Civil  Service  Commission  shall  be  an  inde- 
pendent establishment  and  shall  be  known  as  the  Bureau  of  Effi- 
ciency; and  the  officers  and  employees  of  the  said  division  shall  be 
transferred  to  the  Bureau  of  Efficiency  without  reappointment,  and 
the  records  and  papers  pertaining  to  the  work  of  the  said  division 
and  the  furniture,  equipment,  and  supplies  that  have  been  pur- 
chased for  it  shall  be  transferred  to  the  said  bureau.  Act  of  Feb.  28, 
1916  {39  Stat.  15). 

40c.  Duties  relating  to  efficiency  ratings  transferred  to. — The  duties 
relating  to  efficiency  ratings  imposed  upon  the  Civil  Service  Com- 
mission by  section  four  of  the  legislative,  executive,  and  judicial 
appropriation  Act  approved  August  twenty-third,  nineteen  hundred 

*  See  paragraph  36,  ante,  or  34  Stat.  449. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  13 

and  twelve,  and  the  duty  of  investigating  the  administrative  needs 
of  the  service  relating  to  personnel  in  the  several  executive  depart- 
ments and  independent  establishments,  imposed  on  the  Civil  Service 
Ommission  by  the  legislative,  executive,  and  judicial  appropriation 
Act  approved  March  fourth,  nineteen  hundred  and  thirteen,  are 
transferred  to  the  Bureau  of  Efficiency.    Id. 

40d.  Same — Establish  and  maintain  system  of  efjiciency  ratings^ 
investigate  duplication  of  worJc^  etc. — To  enable  the  Bureau  of  Effi- 
ciency, authorized  by  the  urgent  deficiency  appropriation  Act  ap- 
proved February  twenty-eighth,  nineteen  hundred  and  sixteen,  to 
establish  and  maintain  a  system  of  efficiency  ratings,  to  investigate 
administrative  needs  of  the  service  relating  to  personnel  in  the  sev- 
eral executive  departments  and  independent  establishments,  required 
by  legislative,  executive,  and  judicial  appropriation  Acts  for  the 
fiscal  years  nineteen  hundred  and  thirteen  and  nineteen  hundred  and 
fourteen,  respectively,  and  to  investigate  duplication  of  statistical 
and  other  Avork  and  methods  of  business  in  the  various  branches  of 
the  Government  service  *  *  *.  Act  of  May  10^  1916  {39  Stat. 
76). 

40e.  Same — Investigate  methods  of  auditing  accounts  of  diahursing 
offlceTs^  etc. — The  Bureau  of  Efficiency  shall  investigate  the  methods 
of  examining  and  auditing  claims  against  the  United  States  and  ac- 
counts of  disbursing  officers  and  of  accounting  for  receipts  and  dis- 
bursements and  shall  submit  a  report  to  the  Secretary  of  the  Treas- 
ury and  to  Congress,  with  recom.mendations,  at  its  next  regular  ses- 
sion.   Act  of  Mar.  3, 1917  {39.  Stat.,  1080). 

40f.  Same — Investigate  and  report  upon  m^ethods  of  transacting 
business  in  Civil  Service  Commission. — The  Bureau  of  Efficiency 
shall  investigate  the  methods  of  transacting  the  public  business  in 
the  Civil  Service  Commission  and  report  to  Congress  through  the 
President  at  the  next  regular  session  of  Congress.  The  officers  and 
employees  of  the  Civil  Service  Commission  are  hereby  directed  to 
furnish  said  bureau  with  such  information  as  it  may  require  to  carry 
out  this  provision.    Id. 

40g.  Same — Ascertain  rates  of  pay  of  State  and  municipal  em- 
ployees.— The  Bureau  of  Efficiency  shall  ascertain  the  rates  of  pay 
of  employees  of  various  State  and  municipal  governments  and  com- 
mercial institutions  in  different  parts  of  the  United  States  and 
shall  submit  to  Congress  at  its  next  regular  ression  a  report  showing 
how  such  rates  compare  with  the  rates  of  pay  of  employees  of  the 
Federal  Government  performing  similar  services.    Id.,  1081. 

40h.  Same— Executive  departments  to  furnish  information,  access 
to  records,  etc. — Officers  and  employees  of  the  executive  departemnts 
and  other  establishments  shall  furnish  authorized  representatives  of 
the  Bureau  of  Efficiency  with  all  information  that  the  bureau  may 


14  MILITARY   LAWS  OF   THE   UNITED   STATES,  1915. 

require  for  the  performance  of  the  duties  imposed  on  it  by  law,  and 
shall  give  such  representatives  access  to  all  records  and  papers  that 
may  be  needed  for  that  purpose.    Id. 

40i.  Samie — Investigate  dassi-fication^  salary^  and  e-fjiciency  of  em- 
ployees of  executive  departments^  etc. — The  Bureau  of  EiRciency 
fchall  investigate  the  classification,  salary,  and  efficiency  of  the  em- 
ployees of  the  departments  and  independent  establishments  of  the 
Government  in  the  District  of  Columbia,  and  report  fully  or  partially 
to  Congress  by  January  first,  nineteen  hundred  and  eighteen,  as  to 
needed  equalization  or  reclassification,  and  if  a  partial  report  be  sub- 
mitted then  a  full  report  shall  be  submitted  as  soon  thereafter  as 
possible,  with  such  recommendations  as  the  bureau  may  deem 
proper.     Id. 

40j.  Same — Investigate  and  report  upon  duplication  of  service  in 
executive  departments^  etc. — The  Bureau  of  Efficiency  shall  investi- 
gate duplication  of  service  in  the  various  executive  departments  and 
establishments  of  the  Government,  including  bureaus  and  divisions, 
and  make  a  report  to  the  President  thereon,  and  the  President  is 
hereby  authorized,  after  such  report  sliall  have  been  made  to  him, 
wherever  he  finds  such  duplications  to  exist  to  abolish  the  same.  Re- 
port of  the  action  taken  hereunder  shall  be  made  to  Congress  at  its 
next  regular  session.     Sec.  8,  id.,  112^. 

44a.  Increased  compensation  at  rate  of  ten  and  five  per  centum  to 
employees  of  certain  grades. — To  provide,  during  the  fiscal  year 
nineteen  hundred  and  eighteen,  for  increased  compensation  at  the 
rate  of  ten  per  centum  per  annum  to  employees  who  receive  salaries 
at  a  rate  per  annum  less  than  $1,200,  and  for  increased  compensation 
at  the  rate  of  five  per  centum  per  annum  to  employees  who  receive 
salaries  at  a  rate  not  more  than  $1,800  per  annum  and  not  less  than 
$1,200  per  annum,  so  much  as  may  be  necessary  is  appropriated.^ 
\&ec.  7,  id.,  1121.) 

44b.  Sam£, — Application  of;  detailed  rejyorts  to  Congress. — This 
section  shall  only  apply  to  the  employees  who  are  appropriated  for 
in  this  Act  specifically  and  under  lump  sums  or  whose  employment 
is  authorized  herein:  Provided  further,  That  detailed  reports  shall 
be  submitted  to  Congress  on  the  first  day  of  the  next  session  show- 
ing the  number  of  persons,  the  grades  or  character  of  positions,  the 

MVith  reference  to  the  provisions  in  the  various  annual  appropriation  acts 
for  the  fiscal  years  1918  for  5  and  10  per  cent  increases  in  compensation  of 
civilian  employees. 

Held,  That  persons  employed  by  the  Government  from  day  to  day,  or  to  do 
a  particular  job,  or  whose  compensation  is  not  fixed  by  law  or  regulation,  but 
by  agreement  at  the  time  when  the  services  are  engaged,  are  not  entitled  to 
the  percentage  increases  of  compensation  luider  the  statutes  referred  to,  such 
prsons  not  being  employees  of  the  United  States  within  the  meaning  of  such 
statutes. 

(Comp.  Treas.,  June  28,  1917,  War  Dept.  Bui.  49,  Aug.  22,  1917.) 


MILITARY   LAWS  OF  THE   UNITED  STATES^  1915.  15 

original  rates  of  compensation,  and  the  increased  rates  of  compensa- 
tion provided  for  herein.     Id. 

44c.  &aifne — Ina^ase  only  apflies  to  em/ployees  of  Military  Estcib- 
lishment  on  rolls  at'  close  of  preceding  year. — During  the  fiscal  year 
nineteen  hundred  and  eighteen,  all  civilian  employees  in  the  Military 
Estabiishment,  including  on  the  lump-sum  rolls  only  those  persons 
who  are  carried  thereon  at  the  close  of  the  fiscal  year  ending  June 
thii-tieth,  nineteen  hundred  and  seventeen,  shall  receive  increased 
compensation  at  the  rate  of  10  per  centum  per  annum  to  such  em- 
ployees who  receive  salaries  or  wages  in  such  establishment  at  a  rate 
per  annum  of  less  than  $1,200,  and  increased  compensation  at  a  rate 
of  five  per  centum  per  annum  to  such  employees  who  receive  salaries 
or  wages  in  such  establishment  at  a  rate  of  not  more  than  $1,800  per 
annum  and  not  less  than  $1,200  per  annum:  And  provided  further^ 
That  so  much  as  may  be  necessary  for  this  purpose  is  hereby  appro- 
priated out  of  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated.i— ^c^  of  May  12, 1917  {Ifi  Stat.,  7^). 

44d.  Temporary  employnnent  of  additional  force;  report  to  Con- 
gress as  to  number,  designation,  and  compensation. — For  the  tem- 
porary employment  of  such  additional  force  of  clerks  and  other  em- 
ployees as  in  the  judgment  of  the  Secretary  of  War  may  be  proper 

^The  question  was  presented  whether  Anny  field  clerks  and  fields  clerks, 
Quartermaster  Corps,  are  entitled  to  the  benefits  of  the  provision  in  the  Army- 
appropriation  act,  approved  May  12,  1917,  for  5  and  10  per  cent  increases  in  the 
compensation  of  "  all  civilian  employees  in  the  Military  Establishment." 

He.ld,  that  Army  field  clerks  and  field  clerks,  Quartermaster  Corps,  not  being 
regarded  as  civilian  employees,  they  are  not  entitled  to  the  benefits  of  the 
statute   mentioned. 

(Comp.  Treas.,  June  14  and  27, 1917.    War  Dept.  Bui,  49,  Aug.  22,  1917.) 

The  following  question  was  presented  for  decision : 

"A  civilian  employee  being  in  the  service  prior  to  June  30,  1917,  in  the 
capacity  of  laborer  Is  dropped  on  July  5,  1917,  as  such,  and  reemployed  on  July 
6  as  packer.  Is  he  entitled  to  the  10  per  cent  increase  in  pay  under  the  act 
making  appropriations  for  the  support  of  the  Army  for  the  fiscal  year  ending 
June  30,  1918,  and  for  other  purposes,  and  upon  what  is  it  based?" 

Held,  that  if  the  employee  in  question  is  a  civilian  employee  in  the  Military 
Establishment  and  was  borne  on  a  lump-sum  roll  on  June  30,  1917,  he  is  entitled 
to  the  percentage  increase,  on  his  compensation  as  packer,  provided  the  position 
or  rating  of  packer  existed  or  was  recognized  at  the  close  of  the  fiscal  year  1917 
and  the  rate  of  compensation  thereof  does  not  exceed  $1,800  per  annum  or  $5 
per  day ;  but  if  the  position  or  rating  of  packer  Ls  a  newly  established  one  not 
recognized  during  the  fiscal  year  1917,  the  employee  receiving  such  rating  is 
entitled  only  to  the  compensation  fixed  therefor  without  any  percentage 
increase. 

(Comp.  Treas.,  Aug.  7,  1917.    War  Dept.  Bui.  54,  Sept.  26,  1917.) 

Certain  employees  of  the  Military  Establishment  who  were  in  the  service 
Jmie  30,  1917.  and  borne  on  lump-sura  rolls  were  thereafter  promoted  to  other 
positions  in  the  military  service  also  payable  from  lump-sum  appropriations. 
As  to  whether  they  were  entitled  to  the  percentage  increases  provided  for  in 
the  Army  appropriation  act  approved  May  12,  1917,  on  the  salaries  of  the 
positions  to  wiiicli  they  were  promoted. 

Held,  that  if  tlie  ix>sitions  or  rating  to  which  they  were  promoted  existed  or 
were  recognzed  in  the  Military  Establishment  at  the  close  of  the  fiscal  year 
1917,  such  employees  were  entitled  to  the  percentage  increases. 

(Comp.  Treas.,  Aug.  27,  1917.     Id.)  . 


16  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

and  necessary  to  the  prompt,  efficient,  and  accurate  dispatch  of  offi- 
cial business  in  the  War  Department  and  its  bureaus,  to  be  allotted 
by  the  Secretary  of  War  to  such  bureaus  and  offi-ces  as  the  exigencies 
of  the  existing  situation  may  demand,  $900,000 :  Provided^  That  the 
Secretary  of  War  shall  submit  to  Congress  on  the  first  day  of  its  next 
regular  session  a  statement  showing  by  bureaus  or  offices  the  number 
and  designation  of  the  persons  employed  hereunder  and  the  annual 
rate  of  compensation  paid  to  each.    Act  of  June  15^  1917  {40  Stat. 

(See  paragraphs  28a-28c,  ante.) 

44e.  Appropriations  available  during  fiscal  years  1917  and  1918. — - 
The  appropriations  contained  in  this  act,^  unless  otherwise  specified 
herein,  shall  be  available  during  the  fiscal  years  nineteen  hundred  and 
seventeen  and  nineteen  hundred  and  eighteen.    Sec.  ^,  Id.^  217, 

44f.  Appropriations  available  for  paying  obligations  incurred 
prior  to  passage  of  Act. — The  appropriations  contained  herein  shall 
be  available  for  the  payment  of  obligations  on  account  of  the  existing 
emergency  incurred  prior  to  the  passage  of  this  Act  ^  and  which  are 
properly  chargeable  to  such  appropriations.    Sec.  3,  Id. 

44g.  Annual  report  to  Congress  of  expenditures  under  Act. — In 
addition  to  the  reports  now  required  by  law,  the  Secretaries  of  the 
Treasury,  War,  and  Navy  shall  each  on  the  first  Monday  in  December, 
nineteen  hundred  and  seventeen,  and  annually  thereafter,  transmit 
to  the  Congress  a  detailed  statement  of  all  expenditures  under  this 
Act.^ 
Sec.  5,  Id. 

44h.  Rules  for  division  of  time  and  computing  pay  of  Government 
employees. — Hereafter,  where  the  compensation  of  any  person  in  the 
service  of  the  United  States  is  annual  or  monthly,  the  following  rules 
for  division  of  time  and  computation  of  pay  for  services  rendered 
are  hereby  established:  Annual  compensation  shall  be  divided  into 
tAvelve  equal  installments,  one  of  which  shall  be  the  pay  for  each 
calendar  month;  and  in  making  payments  for  a  fractional  part  of 
a  month  one-thirtieth  of  one  of  such  installments,  or  of  a  monthly 
compensation,  shall  be  the  daily  rate  of  pay.  For  the  purpose  of 
computing  such  compensation  and  for  computing  time  for  services 
rendered  during  a  fractional  part  of  a  month  in  connection  with 
annual  or  monthly  compensation,  each  and  every  month  shall  be 
held  to  consist  of  thirty  days,  without  regard  to  the  actual  number 
of  days  in  any  calendar  month,  thus  excluding  the  thirty-first  of 
any  calendar  month  from  the  computation  and  treating  February  as 

*Aet  making  appropriations  to  supply  urgent  deficiencies  in  appropriations  for 
the  Military  and  Naval  Establishments, 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  17 

if  it  actually  had  thirty  days.     Any  person  entering  the  service  of 

the  United  States  during  a  thirty-one  day  month  and  serving  until 

the  end  thereof  shall  be  entitled  to  pay  for  that  month  from  the 

date  of  entry  to  the  thirtieth  day  of  said  month,  both  days  inclusive ; 

and  any  person  entering  said  service  during  the  month  of  February 

and  serving  imtil  the  end  thereof  shall  be  entitled  to  one  month's 

pay,  less  as  many  thirtieths  thereof  as  there  were  days  elapsed  prior 

to  date  of  entry :  Provided^  That  for  one  day's  unauthorized  absence 

on  the  thirty-first  day  of  any  calendar  monlHi  one  day's  pay  shall 

be  forfeited.    Sec.  6,  Act  of  June  30, 1906  (34  Stat,  763). 

(See  paragraph  626,  ante,  for  rules  for  division  of  time  and  computation  of  pay 
of  enlisted  men.) 

441.  Increased  compensation  to  pieceworh  and  per  diem  employees, 

computation  of. — In  determining  the  right  of  employees  to  increased 

compensation  as  heretofore  authorized  by  law  at  rates  of  five  and  ten 

per  centum  per  annum  for  the  fiscal  year  nineteen  hundred  and 

eighteen,   such  employees  as  are  employed  on  piecework,  by  the 

hour,  or  at  per  diem  rates,  shall  be  entitled  to  receive,  from  July 

first,  nineteen  hundred  and  seventeen,  to  June  thirtieth,  nineteen 

hundred  and  eighteen,  inclusive,  the  increased  compensation  at  the 

rate  of  ten  per  centum  when  the  fixed  rate  of  compensation  at  the 

regular  working  hours  and  on  the  basis  of  three  hundred  and  twelve 

days  in  said  year  would  amount  to  less  than  $1,200,  and  at  the  rate 

of  five  per  centum  when  not  less  than  $1,200  and  not  more  than 

§1,800:  Provided,  That  this  method  of  computation  shall  not  apply 

to  any  per  diem  employees  regularly  paid  a  per  diem  for  every  day 

in  the  year.^    Sec.  8,  Act  of  Oct.  6, 1917  ^0  Stat.  38^), 

COMPENSATION    FOR    INJURIES    TO    FEDERAL    EMPLOYEES. 

66a.  No  compensation  for  injuries  from  certain  causes. — The 
United  States  shall  pay  compensation  as  hereinafter  specified  for  the 
disability  or  death  of  an  employee  resulting  from  a  personal  injury 
sustained  while  in  the  performance  of  his  duty ,2  but  no  compensa- 
tion shall  be  paid  if  the  injurj^  or  death  is  caused  by  the  willful  mis- 
conduct of  the  employee  or  by  the  employee's  intention  to  bring  about 
the  injury  or  death  of  himself  or  of  another,  or  if  intoxication  of  the 

^  This  method  of  computation  overrules  the  decision  of  the  Comptroller  of  the 
Treasury  dated  May  28,  1917,  published  in  War  Department  Bulletin  42,  July 
19,  1917. 

'  Civilian  employees  of  the  War  Department  injured  while  in  line  of  duty  are 
entitled  to  compensation  under  the  United  States  Employees'  Compensation  Act 
».i'  September  7,  1916  (39  Stat.  742).  This  Act  is  administered  by  the  United 
States  Employees'  Compensation  Commission  under  the  Department  of  Labor 
and  application  should  be  made  to  this  Commission  for  any  information  per- 
tJiining  to  the  general  provisions  and  operations  of  the  Act.  (Dig.  Opins, 
J.  A.  G.,  February,  1918.) 

54208°— 18 2 


18  MILITAEY  LAWS  OF   THE   UNITED   STATES^  1915. 

injured  employee  is  the  proximate  cause  of  the  injury  or  death.  Sec. 
1,  act  of  jSepL  7, 1916  {39  Stat.  71^), 

66b.  No  GOTnpensation  during  first  three  days  of  disability. — Dur- 
ing the  first  three  days  of  disability  the  employee  shall  not  be  en- 
titled to  compensation  except  as  provided  in  section  nine.  No  com- 
pensation shall  at  any  time  be  paid  for  such  period.     Sec.  ^,  id.  7Jt3. 

66c.  Compensation  for  total  disability. — If  the  disability  is  total 
the  United  States  shall  pay  to  the  disabled  employee  during  such  dis- 
ability a  monthly  compensation  equal  to  sixty-six  and  two-thirds  per 
centum  of  his  monthly  pay,  except  as  hereinafter  provided.    Sec.  3,  id. 

66d.  Oompemsation  for  par'tial  disability. — If  the  disability  is  par- 
tial the  United  States  shall  pay  to  tlie  disabled  employee  during  such 
disability  a  monthly  compensation  equal  to  sixty-six  and  two-tliirds 
per  centum  of  the  difference  betAveen  his  monthly  pay  and  his 
monthly  Avage-earning  capacity  after  the  beginning  of  such  partial 
disability.  The  commission  may,  from  time  to  time,  require  a  par- 
tially disabled  employee  to  make  an  affidavit  as  to  the  wages  which 
he  is  then  receiving.  In  such  affidavit  the  employee  shall  include  a 
statement  of  the  value  of  housing,  board,  lodging,  and  other  advan- 
tages which  are  received  from  the  employer  as  a  part  of  his  remu- 
neration and  which  can  be  estimated  in  money.  If  the  employee, 
when  required,  fails  to  make  such  affidavit,  he  shall  not  be  entitled  to 
any  compensation  while  such  failure  continues,  and  the  period  of 
such  failure  shall  be  deducted  from  the  period  during  which  com- 
pensation is  payable  to  him.     Sec  4,  id. 

66e.  Sanie — Compensation  ceases  on  refusal  to  perform  suitable 
work. — If  a  partially  disabled  employee  refuses  to  seek  suitable  work 
or  i-efuses  or  neglects  to  work  after  suitable  work  is  offered  to,  pro- 
cured by,  or  secured  for  him,  he  shall  not  be  entitled  to  any  compen- 
sation.   Sec.  5,  id. 

66f.  Ma/xiTnum  and  minirmini  compensation  for  total  disability^ 
and  maxiTJhum  compensation  for  partial  dmibiUty. — The  monthly 
compensation  for  total  disability  shall  not  be  more  than  $06.67  nor 
less  than  $33.33,  unless  the  employee's  monthly  pay  is  less  than  $33.33, 
in  which  case  his  monthly  compensation  shall  be  the  full  amount  of 
his  monthly  pay.  The  monthly  compensation  for  partial  disability 
shall  not  be  more  than  $66,67.  In  the  case  of  persons  Avho  at  the 
time  of  the  injury  were  minors  or  employed  in  a  learner's  capacity 
and  who  were  not  physically  or  mentally  defective,  the  commission 
shall,  on  any  review  after  the  time  when  the  monthly  wage-earning 
capacity  of  such  persons  would  probably,  but  for  the  injury,  have 
increased,  award  compensation  based  on  such  probable  monthly 
wage-earning  capacity.  The  commission  may,  on  any  review  after 
the  time  when  the  monthly  wage-earning  capacity  of  the  disabled 
employee  would  probably,  irresi^ective  of  the  injury,  have  decreased 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  19 

on  account  of  old  age,  award  compensation  based  on  sucli  probable 
monthly  wage-earning  capacity.     Sec.  6,  id, 

66g.  During  receipt  of  compensation  to  receive  no  other  salary  or 
pay  from  United  States^  except  for  services  rendered  or  as  Army  or 
Navy  pension. — As  long  as  the  employee  is  in  receipt  of  compensa- 
tion under  this  Act,  or,  if  he  has  been  paid  a  lump  sum  in  commuta- 
tion of  installment  payments,  until  the  expiration  of  the  period 
during  which  such  installment  payments  would  have  continued,  he 
shall  not  receive  from  the  United  States  any  salary,  pay,  or  remu- 
neration whatsoever  except  in  return  for  services  actually  performed, 
and  except  pensions  for  service  in  the  Army  or  Navy  of  the  United 
States.     Sec.   7,  id. 

66h.  Compensation  may  hegin  four  days  after  expiration  of  annual 
or  sick  leave. — If  at  the  time  the  disability  begins  the  employee  has 
annual  or  sick  leave  to  his  credit  he  may,  subject  to  the  approval  of 
the  head  of  the  department,  use  such  leave  until  it  is  exhausted,  in 
which  case  his  compensation  shall  begin  on  the  fourth  day  of  dis- 
ability after  the  annual  or  sick  leave  has  ceased.    Sec.  8,  id. 

661.  Injwed  employees  entitled  to  reasonable  medical^  surgical, 
and  hospital  services  and  supplies. — Immediately  after  an  injury  sus- 
tained by  an  employee  while  in  the  performance  of  his  duty,  whether 
or  not  disability  has  arisen,  and  for  a  reasonabfe  time  thereafter, 
the  United  States  shall  furnish  to  such  employee  reasonable  medical, 
surgical,  and  hospital  services  and  supplies  unless  he  refuses  to  ac- 
cept them.  Such  services  and  supplies  shall  be  furnished  by  United 
States  medical  officers  and  hospitals,  but  where  this  is  not  practicable 
sliall  be  furnished  by  private  physicians  and  hospitals  designated 
or  approved  by  the  commission  and  paid  for  from  the  employees' 
compensation  fund.  If  necessary  for  the  securing  of  proper  medical, 
surgical,  and  hospital  treatment,  the  employee,  in  the  discretion  of 
the  commission,  may  be  furnished  transportation  at  the  expense  of 
the  employees'  compensation  fund.^    Sec.  P,  id. 

^  Held,  that  under  this  act  United  States  hospitals  and  facilities  are  free  to  in- 
jured employees  of  any  department  of  the  Government,  and  that  tlie  appropria- 
tions for  the  various  executive  departments  or  other  Government  establishments 
or  services  may  not  lawfully  be  reimbursed  from  the  compensation  fund  provided 
for  injured  Government  employees  for  the  cost  of  medical  or  hospital  treatment 
of  such  employees  unless  such  treatment  v/as  furnished  by  private  physicians  or 
hospitals  at  the  cost  of  the  executive  department,  establishment,  or  service  seek- 
ing reimbursement.  (Comp.  Treas.,  June  7,  1917,  War  Dept.  Bui.  49,  Aug.  22, 
1917. ) 

On  the  question  whether  there  was  any  objection  to  the  treatment  by  the  Med- 
ical Department  of  the  employees  of  contractors  for  buildings  at  cantonments. 

Held,  that  while  the  functions  of  the  Medical  Department  are  not  defined  by 
statute,  they  are  necessarily  limited  by  the  terms  of  appropriations  for  the  sup- 
port of  the  Army ;  that  the  appropriations  for  the  Medical  Department  appear 
to  be  available  only  for  the  medical  care  and  treatment  of  persons  connected 
with  the  military  establishment  and,  under  authority  of  the  act  of  September 
7,  1916  (39  Stat..  748),  of  (iovernment  employees  generally  who  are  injured  in 
the  performance  of  their  duty  as  such  employees;  and  that  while  the  medical 


20  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

66j.  Death  resulting  from  injury  within  six  years^  rates  of  pay. — 
If  death  results  from  the  injury  within  six  years,  the  United  States 
shall  pay  to  the  following  persons  for  the  following  periods  a  monthly 
compensation  equal  to  the  following  percentages  of  the  deceased  em- 
ployee's monthly  pay,  subject  to  the  modification  that  no  compensa- 
tion shall  be  paid  where  the  death  takes  place  more  than  one  year 
after  the  cessation  of  disability  resulting  from  such  injury,  or,  if 
there  has  been  no  disability  preceding  death,  more  than  one  year  after 
the  injury.    Sec.  10^  id.,  744-- 

66k.  Same — To  widow,  if  there  is  no  child. — To  the  widow,  if 
there  is  no  child,  thirty-five  per  centum.  This  compensation  shall  be 
paid  until  her  death  or  marriage.     Id.,  clause  A. 

661.  Same — To  the  widovjer,  if  there  is  no  child. — To  the  widower, 
if  there  is  no  child,  thirty-five  per  centum  if  wholly  dependent  for 
support  upon  the  deceased  employee  at  the  time  of  her  death.  This 
compensation  shall  be  paid  until  his  death  or  marriage.     Id.,  clause  B. 

66m.  Same — To  the  widoio  or  widower,  if  there  is  a  child,  and  to 
minor  child. — To  the  widow  or  widower,  if  there  is  a  child,  the  com- 
pensation payable  under  clause  (A)  or  clause  (B)  and  in  addition 
thereto  ten  per  centum  for  each  child,  not  to  exceed  a  total  of  sixty- 
six  and  two  thirds  per  centum  for  such  widoAV  or  widower  and  chil- 
dren. If  a  child  has  a  guardian  other  than  the  surviving  w4dow  or 
widower,  the  compensation  payable  on  account  of  such  child  shall 
be  paid  to  such  guardian.  The  compensation  payable  on  account  of 
any  child  shall  cease  when  he  dies,  marries,  or  reaches  the  age  of 
eighteen,  or,  if  over  eighteen,  and  incapable  of  self-support,  becomes 
capable  of  self-support.    Id.,  clause  C, 

66n.  Same — To  children  in  absence  of  widow  or  widower. — To  the 
children,  if  there  is  no  widow  or  widower,  twenty-five  per  centum 
for  one  child  and  ten  per  centum  additional  for  each  additional  child, 
not  to  exceed  a  total  of  sixty-six  and  two-thirds  per  centum,  divided 
among  such  children  share  and  share  alike.  The  compensation  of 
each  child  shall  be  paid  until  he  dies,  marries,  or  reaches  the  age  of 
eighteen,  or,  if  over  eighteen  and  incapable  of  self-support,  becomes 
capable  of  self-support.  The  compensation  of  a  child  under  legal  age 
shall  be  paid  to  its  guardian.    Id.,  clause  D, 

66o.  Same — To  dependent  parents  in  absence  of  loidow,  widower, 
or  child. — To  the  parents,  if  one  is  wholly  dependent  for  support 
upon  the  deceased  employee  at  the  time  of  his  death  and  the  other  is 
not  dependent  to  any  extent,  twenty-five  per  centum;  if  both  are 
wholly  dependent,  twenty  per  centum  to  each ;  if  one  is  or  both  are 


care  of  contractors'  employees  may  be  authorized  from  appropriations  for  can- 
tonment construction,  the  limitations  on  the  use  of  Army  appropriations  would 
prechide  payments  from  such  appropriations  of  the  necessary  exx)euditures  in- 
volved.    (War  Dept.  Bui.  54,  Sept.  26,  1917.) 


MILITAHY   LAWS  OF   THE   UNITrj>   STATES     1915  01 

partly  dependent,  a  proportionate  amount  in  c^q  discretion  of  ih 
commission.    Id.,  clause  E, 

66p.  Satne — To  dependent  parents  where   there  is    ,^1.7^^  •  7 

cnoer,  or  child. — The  above  percentages  shall  be  paid  if  x.     '  • 
widow,  widower,  or  child.    If  there  is  a  widow,  widower,  oi   7-11 
there  shall  be  paid  so  much  of  the  above  percentages  as,  when  adu  .^' 
to  the  total  percentages  payable  to  the  widow,  widower,  and  chil- 
dren, Avill  not  exceed  a  total  of  sixty-six  and  two-thirds  per  centum. 
Id. 

66q.  Same — To  dependent  Ijrotliers.,  sisters,  grandparents,  and 
grandchildren,  in  atsence  of  loidoio,  vjidoioer,  child,  or  dependent 
parent. — To  the  brothers,  sisters,  grandparents,  and  grandchildren, 
if  one  is  wholly  dependent  upon  the  deceased  emplo^^ee  for  support 
at  the  time  of  his  death,  twenty  per  centum  to  such  dependent;  if 
more  than  one  are  wholly  dependent,  thirty  per  centum,  divided 
among  such  dependents  share  and  share  alike;  if  there  is  no  one  of 
them  wholly  dependent,  but  one  or  more  partly  dependent,  ten 
per  centum  divided  among  such  dependents  share  and  share  alike. 
Id.,  clause  F. 

66r.  Same — To  dependent  "brothers,  sisters,  grandparents,  and 
grandchildren,  tohere  there  is  widoiv,  widower,  child,  or  dependent 
parent. — The  above  percentages  shall  be  paid  if  there  is  no  widow, 
widower,  child,  or  dependent  parent.  If  there  is  a  widow,  widower, 
child,  or  dependent  parent,  there  shall  be  paid  so  much  of  the  above 
percentages  as,  when  added  to  the  total  percentage  payable  to  the 
widow,  widower,  children,  and  dependent  parents,  will  not  exceed  a 
total  of  sixty-six  and  two-thirds  per  centum.    Id.,  71^5. 

66s.  Same — Duration  of  compensation  under  clauses  E  and  F. — 
The  compensation  of  each  beneficiary  under  clauses  (E)  and  (F) 
shall  be  paid  for  a  period  of  eight  years  from  the  time  of  the  death, 
unless  before  that  time  he,  if  a  parent  or  grandparent,  dies,  marries, 
or  ceases  to  be  dependent,  or,  if  a  brother,  sister,  or  grandchild,  dies, 
marries,  or  reaches  the  age  of  eighteen,  or,  if  over  eighteen  and  in- 
capable of  self-support,  becomes  capable  of  self-support.  The  com- 
pensation of  a  brother,  sister,  or  grandchild  under  legal  age  shall  be 
paid  to  his  or  her  guardian.    Id.,  clause  G. 

66t.  Same — Definition  of  teiwbs  child,  brother,  sister,  parent, 
xoidoio,  widower,  etc. — As  used  in  this  section,  the  term  "child" 
includes  stepchildren,  adopted  children,  and  pothumous  children,  but 
does  not  include  married  children.  The  terms  "  brother  "  and  "  sis- 
ter" include  stepbrothers  and  stepsisters,  half  brothers  and  half 
sisters,  and  brothers  and  sisters  by  adoption,  but  do  not  include  mar- 
ried brothers  or  married  sisters.  All  of  the  above  terms  and  the  term 
"  grandchild  "  include  only  persons  who  at  the  time  of  the  death  of 
the  deceased  employee  are  under  eighteen  years  of  age  or  over  that 


99  MILITARY  LAW-^  OF  THE  TJinTED  STATES,  1915. 

acre  and  incapable  o-^self-support.  The  term  "  parent "  includes  step- 
parents and  pa^'^^^  ^J  adoption.  The  term  "  widow  "  includes  only 
the  decedep'*'  ^^-^^  living  with  or  dependent  for  support  upon  him 

t  the  ^"^*^  ^^  ^^^^  death.     The  term  "  widower "  includes  only  the 

\    ,^,<5nt's  husband  dependent  for  support  upon  her  at  the  time  of 

y^t  death.     The  terms  "  adopted  "  and  "  adoption,"  as  used  in  this 

clause,  include  only  legal  adoption  prior  to  the  time  of  the  injury. 

Id.  J  clause  H. 

66ii.  Compensation  of  remaining  2?ersons  luhere  compensation  of 
one  person  ceases. — Upon  the  cessation  of  compensation  under  this 
section  to  or  on  account  of  any  person,  the  compensation  of  the 
remaining  persons  entitled  to  compensation  for  the  unexpired  part 
of  the  period  during  which  their  compensation  is  payable  shall  be 
that  which  such  persons  would  have  received  if  they  had  been  the 
only  persons  entitled  to  compensation  at  the  time  of  the  decedent's 
death..   Id.,  clause  I. 

66v.  Commission  may  modify  apportionment  to  avoid  injustice 
when  made  to  two  or  more  classes. — In  case  there  are  two  or  more 
classes  of  persons  entitled  to  compensation  under  this  section  and 
the  apportionment  of  such  compensation,  above  provided,  would 
result  in  injustice,  the  conmiission  may,  in  its  discretion,  modify  the 
apportionment  to  meet  the  requirements  of  the  case.     Id.,  clause  J. 

66w.  Same — Total  monthly  compensation  not  to  exceed  monthly 
fay  at  a  maximum  of  one  hundred  dollars  and  a  minimum  of  fifty 
dollars. — In  computing  compensation  under  this  section,  the  monthly 
pay  shall  be  considered  not  to  be  more  than  $100,  nor  less  than  $50, 
but  the  total  monthly  compensation  shall  not  exceed  the  monthly  pay 
computed  as  provided  in  section  twelve.    Id.,  clause  K, 

66x.  Same — Penalty  for  accepting  compensation  after  right  to 
ceases. — Any  person  entitled  to  compensation  under  this  section, 
whose  compensation  by  the  terms  of  this  section  ceases  upon  his 
marriage,  accepts  any  payments  of  compensation  after  his  marriage 
he  shall  be  punished  by  a  fine  of  not  more  than  $2,000  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment.   Id.,  clause  L, 

66y.  Burial  expenses  of  employees  dying  from  injuries,  and  trans- 
portation of  their  remains. — If  death  results  from  the  injury  within 
six  years  the  United  States  shall  pay  to  the  personal  representati\  e 
of  the  deceased  employee  burial  expenses  not  to  exceed  $100,  in  the 
discretion  of  the  commission.  In  the  case  of  an  employee  whose 
home  is  within  the  United  States,  if  his  death  occurs  away  from 
his  home  office  or  outside  of  the  United  States,  and  if  so  desired  b}' 
his  relatives,  the  body  shall,  in  the  "''scretion  of  the  commission,  be 
embalmed  and  transported  in  a  hen.  tically  sealed  casket  to  the 
home  of  the  employee.    Such  burial  expenses  shall  not  be  paid  and 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  23 

such  transportation  shall  not  be  furnished  where  the  death  takes 
place  more  than  one  year  after  the  cessation  of  disability  resulting 
from  such  injury,  or,  if  there  has  been  no  disability  preceding  death, 
more  than  one  year  after  the  injury.     Sec.  11^  id. 

66z.  Practice  of  farticalar  hranch  of  service  to  he  folloiced  in 
compnthig  inonthly-  pay;  o^vertime  fay  not  to  he  counted. — In  com- 
puting the  monthly  pay  the  usual  practice  of  the  service  in 
which  the  employee  was  employed  shall  be  followed.  Subsistence 
and  the  value  of  quarters  furnished  an  employee  shall  be  included 
as  part  of  the  pay,  but  overtime  pay  shall  not  be  taken  into  account. 
&ec.  12,  id.  7Jt6. 

66aa.  Partial  disability,  method  of  determining  employee'^s  wage- 
earning  capacity. — In  the  determination  of  the  employee's  monthly 
wage-earning  capacity  after  the  beginning  of  partial  disability,  the 
value  of  housing,  board,  lodging,  and  other  advantages  which  are 
received  from  his  employer  as  a  part  of  his  remuneration  and  which 
can  be  estimated  in  money  shall  be  taken  into  account.     Sec.  IS,  id. 

66bb.  Lump-sum  payment  in  certain  cases  in  lieu  of  monthly  cortir- 
pensation,  nfiethod  of  determiining  amx>unt  of. — In  cases  of  death  or 
of  permanent  total  or  permanent  partial  disability,  if  the  monthly 
payment  to  the  beneficiary  is  less  than  $5  a  month,  or  if  the  bene- 
ficiary is  or  is  about  to  become  a  nonresident  of  the  United  States, 
or  if  the  commission  determines  that  it  is  for  the  best  interests  of 
the  beneficiary,  the  liability  of  the  United  States  for  compensation 
to  such  beneficiary  may  be  discharged  by  the  payment  of  a  lump 
sum  equal  to  the  present  value  of  all  future  payments  of  compensa- 
tion computed  at  four  per  centum  true  discount  compounded  annu- 
ally. The  probability  of  the  beneficiary's  death  before  the  expiration 
of  the  period  during  which  he  is  entitled  to  compensation  shall  be  de- 
termined according  to  the  American  Experience  Table  of  Mortality ; 
but  in  case  of  compensation  to  the  widow  or  widower  of  the  de- 
ceased employee,  such  lump  sum  shall  not  exceed  sixty  months'  com- 
pensation. The  probability  of  the  happening  of  any  other  contin- 
gency affecting  the  amount  or  duration  of  the  compensation  shall  be 
disregarded.    Sec.  Ik,  id. 

66cc.  'Written  notice  of  injury  to  employee,  time  limJt  for  giving. — 
Every  employee  injured  in  the  performance  of  his  duty,  or  some  one 
on  his  behalf,  shall,  within  forty-eight  hours  after  the  injury,  give 
written  notice  thereof  to  the  immediate  superior  of  the  employee. 
Such  notice  shall  be  given  by  delivering  it  personally  or  by  deposit- 
ing it  properly  stamped  and  addressed  in  the  mail.     Sec.  16,  id>. 

66dd.  Same — Information  which  notice  shall  contain. — The  notice 
shall  state  the  name  and  address  of  the  employee,  the  year,  month, 
day,  and  hour  when  and  the  particular  locality  where  the  injury 
occurred,  and  the  cause  and  nature  of  the  injury,  and  shall  be  signed 


24  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

by  and  contain  the  address  of  the  person  giving  the  notice.  Sec, 
16,  id. 

66ee.  Same — Failure  to  give  notice  within  time  limit  may  he 
waived  for  cause. — Unless  notice  is  given  within  the  time  specified  or 
unless  the  immediate  superior  has  actual  knowledge  of  the  injury,  no 
compensation  shall  be  allowed,  but  for  any  reasonable  cause  shown, 
the  commission  may  allow  compensation  if  the  notice  is  filed  within 
one  year  after  the  injury.     Sec.  17,  id. 

66ff.  Claim,  for  compensation.)  time  limit  for  and  method  of  mak- 
ing.— No  compensation  under  this  Act  shall  be  allowed  to  an}^  person, 
except  as  provided  in  section  thirty-eight,  unless  he  or  some  one  on 
his  behalf  shall,  within  the  time  specified  in  section  twenty,  make  a 
written  claim  therefor.  Such  claim  shall  be  made  by  delivering  it  at 
the  office  of  the  commission  or  to  any  commissioner  or  to  any  person 
whom  the  commission  may  by  regulation  designate,  or  by  depositing 
it  in  the  mail  properly  stamped  and  addressed  to  the  commission  or  to 
any  person  whom  the  commission  may  by  regulation  designate. 
Sec.  IS,  id. 

66gg.  Same — To  he  made  on  forms,  accompanied  hy  certificate^ 
etc. — Every  claim  shall  be  made  on  forms  to  be  furnished  by  the 
commission  and  shall  contain  all  the  information  required  by  the 
commission.  Each  claim  shall  be  sworn  to  by  the  person  entitled  to 
compensation  or  by  the  person  acting  on  his  behalf,  and,  except  in 
case  of  death,  shall  be  accompanied  by  a  certificate  of  the  employee's 
physician  stating  the  nature  of  the  injury  and  the  nature  and  prob- 
able extent  of  the  disability.  For  any  reasonable  cause  shown  the 
commission  may  waive  the  provisions  of  this  section.    Sec.  19,  id. 

66hh.  Same — Original  claims  for  disahility  and  death,  time  limit. — 
All  original  claims  for  compensation  for  disability  shall  be  made 
wdthin  sixty  days  after  the  injury.  All  original  claims  for  compen- 
sation for  death  shall  be  made  within  one  year  after  the  death.  For 
an}^  reasonable  cause  show^n  the  commission  may  allow  original 
claims  for  compensation  for  disability  to  be  made  at  any  time  wdthin 
one  year.     Sec.  20,  id.  7Jfl. 

66ii.  ExaminoMon  of  employees  receiving  compensation,  mMhod 
of  making,  and  penalty  for  refusal  to  suhmit  to. — After  the  injury 
the  employee  shall,  as  frequently  and  at  such  times  and  places  as 
may  be  reasonably  required,  submit  himself  to  examination  by  a 
medical  officer  of  the  United  States  or  by  a  duly  qualified  physician 
designated  or  approved  by  the  commission.  The  employee  may  have 
a  duly  qualified  physician  designated  and  paid  by  him  present  to 
participate  in  such  examination.  For  all  examinations  after  the 
first  the  employee  shall,  in  the  discretion  of  the  commission,  be  paid 
his  reasonable  traveling  and  other  expenses  and  loss  of  wages  in- 
curred in  order  to  submit  to  such  examination.     If  the  employee 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  25 

refuses  to  submit  himself  for  or  in  any  way  obstructs  any  examina- 
tion, his  right  to  claim  compensation  under  this  Act  shall  be  sus- 
pended until  such  refusal  or  obstruction  ceases.  No  compensation 
shall  be  payable  while  such  refusal  or  obstruction  continues,  and  the 
period  of  such  refusal  or  obstruction  shall  be  deducted  from  the 
period  for  which  compensation  is  payable  to  him.    Sec.  21^  id. 

66jj.  &ame — Appointment  of  third  fhysician  to  examine  in  case 
of  disagreement  hetween  physicians  of  commission  and  employees. — 
In  case  of  any  disagreement  between  the  physician  making  an  ex- 
amination on  the  part  of  the  United  States  and  the  employee's 
physician  the  commission  shall  appoint  a  third  physician,  duly 
qualified,  who  shall  make  an  examination.    Sec.  22^  id. 

66kk.  So.me — Fees  for  examinations  on  part  of  United  States  to 
be  fixed  hy  commission. — Fees  for  examinations  made  on  the  part  of 
the  United  States  under  sections  twenty-one  and  twenty-two  by 
physicians  who  are  not  already  in  the  service  of  the  United  States 
shall  be  fixed  by  the  commission.  Such  fees,  and  any  sum  payable 
to  the  employee  under  section  twenty-one,  shall  be  paid  out  of  the 
appropriation  for  the  work  of  the  commission.     Sec.  23^  id. 

6611.  Report  of  injury  to  he  m^ade  to  commission  hy  employee's 
superior. — Immediately  after  an  injury  to  an  employee  resulting  in 
his  death  or  in  his  probable  disability  his  immediate  superior  shall 
make  a  report  to  the  commission  containing  such  information  as  the 
commission  may  require,  -and  shall  thereafter  make  such  supple- 
mentary reports  as  the  commission  may  require.    Sec.  2Jj.^  id. 

66niiii.  No  payment  to  assignee  or  creditor. — Any  assignment  of  a 
claim  for  compensation  under  this  Act  shall  be  void,  and  all  compen- 
sation and  claims  therefor  shall  be  exempt  from  all  claims  of  cred- 
itors.   Sec.  2S,  id. 

66nii.  Injury  involving  claim  against  thii'd  person^  etc.,  assign- 
ment of  to  United  States. — If  an  injury  or  death  for  which  compen- 
sation is  payable  under  this  Act  is  caused  under  circumstances  cre- 
ating a  legal  liability  upon  some  person  other  than  the  United  States 
to  pay  damages  therefor,  the  commission  may  require  the  beneficiary 
to  assign  to  the  United  States  any  right  of  action  he  may  have  to 
enforce  such  liability  of  such  other  person  or  any  right  which  he 
may  have  to  share  in  any  money  or  other  property  received  in  satis- 
faction of  such  liability  of  such  other  person,  or  the  commission  may 
require  said  beneficiary  to  prosecute  said  action  in  his  own  name. 
Sec.  26,  id. 

66oo.  Same — Penalty  for  failure  to  assign  or  to  prosecute  claim 
in  own  name. — If  the  beneficiary  shall  refuse  to  make  such  assign- 
ment or  to  prosecute  said  action  in  his  own  name  when  required  by 
the  commission,  he  shaU  not  be  entitled  to  any  compensation  under 
this  Act.    Id. 


26  MILITABY' LAWS  OF   THE   UNITED  STATES,  1915. 

66pp.  BaTTie — Disposition  hy  United  States  of  Tnotiey  received  in 
settlement  of  such  claim. — The  cause  of  action  when  assigned  to  the 
United  States  may  be  prosecuted  or  compromised  by  the  commission, 
and  if  the  commission  realizes  upon  such  cause  of  action,  it  shall 
apply  the  money  or  other  property  so  received  in  the  following  man- 
ner :  After  deducting  the  amount  of  any  compensation  already  paid 
to  the  beneficiary  and  the  expenses  of  such  realization  or  collection, 
which  sum  shall  be  placed  to  the  credit  of  the  employees'  compen- 
sation fund,  the  surplus,  if  any,  shall  be  paid  to  the  beneficiary  and 
credited  upon  any  future  payments  of  compensation  payable  to  him 
on  account  of  the  same  injury.     Id. 

66qq.  Money  received  hy  heneficiary  in  settlement  of  third  person^s 
liability  for  the  injury^  disposition  of. — If  an  injury  or  death  for 
which  compensation  is  payable  under  this  Act  is  caused  under  cir- 
cumstances creating  a  legal  liability  in  some  person  other  than  the 
United  States  to  pay  damages  therefor,  and  a  beneficiary  entitled  to 
compensation  from  the  United  States  for  such  injury  or  death 
receives,  as  a  result  of  a  suit  brought  by  him  or  on  his  behalf,  or  as  a 
result  of  a  settlement  made  by  him  or  on  his  behalf,  any  money  or 
other  property  in  satisfaction  of  the  liability  of  such  other  person, 
such  beneficiary  shall,  after  deducting  the  costs  of  suit  and  a  reason- 
able attorney's  fee,  apply  the  money  or  other  property  so  received  in 
the  following  manner.    Sec.  ^7,  id. 

66rr.  Same — //  compensation  has  been' paid  in  lohole  or  in  part 
by  United  States. — If  his  compensation  has  been  paid  in  whole  or  in 
part,  he  shall  refund  to  the  United  States  the  amount  of  compensa- 
tion which  has  been  paid  by  the  United  States  and  credit  any  surplus 
upon  future  payments  of  compensation  payable  to  him  on  account  of 
the  same  injury.  Any  amount  so  refunded  to  the  United  States  shall 
be  placed  to  the  credit  of  the  employees'  compensation  fund.  Id.^ 
clause  A,  74S. 

66ss.  Same — //  no  compensation  has  been  paid  by  United  States. — 
If  no  compensation  has  been  paid  to  him  by  the  United  States,  he 
shall  credit  the  money  or  other  property  so  received  upon  any  com- 
pensation payable  to  him  by  the  United  States  on  account  of  the 
same  injury.    Id.^  clause  B, 

66tt.  United  States  Employees'^  Compensation  Commission^  com- 
position^ terw,^  and  salary  of. — A  commission  is  hereby  created,  to  be 
known  as  the  United  States  Employees'  Compensation  Commission, 
and  to  be  composed  of  three  commissioners  appointed  by  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate,  one  of  whom 
shall  be  designated  by  the  President  as  chairman.  No  commissioner 
shall  hold  any  other  office  or  position  under  the  United  States.  No 
more  than  two  of  said  commission  shall  be  members  of  the  same 
political  party.    One  of  said  commissioners  shall  be  appointed  for  a 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  27 

term  of  two  years,  one  for  a  term  of  four  years,  and  one  for  a  term  of 
six  years,  and  at  the  expiration  of  each  of  said  terms  the  commis- 
sioner then  appointed  shall  be  appointed  for  a  period  of  six  years. 
Each  commissioner  shall  receive  a  salary  of  $4,000  a  year.  The  prin- 
cipal office  of  said  commission  shall  be  in  Washington,  District  of 
Columbia,  but  the  said  commission  is  authorized  to  perform  its  work 
at  any  place  deemed  necessary  by  said  commission,  subject  to  the 
restrictions  and  limitations  of  this  Act.    Sec.  28,  id. 

66uii.  Same — Pending  claims  transfen^ed  to  the  commission,  to- 
gether ivith  certain  clerks. — Upon  the  organization  of  said  commis- 
sion and  notification  to  the  heads  of  all  executive  departments  that 
the  commission  is  ready  to  take  up  the  work  devolved  upon  it  by  this 
Act,  all  commissions  and  independent  bureaus,  by  or  in  which  pay- 
ments for  compensation  are  now  provided,  together  with  the  adjust- 
ment and  settlement  of  such  claims,  shall  cease  and  determine,  and 
such  executive  departments,  commissions,  and  independent  bureaus 
shall  transfer  all  pending  claims  to  said  commission  to  be  adminis- 
tered by  it.  The  said  commission  may  obtain  in  all  cases,  in  addition 
to  the  reports  provided  in  section  twenty-four,  such  information  and 
such  reports  from  employees  of  the  departments  as  may  be  agreed 
upon  by  the  commission  and  the  heads  of  the  respective  departments. 
All  clerks  and  employees  now  exclusively  engaged  in  carrying  on  said 
Work  in  the  various  executive  departments,  commissions,  and  inde- 
pendent bureaus  shall  be  transferred  to  and  become  employees  of 
the  commission  at  their  present  grades  and  salaries.    Sec.  28a,  id. 

66vv.  Commission  authorized  to  issue  process,  administer  oathSj 
etc. — The  commission,  or  any  commission-er  by  authority  of  the  com- 
mission, shall  have  power  to  issue  subpoenas  for  and  compel  the 
attendance  of  witnesses  within  a  radius  of  one  hundred  miles,  to 
require  the  production  of  books,  papers,  documents,  and  other  evi- 
dence, to  administer  oaths,  and  to  examine  witnesses  upon  any  matter 
within  the  jurisdiction  of  the  commission.    Sec.  29,  id. 

66ww.  Same — Assistants,  clerks,  and  other  employees. — The  com- 
mission shall  have  such  assistants,  clerks,  and  other  employees  as 
may  be  from  time  to  time  provided  by  Congress.  They  shall  be 
appointed  from  lists  of  eligibles  to  be  supplied  by  the  Civil  Service 
Commission,  and  in  accordance  with  the  civil-service  law.    Sec.  SO,  id. 

66xx.  Commission  to  submit  annual  estimates. — The  commission 
shall  submit  annually  to  the  Secretary  of  the  Treasury  estimates  of 
the  appropriations  necessary  for  the  work  of  the  commission.  Sec. 
81,  id.  749. 

66yy.  Same — To  make  rules  and  regulations  for  enforcement  of, 
and  to  decide  questions  arising  under  Act. — The  commission  is  au- 
thorized to  make  necessary  rules  and  regulations  for  the  enforcement 


28  MILITARY   LAWS   OF    THE   UKITED   STATES,   1915. 

of  this  Act,  and  shall  decide  all  questions  arising  under  this  Act. 
&ec.  32,  id. 

66zz.  jScifne — Annual  report  to  Congress. — The  commission  shall 
make  to  Congress  at  the  beginning  of  each  regular  session  a  report 
of  its  work  for  the  preceding  fiscal  year,  including  a  detailed  state- 
ment of  appropriations  and  expenditures,  a  detailed  statement  show- 
ing receipts  of  and  expenditures  from  the  employees'  compensation 
fund,  and  its  recommendations  for  legislation.     Sec.  33,  id. 

66aaa.  Appropriation  for  expenses  of  commission,  fiscal  year 
1917. — For  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred 
and  seventeen,  there  is  hereby  authorized  to  be  appropriated,  from 
any  money  in  the  Treasury  not  otherwise  appropriated,  the  sum  of 
$50,000  for  the  work  of  the  commission,  including  salaries  of  the 
commissioners  and  of  such  assistants,  clerks,  and  other  employees  as 
the  commission  may  deem  necessary,  and  for  traveling  expenses, 
expenses  of  medical  examinations  under  sections  twenty-one  and 
twenty-two,  reasonable  traveling  and  other  expenses  and  loss  of 
wages  payable  to  employees  under  section  twenty -one,  rent  and 
equipment  of  offices,  purchase  of  books,  stationer}^,  and  other  sup-* 
plies,  printing  and  binding  to  be  done  at  the  Government  Printing 
Office,  and  other  necessary  expenses.     Sec.  34,  id. 

66bbb.  Permanent  appropriation  for  employees'^  compensation 
fund. — There  is  hereby  authorized  to  be  appropriated,  from  any 
money  in  the  Treasury  not  otherwise  appropriated,  the  sum  ol 
$500,000,  to  be  set  aside  as  a  separate  fand  in  the  Treasury,  to  be 
known  as  the  employees'  compensation  fund.  To  this  fund  there 
shall  be  added  such  sums  as  Congress  may  from  time  to  time  appro- 
priate for  the  purpose.  Such  fund,  including  all  additions  that  may 
be  made  to  it,  is  hereby  authorized  to  be  permanently  appropriated 
for  the  payment  of  the  compensation  provided  by  this  Act,  including 
the  medical,  surgical,  and  hospital  services  and  supplies  provided  by 
section  nine,  and  the  transportation  and  burial  expenses  provided 
by  sections  nine  and  eleven.  The  commission  shall  submit  annually 
to  the  Secretary  of  the  Treasury  estimates  of  the  appropriations  nec- 
essary for  the  maintenance  of  the  fund.    Sec.  35,  id. 

66ccc.  Commission  to  make  finding  of  facts  and  award  on  claim 
presented. — The  commission,  upon  consideration  of  the  claim  pre- 
sented by  the  beneficiary,  and  the  report  furnished  by  the  immediate 
superior  and  the  completion  of  such  investigation  as  it  may  deem 
necessary,  shall  determine  and  make  a  finding  of  facts  thereon  and 
make  an  award  for  or  against  payment  of  the  compensation  provided 
for  in  this  Act.  Compensation  when  awarded  shall  be  paid  from  the 
employees'  compensation  fund.    Sec.  36,  id. 

66ddd.  Same — Review  of  award  on  application  or  on  its  oivn  mo- 
tion.— If  the  original  claim  for  compensation  has  been  made  within 


MILITARY  LAWS  OF   THE  UNITED  STATES^  1915.  29 

the  time  specified  in  section  twenty,  the  commission  may,  at  any  time, 
on  its  own  motion  or  on  application,  review  the  award,  and,  in  ac- 
cordance with  the  facts  found  on  such  review,  may  end,  diminish,  or 
ncrease  the  compensation  previously  awarded,  or,  if  compensation 
has  been  refused  or  discontinued,  award  compensation.    Sec,  37^  id, 

66eee.  Same — Cancellation  and  recovery  of  award  paid  under  mis- 
take of  law  or  fact. — If  any  compensation  is  paid  under  a  mistake  of 
law  or  of  fact,  the  commission  shall  immediately  cancel  any  award 
under  which  such  compensation  has  been  paid  and  shall  recover,  as 
far  as  practicable,  any  amount  which  has  been  so  paid.  Any  amount 
so  recovered  shall  be  placed  to  the  credit  of  the  employees'  compen- 
sation fund.     Sec.  88,  id. 

66fff.  Penalty  for  false  affidavit  or  statement  in  support  of  claim. — 
Whoever  makes,  in  any  affidavit  required  under  section  four  or  in 
any  claim  for  compensation,  any  statement,  knowing  it  to  be  false, 
shall  be  guilty  of  perjury  and  shall  be  punished  by  a  fine  of  not  more 
than  $2,000,  or  by  imprisonment  for  not  more  than  one  year,  or  by 
both  such  fine  and  imprisonment.     Sec.  39,  id. 

^^ZZZ'  Definition  of  terms  used  in  Act. — ^Wherever  used  in  this 
Act— 

The  singular  includes  the  plural  and  the  masculine  includes  the 
feminine. 

The  term  "  employees  "  includes  all  civil  employees  of  the  United 
States  and  of  the  Panama  Eailroad  Company. 

The  term  "  commission  "  shall  be  taken  to  refer  to  the  United  States 
Employees'  Compensation  Commission  provided  for  in  section 
twenty-eight. 

The  term  "physician"  includes  surgeons. 

The  term  "  monthly  pay  "  shall  be  taken  to  refer  to  the  monthly 
pay  at  the  time  of  the  injury.     Sec.  Jfi,  id.  750. 

66hhh.  Repealing  clause. — All  acts  or  parts  of  acts  inconsistent 
with  this  Act  are  hereby  repealed.    Sec.  1^.1,  id. 

66111.  Compensation  for  injuries  occurring  prior  to  passage  of  Act 
to  he  paid  uTuler  old  law. — For  injuries  occurring  prior  to  the  pas- 
sage of  this  Act  compensation  shall  be  paid  under  the  law  in  force 
at  the  time  of  the  passage  of  this  Act.     Id. 

66jjj.  Compensation,  method  of  paying,  wJiere  lidbiZity  exists  in 
Panama  RaUroad  Gornpany  for  the  injury. — If  an  injury  or  death 
for  which  compensation  is  payable  under  this  Act  is  caused  under 
circumstances  creating  a  legal  liability  in  the  Panama  Railroad  Com- 
pany to  pay  damages  therefor  under  the  laws  of  any  State,  Ter- 
ritory, or  possession  of  the  United  States  or  of  the  District  of  Co- 
lumbia or  any  foreign  country,  no  compensation  shall  be  pay- 
able until  the  person  entitled  to  compensation  releases  to  the  Panama 
Eailroad  Company  any  right  of  action  which  he  may  have  to  enforce 


30  MILITARY  LAWS  OF   THE  UmXED  STATES,  1915. 

such  liability  of  the  Panama  Railroad  Company,  or  until  he  assigns 
to  the  United  States  any  right  which  he  may  have  to  share  in  any 
money  or  other  property  received  in  satisfaction  of  such  liability  of 
the  Panama  Railroad  Company.     Id, 

68kkk.  Transfer  of  administration  of  Act  as  to  employees  of 
Panama  Canal  and  Alaska  Engineering  C oTnniission. — The  Presi- 
dent may,  from  time  to  time,  transfer  the  administration  of  this  Act 
so  far  as  employees  of  the  Panama  Canal  and  of  the  Panama  Rail- 
road Company  are  concerned  to  the  governor  of  the  Panama  Canal, 
and  so  far  as  employees  of  the  Alaskan  Engineering  Commission  are 
concerned  to  the  chairman  of  that  commission,  in  which  cases  the 
words  "  commission  "  and  "  its  "  wherever  they  appear  in  this  Act 
shall,  so  far  as  necessary  to  give  effect  to  such  transfer,  be  read 
"  governor  of  the  Panama  Canal "  or  "  chairman  of  the  Alaskan 
Engineering  Commission,"  as  the  case  may  be,  and  "his";  and  the 
expenses  of  medical  examinations  under  sections  twenty-one  and 
twenty-two,  and  the  reasonable  traveling  and  other  expenses  and  loss 
of  wages  payable  to  employees  under  section  twenty-one,  shall  be  paid 
out  of  appropriations  for  the  Panama  Canal  or  for  the  Alaskan 
Engineering  Comnlission  or  out  of  funds  of  the  Panama  Railroad, 
as  the  case  may  be,  instead  of  out  of  the  appropriation  for  the  work 
of  the  commission.     Sec.  42^  id. 

66111.  Waiver  of  notice  of  claims  as  to  employees  of  Panavm  Canal 
and  Panama  Railroad  Confipany;  modification  of  Tninimiim  limit  as 
to  aliens^  etc. — In  the  case  of  compensation  to  employees  of  the 
Panama  Canal  or  of  the  Panama  Railroad  Company  for  temporary 
disability,  either  total  or  partial,  the  President  may  authorize  the 
governor  of  the  Panama  Canal  to  waive,  at  his  discretion,  the  mak- 
ing of  the  claim  required  by  section  eighteen.  In  the  case  of  alien 
employees  of  the  Panama  Canal  or  of  the  Panama  Railroad  Com- 
pany, or  of  any  class  or  classes  of  them,  the  President  may  remove  or 
modify  the  minimum  limit  established  by  section  six  on  the  monthly 
compensation  for  disability  and  the  minimum  limit  established  by 
clause  (K)  of  section  ten  oi  the  monthly  pay  on  which  death  com- 
pensation is  to  be  computed.  The  President  may  authorize  the  gov- 
ernor of  the  Panama  Canal  and  the  chairman  of  the  Alaskan  Engi- 
neering Commission  to  pay  the  compensation  provided  by  this  Act, 
including  the  medical,  surgical,  and  hospital  services  and  supplies 
provided  by  section  nine  and  the  transportation  and  burial  ex- 
penses provided  by  sections  nine  and  eleven,  out  of  the  appropria- 
tions for  the  Panama  Canal  and  for  the  Alaskan  Engineering  Com- 
mission, such  appropriations  to  be  reimbursed  for  such  payments  by 
the  transfer  of  funds  from  the  employees'  compensation  fund.     Id. 

75a.  Authorized  to  exchange  typewriters^  adding  machines^  and 
other  labor  saving  devices. — The  executive  departments  and  other 


ItflLITARY  LAWS  OF  THE  UNITED  STATES,  1915.  31 

Government  establishments  and  all  branches  of  the  public  service 
may  hereafter  exchange  typewriters,  adding  machines,  and  other 
similar  labor  saving  devices  in  part  payment  for  new  machines  used 
for  the  same  purpose  as  those  proposed  to  be  exchanged.  There 
shall  be  submitted  to  Congress,  on  the  first  day  of  the  session  follow- 
ing the  close  of  each  fiscal  year,  a  report  showing,  as  to  each  ex- 
change hereunder,  the  make  of  the  article,  the  period  of  its  use,  the 
allowance  therefor,  and  the  article,  make  thereof,  and  price,  includ- 
ing exchange  value,  paid  or  to  be  paid  for  each  article  procured 
through  such  exchange.^    Sec.  5,  act  of  Mar.  ^,  191S  {38  Stat.  1161), 

77a.  Subscriptions  for  periodicals  for  executive  departments. — 
Hereafter  subscriptions  to  periodicals,  which  have  been  certified  in 
writing  by  the  respective  heads  of  the  executive  departments  or  other 
Government  establishments  to  be  required  for  official  use,  may  be 
paid  in  advance  from  appropriations  available  therefor.^  Sec,  5,  ax^ 
of  Mar.  4,  1915   {38  Stat.  lOJfB). 

81a.  Business  methods — Restriction  on  payments  to  experts  to  in- 
augurate new,  etc. — No  part  of  any  money  appropriated  in  this  or 
any  other  Act  shall  be  used  for  compensation  or  payment  of  expenses 
of  accountants  or  other  experts  in  inaugurating  new  or  changing  old 
methods  of  transacting  the  business  of  the  U"ftited  States  or  the 
District  of  Columbia  unless  authority  for  the  employment  of  such 
services  or  payment  of  such  expenses  is  stated  in  specific  terms  in 
the  Act  making  provision  therefor  and  the  rate  of  compensation  for 
such  services  or  expenses  is  specifically  fixed  therein,  or  be  used  for 
compensation  of  or  expenses  for  persons,  aiding  or  assisting  such 
accountants  or  other  experts,  unless  the  rate  of  compensation  of  or 
expenses  for  such  assistants  is  fixed  by  officers  or  employees  of  the 
United  States  or  District  of  Columbia  having  authority  to  do  so, 
and  such  rates  of  compensation  or  expenses  so  fixed  shall  be  paid 
only  to  the  person  so  employed.  Sec.  J,  act  of  Apr.  6, 1914  {38  Stat. 
335). 

82a.  Purchases  of  passenger-carrying  vehicles  restricted  to  specifiG 
authorization. — No  appropriation  made  in  this  or  any  other  Act  shall 
be  available  for  the  purchase  of  any  motor-propelled  or  horse-drawn 
passenger-carrying  vehicle  for  the  service  of  any  of  the  executive 
departments  or  other  Government  establishments,  or  any  branch  of 
the  Government  service,  unless  specific  authority  is  given  therefor, 

^The  general  statutory  provisions  authorizing  the  exchange  of  typewriters, 
adding  machines,  and  other  similar  labor-saving  devices  (sec.  5  of  the  general 
deficiency  appropriation  act,  approved  Mar.  4,  1915,  38  Stat.,  1161)  aud  the 
advance  payment  of  subscriptions  to  periodicals  (sec.  5,  legislative,  executive, 
and  judicial  appropriation  act,  approved  Mar  4,  1915,  38  Stat.,  1049),  held 
applicable  to  nil  branches  of  the  public  ser\ice  for  which  appropriations  are 
made  by  Congress,  no  specific  statutory  authority  for  the  purpose  in  connection 
^vith  the  appropriations  being  deemed  necessary.  (War  Dept.  Bui.  18,  Apr.  6, 
1917.) 


32  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

and  after  the  close  of  the  fiscal  year  nineteen  hundred  and  fifteen 
there  shall  not  be  expended  out  of  any  appropriation  made  by  Con- 
gress any  sum  for  purchase,  maintenance,  repair,  or  operation  of 
motor-propelled  or  horse-drawn  passenger-carrying  vehicles  for  any 
branch  of  the  public  service  of  the  United  States  unless  the  same  is 
specifically  authorized  by  law,  and  in  the  estimates  for  the  fiscal  year 
nineteen  hundred  and  sixteen  and  subsequent  fiscal  years  there  shall 
be  submitted  in  detail  estimates  for  such  necessary  appropriations 
as  are  intended  to  be  used  for  purchase,  maintenance,  repair,  or 
operation  of  all  motor-propelled  or  horse-drawn  passenger-carrying 
vehicles,  specifying  the  sums  required,  the  public  purposes  for  which 
said  vehicles  are  intended,  and  the  officials  or  employees  by  whom 
the  same  are  to  be  used.^    Sec.  <5,  act  of  July  16, 1914  {^^  Stat.  60S) . 

87a.  Estimates  of  appropriations,  official  to  he  designated  to  super- 
vise and  prepare  for  each  department,  etc. — Hereafter  the  head 
of  each  executive  department  and  other  Government  establishment 
shall,  on  or  before  July  first  in  every  fiscal  year,  designate  from 
among  the  officials  employed  therein  one  person  whose  duty  it  shall 
be  to  supervise  the  classification  and  compilation  of  all  estimates 
of  appropriations,  including  supplemental  and  deficiency  estimates 
to  be  submitted  by -such  department  or  establishment.  In  the  per- 
formance of  their  duties  persons  so  designated  shall  have  due  regard 
for  the  requirements  of  all  laws  respecting  the  preparation  of  esti- 
mates, including  the  manner  and  time  of  their  submission  through 
the  Treasuiy  Department  to  Congress;  they  shall  also,  as  nearly  as 
may  be  practicable,  eliminate  from  all  such  estimates  unnecessary 
words  and  make  uniform  the  language  commonly  used  in  expressing 
purposes  or  conditions  of  appropriations.  Sec.  S,  act  of  June  23, 
1913  {38  Stat.  75). 

91a.  Special  or  additional  estimates,  transmission  of,  to  Congress. — 
The  Secretary  of  the  Treasury  shall  not  hereafter  transmit  special 
or  additional  estimates  of  appropriations  to  Congress  unless  they 
shall  conform  to  the  requirements  of  section  four  of  the  Act  ap- 
proved June  twenty-second,  nineteen  hundred  and  six  (Thirty- 
fourth  Statutes,  page  four  hundred  and  forty-eight).  Sec.  4,  act  of 
Sept.  8, 1916  {39  Stat.  830). 

96a.  Estimates  for  lump-suin  appropriations,  statements  required 
in  annual  Booh  of  Estimates, — There  shall  be  submitted  hereafter,  in 
the  annual  Book  of  Estimates  following  every  estimate  for  a  general 
or  lump-sum  appropriation,  except  public  buildings  or  other  public 
works  constructed  under  contract,  a  statement  showing  in  parallel 
columns : 

^  Held,  that  ordinary  motorcycles  are  passenger-carrying  vehicles  within  the 
prohibition  of  the  act  (Comp.  Treas.,  Sept.  8,  19ia  War  Dept.  Bull.  39, 
Oct.  6,  1916.) 


MILITARY   LAWS  OF   THE   "UNITED  .  STATES,  1915.  33 

First,  the  number  of  persons,  if  any,  intended  to  be  employed  and 
the  rates  of  compensation  to  each,  and  the  amounts  contemplated  to 
be  expended  for  each  of  any  other  objects  or  classes  of  expenditures 
specified  or  contemplated  in  the  estimate,  including  a  statement,  of 
estimated  unit  cost  of  any  construction  work  proposed  to  be  done ;  and 

Second,  the  number  of  persons,  if  any,  employed  and  the  rate  of 
compensation  paid  each,  and  the  amounts  expended  for  each  other 
object  or  class  of  expenditure,  and  the  actual  unit  cost  of  any  con- 
struction work  done,  out  of  the  appropriation  corresponding  to  the 
estimate  so  submitted,  during  the  completed  fiscal  year  next  pre- 
ceding the  period  for  which  the  estimate  is  submitted. 

Other  notes  shall  not  be  submitted  follow^ing  any  estimate  em- 
braced in  the  annual  Book  of  Estimates  other  than  such  as  shall 
suggest  changes  in  form  or  order  of  arrangement  of  estimates  and 
appropriations  and  reasons  for  such  changes.  Eec  10^  act  of  Aug.  i, 
Wll^  {38  Stat.  680),  amending  sec.  6,  act  of  Aug.  ^4,  1912  (37  Stat. 
487). 

96b.  Same — To  he  suhndtted  according  to  uniform  and  concise 
methods. — The  information  required  in  connection  with  estimates 
for  general  or  lump-sum  api^ropriations  by  section  ten  of  the  sundry 
civil  appropriation  Act,  approved  August  first,  nineteen  hundred 
and  fourteen,  shall  be  submitted  hereafter  according  to  uniform  and 
concise  methods  which  shall  be  prescribed  by  the  Secretary  of  the 
Treasury,  but  with  reference  to  estimates  for  pay  of  mechanics  and 
laborers  there  shall  be  submitted  in  detail  only  the  ratings  and  trades 
and  the  rates  per  diem  paid  or  to  be  paid.  Sec.  4,  act  of  July  1, 
1916  {39  Stat.  336). 

96c.  Subsistence  allowance  outside  of  District  of  Columbia  limited; 
estimates  for. — The  heads  of  executive  departments  and  other  Gov- 
ernment establishments  are  authorized  to  prescribed  per  diem  rates 
of  allowance  not  exceeding  $4  in  lieu  of  subsistence  to  persons  en- 
gaged in  field  work  or  traveling  on  official  business  outside  of  the 
District  of  Columbia  and  away  from  their  designated  posts  of  duty 
wdien  not  otherwise  fixed  by  law.  For  the  fiscal  year  nineteen  hun- 
dred and  sixteen  and  annually  thereafter  estimates  of  appropriations 
from  which  per  diem  allowances  are  to  be  paid  shall  specifically 
state  the  rates  of  such  allowances.  Sec.  13^  act  of  Aug  1,  191^  {38 
Stat.  680). 

96d.  Same — Restricted  to  actual  absence,  etc. — On  and  after  July 
first,  nineteen  hundred  and  fourteen,  unless  otherwise  expressly  pro- 
vided by  law,  no  officer  or  employee  of  the  United  States  shall  be 
allowed  or  paid  any  sum  in  excess  of  expenses  actually  incurred  for 
subsistence  while  traveling  on  duty  outside  of  the  District  of  Colum- 
bia and  away  from  his  designated  post  of  duty,  nor  any  sum  for 

54208°— 18 ^3 


34  MILITARY  Laws  of  the  united  states,  1915. 

such  expenses  actually  incurred  in  excess  of  $5  per  day;  nor  shall 
any  allowance  or  reimbursement  for  subsistence  be  paid  to  any  officer 
or  employee  in  any  branch  of  the  public  service  of  the  United  States 
in  the  District  of  Columbia  unless  absent  from  his  designated  post 
of  duty  outside  of  the  District  of  Columbia,  and  then  only  for  the 
period  of  time  actually  engaged  in  the  discharge  of  official  duties. 
Act  of  Ajrr,  6, 191  Ii.  {38  Stat.  318). 

98a.  Refort  to  Congress  plans  for  improvement  of  harbors,  etc., 
to  facilitate  operation  of  fleets  for  their  defense. — The  Secretary  of 
War  and  the  Secretary  of  the  Navy  are  authorized  and  directed  to 
report  to  Congress  at  the  earliest  practicable  date : 

First.  Specific  plans  for  improvement  of  the  harbors  and  canals 
and  connecting  channels  which,  in  their  judgment,  will  best  provide 
adequate  facilities  for  operations  of  the  fleet  for  defense  of  the  har- 
bors on  the  Atlantic,  Gulf,  and  Pacific  coasts  of  the  United  States. 

Second.  The  feasible  extensions  requisite  to  make  existing  ap- 
proved projects  for  improvement  of  the  aforementioned  harbors, 
canals,  and  channels  available  for  the  purposes  stated  in  the  foregoing 
paragraph. 

Third.  The  cost  of  each  such  several  improvements  calculated  upon 
the  basis  of  completion  thereof  under  contract  within  five  years.  Act 
of  Aug.  29, 1916  (39  Stat.  618). 

99a.  ReTited  buildings,  District  of  Columhia,  statement  to  include 
details  of  floor  space,  etc. — Hereafter  the  statement  of  buildings 
rented  within  the  District  of  Columbia  for  use  of  the  Government, 
required  by  the  act  of  July  sixteenth,  eighteen  hundred  and  ninety- 
two  (Statutes  at  Large,  volume  twenty-seven,  page  one  hundred  and 
ninety-nine),^  shall  indicate  as  to  each  building  rented  the  area 
thereof  in  square  feet  of  available  floor  space  for  Government  uses, 
the  rate  paid  per  square  foot  for  such  floor  space,  the  assessed  valua- 
tion of  each  building,  and  what  proportion,  if  any,  of  the  rental  paid 
includes  heat,  light,  elevator,  or  other  service.  Sec.  3,  act  of  May  1^ 
1913  {38  Stat.  3.) 

99b.  Exec\itive  departments  authorized  to  lease  stora,ge  accornmo- 
dations. — The  heads  of  the  several  executive  departments  are  author- 
ized to  enter  into  contracts  for  the  lease,  for  periods  of  not  exceeding 
six  years,  of  modern  fireproof  storage  accommodations  within  the 
District  of  Columbia  for  their  respective  departments,  at  rates  per 
square  foot  of  available  floor  space  not  exceeding  25  cents,  payable 
from  appropriations  that  Congress  may  from  time  to  time  make  for 

*The  act  reft^rred  to,  act  of  July  16, 1892  (27  Stat  199),  provides  thnt  "  Here- 
after it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  cause  to  l)e  pre- 
pared and  submitted  to  Congress  each  year,  in  the  annual  Kook  of  Estimates 
of  Appropriations,  a  statement  of  the  buil<linj;s  rented  witliin  tlie  District  of 
Columbia  for  the  use  of  the  Government,  tlie  purposes  for  which  rented,  and 
the  annual  rental  of  each." 


MILITARY  LAWS  OP   THE  UNITED  STATES,  1915.  35 

rent  of  buildings  for  their  respective  departments.    Act  of  Mar.  ^, 

1913  {S7  Stat.  718), 

100a.  Statement  of  proceeds  of  sales,  etc.,  to  he  separate  from  Book 

of  Estimates. — Hereafter  the  statement  of  the  proceeds  of  all  sales 

of  old  material,  condemned  stores,  supplies,  or  other  public  property 

of  any  kind  shall  be  submitted  to  Congress  at  the  beginning  of  each 

regular  session  thereof  as  a  separate  communication  and  shall  not 

hereafter  be  included  in  the  annual  Book  of  Estimates.     Sec.  6,  Act 

of  June  9.5, 1910  {36  Stat.  773). 

(See  seotion  3672,  Revised  Statutes,  as  amended  by  act  of  February  27,  1877 
(19  Stat  249),  or  paragraph  100,  ante.) 

104a.  Annual  reports  of  American  National  Red  Cross. — The  said 
American  National  Red  Cross  shall,  on  the  first  day  of  January  of 
each  year,  make  and  transmit  to  the  Secretary  of  War  a  report  of 
its  proceedings  for  the  preceding  year,  including  a  full,  complete, 
and  itemized  report  of  receipts  and  expenditures  of  whatever  kind, 
which  report  shall  be  duly  audited  by  the  War  Department,  and  a 
copy  of  said  report  shall  be  transmitted  to  Congress  by  the  War  De- 
partment.    Sec.  6,  act  of  Jan.  5, 1905  {33  Stat.  602). 

104b.  Same — Period  covered  hy  change  from  calendar  to  fiscal 
year. — The  said  American  National  Eed  Cross  shall  as  soon  as  prac- 
ticable after  the  first  day  of  July  of  each  year  make  and  transmit  to 
the  Secretary  of  War  a  report  of  its  proceedings  for  the  fiscal  year 
ending  June  thirtieth  next  preceding,  including  a  full,  complete,  and 
itemized  report  of  receipts  and  expenditures  of  whatever  kind,  which 
report  shall  be  duly  audited  by  the  War  Department,  and  a  copy  of 
said  report  shall  be  transmitted  to  Congress  by  the  War  Department. 
Act  of  Feh.  27,  1917  {39  Stat.  9^6),  amending  sec.  6,  Act  of  Jan.  5, 
1905  {33  Stat.  602). 

106a,  Annual  reports,  date  for  furnishing  to  printer,  etc. — Appro- 
priations herein  and  hereafter  made  for  printing  and  binding  shall 
not  be  used  for  any  annual  report  or  the  accompanying  documents 
unless  the  copy  therefor  is  furnished  to  the  Public  Printer  in  the 
following  manner:  Copies  of  the  documents  accompanying  such 
annual  reports  on  or  before  the  fifteenth  day  of  October  of  each 
year ;  copies  of  the  annual  reports  on  or  before  the  fifteenth  day  of 
November  of  each  year;  complete  revised  proofs  of  the  accompany- 
ing documents  and  the  annual  reports  on  the  tenth  and  twentieth 
days  of  November  of  each  year,  respectively;  and  all  of  said  annual 
reports  and  accompanying  documents  shall  be  printed,  made  public, 
and  available  for  distribution  not  later  than  within  the  first  five  days 
after  the  assembling  of  each  regular  session  of  Congress.  The  provi- 
sions of  this  section  shall  not  ay^ply  to  the  annual  reports  of  the 
Smithsonian  Institution,  the  Commissioner  of  Patents,  or  the  Comp- 
troller of  the  Currency.    Sec.  S,  act  of  July  1,  1916  {39  Stat.  336). 


36  MILITAliY   LAWS   OF   THE   UNITED   STATES^  1915. 

109a.  Designation  of  custodian  of  property  in  White  House; 
hond. — Hereafter  the  steward,  housekeeper,  or  such  other  employee 
of  the  Executive  Mansion  as  the  President  may  designate,  shall,  un- 
der the  direction  of  the  President,  have  the  charge  and  custody  of 
and  be  responsible  for  the  plate,  furniture,  and  public  property 
therein,  and  shall,  before  entering  upon  the  duties  of  the  office,  give 
bond  for  the  faithful  discharge  thereof,  said  bond  to  be  in  the  sum 
of  ten  thousand  dollars,  and  be  approved  by  the  Secretarj^  of  War. 
Sec.  9,  Act  of  June  25, 1910  {36  Stat.  773) . 

109b.  Same — Annual  inventory  of  required;  approval  and  filing 
of.)  etc. — Hereafter  a  complete  inve.ntory,  in  proper  books,  shall  be 
made  annually  in  the  month  of  eJune,  under  the  direction  of  the 
officer  in  charge  of  public  buildings  and  grounds,  of  all  the  public 
property  in  and  belonging  to  the  Executive  Mansion,  showing  when 
purchased,  its  cost,  condition,  and  final  disposition.  This  inventory 
shall  be  submitted  to  the  President  for  his  approval,  and  shall  then 
be  kept  for  reference  in  the  Office  of  Public  Buildings  and  Grounds, 
which  shall  furnish  a  copy  thereof  to  the  steward,  housekeeper,  or 
other  employee  responsible  for  the  property.     Id..,  77 Jf, 

(See  sections  1832-1834,  Revised  Statutes.) 

112a.  Printing  and  binding  for  Executive  Departrnents,  etc. — All 
printing,  binding,^  and  blank  books  for  the  Senate  or  House  of  Eep- 
resentatives  and  for  the  Executive  and  Judicial  Departments  shall 
be  done  at  the  Government  Printing  Office,  except  in  cases  otherwise 
provided  by  law.    Sec.  87,  Act.  of  Jan.  12, 1895  {28  Stat.  622). 

112b.  Printing  and  hinding  for  Army  and  National  Guard  may  he 
procured  hy  contra/^t  or  in  open  marhet  during  hostilities. — Section 
eighty-seven  of  the  printing  and  binding  Act,  approved  January 
twelfth,  eighteen  hundred  and  ninety-five  (volume  twenty-eight,  Re- 
vised Statutes,^  page  six  hundred  and  twenty-two),  and  section  two 
of  the  act  approved  June  thirtieth,  nineteen  hundred  and  six 
(volume  thirty-four.  Revised  Statutes,  page  seven  hundred  and 
sixty-two),  are  hereby  amended  as  follows: 

"  That  in  time  of  actual  hostilities  the  Secretary  of  War  may  pro- 
cure from  commercial  or  other  printing  establishments,  by  contract 
or  open  market  purchase,  such  printing  and  binding  as  may  be  re- 
quired for  the  use  of  the  Army  and  also  for  the  National  Guard  of 
the  several  States  and  Territories  and  of  the  District  of  Columbia  or 
other  military  forces  while  in  the  military  service  of  the  United 
States  or  about  to  be  called  into  said  service,  payment  for  such  print- 

*  See  section  86  of  the  same  act  for  style  of  bindings  autliorized. 

*  Twenty-eightli  Statutes  at  Large. 


MILITARY   LAWS    OF    THE   UNITED   STATES,   11)15.  37 

ing  and  binding  to  be  made  from  available  appropriations."^    Act 
of  May  12, 19J7  (40  Stat.  7 4),  amending  sec.  87,  act  of  Jan.  12,  1895 


^tat. 

(For  section  87  of  the  printing?  and  binding  act,  see  the  preceding  paragraph; 
and  for  section  2,  act  of  June  30,  1906  (34  Stat.  762),  see  paragraph  94,  ante, 

112c.  AfprofTiation  for  printing  and  hinding  ^publications  for  in- 
struction of  land  forces. — In  addition  to  any  other  appropriation 
aA^ailable  for  this  purpose,  there  is  hereby  appropriated  $150,000, 
or  so  much  thereof  as  may  be  necessary,  to  be  immediately  available, 
to  be  expended  in  printing  and  binding  publications  and  manuals 
necessary  for  the  organization  and  instruction  of  the  land  forces  of 
the  United  States  or  such  other  necessary  printing  as  the  Secretary 
of  AVar  may  prescribe.     Act  of  June  12, 1917  [JfO  Stat.  126). 

112d.  Same — Contracts  mmj  he  entered  into  with  private  concerns 
for. — The  printing  and  binding  herein  authorized  may  be  executed 
under  contract  with  private  concerns  if,  in  the  judgment  of  the 
Secretary  of  War,  the  public  interest  requires,  notwithstanding  the 
provisions  of  law  requiring  such  printing  and  binding  to  be  done  in 
the  Government  Printing  Office.     Id. 

114a.  Joint  Committee  on  Printing,  continua'nce  of,  vacancies  in, 
and  powers  of  during  recess. — Hereafter  the  members  of  the  Joint 
Committee  on  Printing  who  are  reelected  to  the  succeeding  Congress 
shall  continue  as  members  of  said  committee  until  their  successors  are 
chosen :  Provided,  That  the  President  of  the  Senate  and  the  Speaker 
of  the  House  of  Representatives  shall,  on  the  last  day  of  a  Con- 
gress, appoint  Members  of  their  respective  Houses  who  have  been 
elected  to  the  succeeding  Congress  to  fill  any  vacancies  Avhich  may 
then  be  about  to  occur  on  said  committee,  and  such  appointees  and 
the  members  of  said  committee  who  shall  have  been  reelected  shall 
continue  until  their  successors  are  chosen.  The  Joint  Committee  on 
Printing  shall,  when  Congress  is  not  in  session,  exercise  all  the 
powers  and  duties  devolving  upon  said  committee  as  provided  by 
law,  the  same  as  wlien  Congress  is  in  session.  Sec.  6,  act  of  Mar.  3, 
1917  {39  Stat.  1121), 

^  Held,  that  the  provision  in  the  Army  appropriation  act  approved  May  12, 
1917,  amending  section  87  of  the  public  printing  act  of  January  12,  1895  (28 
Stat.  022),  and  section  2  of  the  act  of  June  30,  1906  (34  Stat.  762),  operates 
to  remove,  in  time  of  war,  the  restriction  against  the  procurement  of  printing 
from  commercial  concerns  contained  in  the  act  of  1895  and  the  restriction  con- 
tained in  the  act  of  1906  against  the  use  of  any  appropriations  for  printing 
other  "than  those  made  specifically  and  solely  for  printing  and  binding,  so  that 
in  time  of  war  the  War  Department  may  procure  from  commercial  or  other 
printing  establishments  necessary  printing  for  the  military  forces  and  pay 
therefor  from  "  available  appropriations." 

Held  further,  that  the  said  amendment  of  May  12,  1917,  does  not  make  avail- 
able the  War  Department's  allotment  at  the  Government  Printing  Office  for  the 
procurement  of  printing  by  the  department  under  contracts  with  commercial 
printing  establishments.     (War  Dept.  Bui.  34,  June  8,  1917.) 


88  MILITARY  LAWS  OP   THE   UNITED  STATES,  1915. 

122a.  Price  of  gas  for  public  huildings  limited  to  70  cents. — Here- 
after no  part  of  any  money  appropriated  by  this  or  any  other  xict 
shall  be  used  for  the  payment  to  the  Washington  Gas  Light  Com- 
pany or  the  Georgetown  Gas  Light  Company  for  any  gas  furnished 
b}'  said  companies  for  use  in  any  of  the  public  buildings  of  the 
United  States  or  the  District  of  Columbia  at  a  rate  in  excess  of  TO 
cents  per  one  thousand  cubic  feet.  Sec.  6,  Act  of  Sept.  1,  1916  {39 
Stat.  716). 

125a.  Public  library  depositaries  to  receive  publications^  etc.^  new 
designations  authorized. — Libraries  heretofore  designated  by  law  as 
depositaries  to  receive  books  and  other  Government  publications  shall 
hereafter,  during  their  existence,  continue  such  receipt;  and  new 
designations  may  be  made  when  libraries  heretofore  chosen  shall 
cease  to  exist  or  other  designations  shall  hereafter  be  authorized  by 
law.    Sec  5,  act  of  June  23, 1913  {38  Stat.  75). 

131a.  Forging.,  etc.,  certificate  of  discharge. — ^Whoever  shall  forge, 
counterfeit,  or  falsely  alter  any  certificate  of  discharge  from  the  mili- 
tary or  naval  service  of  the  United  States,  or  shall  in  any  manner  aid 
or  assist  in  forging,  counterfeiting,  or  falsely  altering  any  such  cer- 
tificate, or  shall  use,  unlawfully  have  in  his  possession,  exhibit,  or 
cause  to  be  used  or  exhibited,  any  such  forged,  counterfeited,  or 
falsely  altered  certificate,  knowing  the  same  to  be  forged,  counter- 
feited, or  falsely  altered,  shall  be  fined  not  more  than  $1,000  or  im- 
prisoned not  more  than  one  year,  or  both,  in  the  discretion  of  tho 
court.    Act  of  Mar.  ^  1917  {39  Stat.  1182). 


CHAPTER  III. 


THE  DEPARTMENT  OF  WAK 


Par. 

Volunteer  regiments  mustered 
out  outhorized  to  retain 
colors 149a 

Sale  of  Army  transports  Meade 
and  Crook  autliorized 150a 

Same — Secretary  of  War  to  re- 
quest register  as  United  States 
vessels  on  sale  of 150b 

Reapportionment  of  space  in  the 
State,  War,  and  Navy  Depart- 
ment Building 154a 

Same — No  department  or  branch 
of  the  service  to  be  ejected —    154b 


Par. 

Same — Vacated  rooms  not  to  be 
used  for  museum  purposes —     154c 

Temporary  office  building  for 
pse  of  War  and  Navy  Depart- 
ments      154d 

Bureau  of  Insular  Affaii*s,  exist- 
ing law  relating  to  organiza- 
tion of,  not  repealed 155a 

Claims  for  damage  to  and  loss 
of  private  property,  settlement 
of,  by  Auditor  for  War  De- 
partment on  i"ecommendation 
of  Secretary  of  War 162a 


149a.  Volunteer  regiments  mustered  out  authorized  to  retain 
colors. — The  Secretary  of  War  be,  and  he  is  hereby,  authorized  to 
permit  volunteer  regiments,  on  being  mustered  out  of  the  service  of 
the  United  States,  to  retain  all  of  their  regimental  colors.  Said 
colors  shall  be  turned  over  to  the  State  authorities  to  which  said 
regiments  belong,  and  the  regimental  quartermaster  in  making  his 
returns  may,  in  lieu  of  said  coloi*s  and  in  full  release  therefor,  file 
with  the  proper  official  of  the  War  Department  a  receipt  from  the 
quartermaster-general  of  said  State  that  said  colors  have  been  deliv- 
ered to  said  State  authorities.    Act  of  Feb,  26, 1899  {SO  Stat.  890). 

150a.  Sale  of  Army  transports  Meade  and  Crooh  authorized. — 
Authority  is  hereby  gi^anted  the  Secretary  of  War  to  sell  or  other- 
wise dispose  of,  in  accordance  with  law  and  regulations,  the  United 
States  Army  transports  Meade  and  Crook.  Act  of  Aug.  29,  1916 
(S9Stat,6SJt.), 

150b.  Saine — Secretary  of  ^Yar  to  request  register  as  United  States 
vessels  on  sale  of. — On  the  sale  or  other  disposal,  in  accordance  with 
law  and  regulations,  of  the  United  States  Army  transports  Meade 
and  Crook,  the  Secretary  of  Commerce  is  hereby  authorized,  on 
request  of  the  Secretary  of  War,  to  issue  to  either  or  both  of  said 


40  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

vessels  a  register  as  a  vessel  of  the  United  States.  Act  of  May  12^ 
1917  ^0  Stat.  73), 

154a.  Reapportionment  of  space  in  the  State^  War,  and  Navy  De- 
partment Building. — The  commission  in  charge,  or  a  majority  of  the 
members  thereof,  may  at  any  time  reapportion  space  among  the 
departments  now  occupying  the  State,  War,  and  Navy  Department 
Building  if  the  same  can  be  done  with  a  reduction  of  the  amount  of 
floor  space  occupied  by  any  branch  of  the  public  service  in  said 
building,  the  reduction  or  avoidance  of  public  expense  for  rent  of 
office  or  storage  space  for  the  Government,  and  the  reduction  of  the 
number  of  watchmen  required  for  said  building  from  forty  to  not 
more  than  thirty-eight.     Act  of  May  10,  1916  {39  Stat.  9Jf). 

154b.  Same — No  department  or  branch  of  the  service  to  he 
ejected. — No  arrangement  of  space  made  hereunder  shall  involve  the 
ejectment  from  the  building  of  any  department  or  branch  of  the 
public  service  now  occupying  the  same.    Id. 

154c.  Same — Vacated  rooms  not  to  he  used  for  museum  purposes. — 
No  rooms  vacated  under  any  arrangement  of  space  hereunder  shall 
be  used  for  museum  purposes.     Id. 

154d.  Temporary  office  huilding  for  use  of  War  and  Navy  Depart- 
ments.— For  temporary  office  buildings,  including  heating  and  light- 
ing, for  the  use  of  the  War  and  Navy  Departments,  to  contain 
approximately  one  million  and  fifty-five  thousand  square  feet,  to  be 
erected  under  the  direction  of  the  Secretary  of  War  in  Henry  Park, 
reservation  numbered  four.  Sixth  and  B  Streets,  $2,000,000.  Space 
in  said  building  shall  be  allotted  by  the  officer  in  charge  of  Public 
Buildings  and  Grounds  upon  the  joint  order  of  the  Secretary  of 
War  and  the  Secretary  of  the  Navy:  Provided,  That  within  two 
years  after  the  conclusion  of  the  existing  Avar,  the  land  above  referred 
to  shall  again  be  reserved  for  the  erection  of  the  George  Washington 
Memorial  Hall.    Act  of  Oct.  6, 1917  {W  Stat.  368), 

155a.  Bureau  of  Insular  Affairs,  existing  law  relating  to  organiza- 
tion of  not  repealed. — Nothing  in  this  Act  shall  be  construed  to  repeal 
existing  laws  relating  to  the  organization  of  the  Bureau  of  Insular 
Affairs  of  the  War  Department.  Sec,  H,  act  of  June  3,  1916  (39 
Stat.  176), 

( For  provision  of  section  3,  act  of  October  6,  1917,  giving  the  Chief  of  Bureau 
of  Insular  Affairs  the  rank,  pay,  and  allowances  of  a  major  general,  see  para- 
graph 373a,  post.) 

162a.  Claims  for  damage  to  and  loss  of  private  property,  settle- 
ment of  hy  Auditor  for  War  Department  on  recommendation  of  Sec- 
retary of  War, — For  payment  of  claims  for  damages  to  and  loss  of 
private  property  incident  to  the  training,  practice,  and  operations 
of  the  Army  that  have  accrued,  or  may  hereafter  accrue,  from  time 
to  time,  to  be  immediately  available  and  to  remain  available  untU 


MILITARY   LAWS  OF   THE   UNITED   STATES,  1915.  41 

expended:  Provided^  That  settlement  of  such  claims  shall  be  made 
by  the  Auditor  for  the  War  Department,  upon  the  approval  and  rec- 
ommendation of  the  Secretary  of  War,  where  the  amount  of  dam- 
ages has  been  ascertained  by  the  War  Department,  and  payment 
thereof  will  be  accepted  by  the  owners  of  the  property  in  full  satis- 
faction of  such  damages,^  *  *  *.  Act  of  Aug,  29^  1916  {39  Stat, 
639). 

(The  Army  appropriation  act  of  May  12,  1917,  and  the  urgent  deficiencies  act 
of  October  6,  1917  (40  Stat  59,  364),  contain  simihir  provisions.) 

^  Claims  for  loss  of  tools  of  workmen,  which  were  destroyed  by  fire  when  the 
base  hospital  at  Camp  Bowie,  Tex.,  was  burned,  are  not  claims  for  damages  to, 
or  for  loss  of,  private  property  incident  to  the  training,  practice,  or  operation  of 
the  Army  within  the  meaning  of  the  Army  appropriation  act  of  May  12,  1917,  or 
the  urgent  deficiency  appropriation  act  of  October  6,  1917.  (Dig.  Opin.  J.  A.  G., 
January,  1918.) 

A  claim  was  made  for  damages  due  to  the  occupation  of  land  as  a  camp  ground 
by  troops,  the  removal  of  trees  therefrom,  and  the  construction  thereon  of  roads 
and  latrines.  The  property  was  occupied  without  any  formal  lease  and  there 
was  no  agreement  as  to  any  payment  for  its  use  or  for  the  timber  that  might  be 
cut  thereon.  A  board  of  officers  convened  for  the  purpose  of  investigating  the 
said  claim  found  that  the  land  used  was  necessary  for  the  encampment  of  troops, 
that  the  trees  cut  were  removed  by  order  of  the  camp  commander,  and  that  the 
amount  of  the  claim  was  reasonable  and  just.  Held,  that  such  claim  is  payable 
from,  and  pursuant  to  the  provisions  of,  the  appropriation  for  damages  to  and 
loss  of  private  property  incident  to  the  training,  practice,  and  operations  of 
the  Army  contained  in  the  urgent  deficiencies  act  of  October  6,  1917  (40  Stat. 
345,  364).     (Id.,  February,  1918.) 


CHAPTER  IV. 


PKOVISIONS  APPLICABLE  TO  SEVEKAL  CLASSES  OF 

OFFICERS. 


Par.  Par. 

Civil  service  examinations  here-  Same — ^Amended  so  as  not  to 
after  to  be  held  in  State  of  ap-  apply  to  services  heretofore 
plicant 166a         rendered 169b 

Persons  not  to  receive  two  sal- 
aries in  excess  of  $2,000;  ex- 
ceptions      109a 

166a.  Civil  service  examinutions  hereafter  to  he  held  in  State  of 
applicant. — Hereafter  all  examinations  of  applicants  for  positions 
in  the  Government  service,  from  any  State  or  Territory,  shall  be  had 
in  the  State  or  Territory  in  which  such  applicant  resides,  and  no  per- 
son shall  be  eligible  for  such  examination  or  appointment  unless  he 
or  she  shall  have  been  actually  domiciled  in  such  State  or  Territory 
for  at  least  one  year  previous  to  such  examination.  Sec,  7,  act  of 
June  29, 1909  {36  Stat.  3), 

169a.  Persons  not  to  receive  two  salaries  in  excess  of  two  thousand 
dollars;  exceptions. — Unless  otherwise  specially  authorized  by  law  no 
money  appropriated  by  this  or  any  other  Act  shall  be  available  for 
payment  to  any  person  receiving  more  than  one  salary  when  the  com- 
bined amount  of  said  salaries  exceeds  the  sum  of  $2,000  per  annum, 
but  this  shall  not  apply  to  retired  officers  of  the  Army,  Navy,  or 
Marine  Corps  whenever  they  may  be  appointed  or  elected  to  public 
office  or  whenever  the  President  shall  appoint  them  to  office  by 
and  with  the  advice  and  consent  of  the  Senate  or  to  officers  and  en- 
listed men  of  the  Organized  Militia  and  Naval  Militia  in  the  several 
States,  Territories,  and  the  District  of  Columbia.^  Sec.  6^  act  of  May , 
10,  WIG  {39  Stat.  120), 

^  Held,  that  in  the  case  of  a  retired  enlisted  man  of  the  Army  his  pay  as  such 
is  not  salary  within  the  meaning  of  the  above  statute,  also  that  a  pension  is  not 
a  salary  within  its  inhibition.  (Comp.  W.  W.  Warwick,  June  3,  1916;  War 
Dept  Bull.  18,  July  8,  1916.) 

In  the  case  of  a  quartermaster  clerk  who  held  a  commission  in  the  National 
Guard  and  was  mustered  into  the  Federal  service.  Held,  that  upon  his  muster 
Into  the  Federal  service  he  ceased  to  be  a  member  of  the  National  Guard,  within 
the  meaning  of  the  Act  of  May  10, 1916,  and  became  an  officer  of  the  Army,  and 

43* 


44  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

169b.  ^aTKie — Amended  so  as  not  to  apply  to  services  heretofore 
rendered. — Unless  otherwise  specially  authorized  by  law,  no  money 
appropriated  by  this  or  any  other  Act  shall  be  available  for  payment 
to  any  person  receiving  more  than  one  salary  when  the  combined 
amount  of  said  salaries  exceeds  the  sum  of  $2,000  per  annum,  but  this 
shall  not  apply  to  retired  officers  or  enlisted  men  of  the  Army,  Navy, 
Marine  Corps,  or  Coast  Guard,  or  to  officers  and  enlisted  men  of  the 
Organized  Militia  and  Naval  Militia  in  the  several  States,  Terri- 
tories, and  the  District  of  Columbia :  Provided^  That  no  such  retired 
officer,  officer,  or  enlisted  man  shall  be  denied  or  deprived  of  any  of 
his  pay,  salary,  or  compensation  as  such,  or  of  any  other  salary  or 
compensation  for  services  heretofore  rendered  by  reason  of  any  de- 
cision or  construction  of  said  section  six.*  Act  of  Aug.  29, 1916  {39 
Stat.  682),  amending  sec.  6^  act  of  May  10, 1916  (39  Stat.  120). 

as  such  was  subject  to  the  prohibition  of  that  act.  (Comp.  Treas,,  Jan.  3,  1917; 
War  Dept.  Bull.  9,  Feb.  2,  1917.) 

On  the  question  whether  a  civil  employee  of  the  War  Department  who  enlists 
in  the  Engineer  Enlisted  Keserve  Corps  can  be  given  leave  of  absence  with  pay 
in  his  civil  status  while  he  is  receiving  training  as  a  member  of  said  corps  and 
at  the  same  time  receive  pay  in  his  military  status, 

Held,  that  there  can  be  no  legal  objection  to  his  receiving  the  compensation 
of  both  places  if  the  training  is  performed  within  his  annual  leave  allowance, 
provided  the  combined  compensation  of  both  phices  does  not  exceed  tlie  sum  of 
$2,000,  so  as  to  come  within  the  prohibition  of  section  0  of  the  act  of  May  10, 
1916,  as  amended  (39  Stat.,  .582)  ;  that  as  the  two  positions  are  entirely  distinct 
each  with  its  own  compensation  and  duties,  the  ease  does  not  come  within  tlie 
prohibitions  of  sections  1763,  1764,  and  1765,  Revised  Statutes;  and  that  the 
military  position  is  not  an  office  within  the  meaning  of  the  act  of  July  31,  1894 
(28  Stat.,  205),  so  as  to  preclude  a  civil  employee,  if  his  .salary  should  be  $2,500 
or  more,  from  being  a  member  of  the  Enlisted  Reserve  Corps.  (War  Dept  Bull. 
18,  Apr.  6,  1917.) 

^A  provision  in  the  act  of  September  8,  1916  (39  Stat.  821),  excepts  A.  B. 
Fry,  a  consulting  engineer  in  another  branch  of  the  Federal  service,  from  the 
restrictions  against  his  employment  and  payment  in  the  Immigration  Service  at 
Ellis  Island,  N.  Y.  And  by  section  9,  urgent  deficiencies  act  of  October  6,  1917 
(40  Stat.  384),  teachers  in  the  public  schools  of  the  District  of  Columbia  who 
are  employed  as  teachers  of  night  schools  and  vacation  schools  are  excepted 
from  the  provisions  of  the  section. 


CHAPTER   V. 


THE  TKEASURY  DEPARTMENT- 
OFFICERS. 


-THE  ACCOUNTING 


rar. 

National  banks,  duties  and  lia- 
bilities when  designated  as  de- 
positaries of  public  moneys lS2a 

Annual  reports  by  auditors  as  to 

outstanding  checks lS3a 

All  appropriations  must  be  spe- 
cifically made . ISTa 

Appropriations,  reappropriation, 
and  diversion  of  unexpended 
balances  to  be  considered  as 
new 191a 

Report  of  unexpended  balances      -* 
to  Congress 193a 

Canal  Zone — Semiannual  exami- 
nation of  accounts  and  vouch- 
ers, etc 200a 

Accounts  of  Military  Establish- 
ment   20r)a-205w 

Audit  of  at  places  other  than 

seat  of  Government 205a 

Manner  of  exercising  and  per- 
forming duties 205b 

Performance  of  duties  in  foreign 
countries ;  certification  and 
conclusiveness  of  balances 205c 

Payment  of  certificates  of  bal- 
ances by  disbursing  officers  in- 
stead of  by  warrant 205d 

Reopening  and  review  of  any 
settlement  within  one  year 
after  close  of  war 205e 

Preservation,  etc.,  of  accounts, 
vouchers,  and  files 205f 

Appointment  of  assistant  comp- 
troller and  assistant  auditor; 
compensation 205g 


Par. 

Agents,  accountants,  etc. ;  num- 
ber and  compensation 2051i 

Powers  of  assistant  comptroller 
and  assistant  auditor 205i 

Oath  of  office,  subsistence,  etc., 
of  employees  residing  in  for- 
eign countries 205j 

Examination  of  books,  etc.,  of 
contracting,  purchasing,  and 
disbursing  officers 205k 

Administrative  examination  of 
accounts  settled  abroad ^  2051 

Filing  contracts  of  accounts  set- 
tled abroad 205m 

Employees  under  section  to  be 
restored  to  former  positions 205n 

Details  of  officers,  etc.,  for  duty 
outside  District  of  Columbia.    205o 

Appropriation  for  payment  of 
expenses 205p 

Special  disbursing  agents  of  ap- 
propriation     205q 

Additional  duties  of  employees-    205r 

Authority  to  administer  oaths  to 
American  citizens 205s 

Sale  of  Army  stores  to  em- 
ployees       205t 

Termination  of  effective  force  of 
section  six  months  after  close 
of  war,  etc 205u 

Limit  of  compensation  of  officers, 
employees,  etc 205v 

Date  of  termination  of  war  be- 
tween   Germany    and    United 

States 205w 

45 


46 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 


Par. 

Loyalty  restriction  repealed  as 
to  claims  for  service  in  Army 
prior  to  April  13,  1861 215a 

Claims  under  exhausted  or 
lapsed  appropriations,  exami- 
nation of  and  report  to  Con- 
'gress 215b 

Same — Reexamination  of  re- 
jected claims 215c 

Dn.raage  or  loss  of  baggage  of 
officers  and  enlisted  men 
shipped  under  orders — Recov- 
ery from  United  States  in  ex- 
cess of  amount  paid  by  car- 
rier      217a 

Payment  to  officers  for  horses 
lost  in  battle,  etc 217b 

Payment  for  property  lost  while 

in  military  service 217c 

Payment  for  horses  lost  by  cap- 
ture     217d 


Par. 

Payment  for  condemned  horses 
and  equipage 217e 

Payment  to  guardian  for  horse 
lost  by  minor  in  military  serv- 
ice       217f 

Payment  to  owner  for  horse  fur- 
nished and  lost  in  military 
service 217g 

Time  limit  for  filing  claim  for 
arrears  of  pay,  etc.,  of  volun- 
teers during  Civil  War 21Sa 

Same — Attorneys'  fees  for  prose- 
cution of  claims  prohibited; 
penalty 21Sb 

Liability  of  persons  making 
false  claims  against  United 
States 220a 

Lost  checks — Issuance  of  dupli- 
cates      245a 


182a.  National  hanJcs^  duties  and  liabilities  token  designated  as 
depositaries  of  public  moneys. — All  national  banking  associations, 
designated  for  that  purpose  by  the  Secretary  of  the  Treasury,  shall 
be  depositaries  of  public  money,  under  such  regulations  as  may  be 
prescribed  by  the  Secretary;  and  they  may  also  be  employed  as 
financial  agents  of  the  Government;  and  they  shall  perform  all  such 
reasonable  duties,  as  depositaries  of  public  money  and  financial 
agents  of  the  Government  as  may  be  required  of  them.  The  Secre- 
tary of  the  Treasury  shall  require  the  associations  thus  designated 
to  give  satsfactory  security,  by  the  deposit  of  United  States  bonds 
and  otherwise,  for  the  safe-keeping  and  prompt  payment  of  the 
public  money  deposited  with  them,  and  for  the  faithful  performance 
of  their  duties  as  financial  agents  of  the  (jovernment:  Provided^ 
That  the  Secretary  shall,  on  or  before  the  first  of  January  of  each 
year,  make  a  public  statement  of  the  securities  required  during  that 
year  for  such  deposits.  And  every  association  so  designated  as 
receiver  Or  depositary  of  the  public  money  shall  take  and  receive  at 
par  all  of  the  national  currency  bills,  by  whatever  association  issued, 
which  have  been  paid  into  the  Government  for  internal  revenue,  or 
for  loans  or  stocks:  Provided^  That  the  Secretary  of  the  Treasury 
shall  distribute  the  deposits  herein  provided  for,  as  far  as  practi- 
cable, equitably  between  the  different  States  and  sections.  Sec.  5153^ 
R.  JS.,  as  ame7ided  by  Sec.  i.  Act  of  Mar.  3^  1901  (31  Stat.  1U8), 
Sec.  3,  Act  of  Mar.  4.,  1907  (34  Stat.  1290),  Sec.  21,  Act  of  Dec,  23^ 
1913  {38  Stat.  274),  and  Act  of  Aug.  4, 1914  (38  Stat.  082). 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  47 

183a.  Annual  reports  hy  auditors  as  to  outstanding  checks. — Here- 
after at  the  termination  of  each  fiscal  year  each  Auditor  of  the 
Treasury  shall  report  to  the  Secretary  of  the  Treasury  all  checks 
issued  by  any  disbursing  officer  of  the  Government  as  shown  by  his 
accounts  rendered  to  such  auditor,  which  shall  then  have  been  out- 
standing and  unpaid  for  three  years  or  more,  stating  fully  in  such 
report  the  name  of  the  payee,  for  what  purpose  each  check  was 
given,  the  office  on  which  drawn,  the  number  of  the  voucher  received 
therefor,  the  date,  the  number,  and  the  amount  for  which  it  was 
drawn,  and,  when  known,  the  residence  of  the  payee.  And  such 
reports  shall  be  in  lieu  of  the  returns  required  of  disbursing  officers 
by  section  three  hundred  and  ten  of  the  Revised  Statutes.  Sec.  310^ 
R.  S.,  as  amended  hy  Sec.  5,  act  of  July  i,  1016  {39  Stat.  336), 

(See  paragraphs  241  and  242.) 

187a.  All  approprmtions  must  he  specifically  Tnade. — Hereafter  no 
Act  of  Congress  shall  be  construed  to  make  an  appropriation  out  of 
the  Treasury  of  the  United  States  unless  such  Act  shall,  in  specific 
terms,  declare  an  appropriation  to  be  made  for  the  purpose  or  pur- 
poses specified  in  the  Act.     Act  of  July  1, 1902  {32  Stat.  560) . 

191a.  Approprmtions^  reappropriation^  and  diversion  of  unex- 
pended halances  to  he  considered  as  new. — The  reappropriation  and 
diversion  of  the  unexpended  balance  of  any  appropriation  to  a  pur- 
pose other  than  that  for  which  it  was  originally  made  shall  be  con- 
strued and  accounted  hereafter  as  a  new  appropriation  and  the  un- 
expended balance  shall  be  reduced  by  the  sum  proposed  to  be  so 
diverted.    Sec.  4,  act  of  Mar.  4, 1915  {38  Stat.  1161). 

193a.  Report  of  unexpended  halances  to  Congress. — The  Secretary 
of  War  shall  make  an  annual  report  to  Congress  containing  a  state- 
ment of  the  appropriations  of  the  preceding  fiscal  year  for  the  De- 
partment of  War,  showing  the  amount  appropriated  under  each 
specific  head  of  appropriation,  the  amount  expended  under  each 
head,  and  the  balance  which,  on  the  thirtieth  day  of  June  preceding 
such  report,  remained  unexpended.  Such  reports  shall  be  accompa- 
nied by  estimates  of  the  probable  demands  which  may  remain  on 
each  appropriation.    Sec.  228,  R.  S. 

200a.  Can^l  Zone — Semiannual  examination  of  accounts  and 
vouchers.,  etc. — In  prescribing  regulations  under  the  provisions  of 
section  five  of  the  sundry  civil  act  of  August  first,  nineteen  hundred 
and  fourteen,  the  President  shall  provide  that  in  lieu  of  furnishing 
to  the  auditor  individual  detail  collection  vouchers,  not  provided 
for  in  said  regulations,  two  competent  persons,  one  from  the  office 
of  the  Auditor  for  the  War  Department,  designated  by  the  auditor, 
and  one  from  the  office  of  the  Comptroller  of  the  Treasury,  desig- 
nated by  the  comptroller,  shall  be  sent  semiannually,  at  such  time  as 
may  be  designated  by  the  comptroller,  to  the  Canal  Zone  to  examine 


48  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

the  accounts  and  vouchers  and  verify  the  submitted  schedules  of 
collections  and  report  in  triplicate  to  the  Auditor  for  the  War  De- 
partment, the  Comptroller  of  the  Treasury,  and  the  auditor  of 
the  Panama  Canal;  and  such  persons  shall  make  such  other  ex- 
amination into  the  accounts  of  the  Panama  Canal  as  may  be  di- 
rected by  the  comptroller,  and  for  all  such  purposes  they  shall  have 
access  to  all  records  and  papers  pertaining  thereto.  Such  exami- 
nation and  inspection  shall  be  made  for  the  period  covered  by  the 
persons  designated  as  soon  as  practicable,  and  the  report  of  such 
persons  shall  be  promptly  filed.  Such  persons  shall  be  furnished 
their  transportation  going  and  returning,  including  meals,  and  be 
paid  a  per  diem  of  $4  from  the  day  of  sailing  from  the  United 
States  until  return  thereto,  both  days  inclusive,  in  lieu  of  subsist- 
ence on  the  Isthmus  and  all  other  expenses,  out  of  such  appropri- 
ation for  the  Panama  Canal  as  may  be  designated  by  the  governor. 
Sec,  3,  act  of  Mar.  3,  1915  {38  Stat.  886). 

ACCOUNTS  OF  MILITARY  ESTABLISHMENT. 

205a.  Audit  of  at  place  other  than  seat  of  Government. — The  Sec- 
retary of  the  Treasury  is  authorized  during  the  war,  whenever  it 
shall  appear  that  the  public  interests  require  that  any  of  the  ac- 
counts of  the  Military  Establishment  be  audited  at  any  place  other 
than  the  seat  of  Government,  to  direct  the  Comptroller  of  the  Treas- 
ury and  the  Auditor  for  the  War  Department  to  exercise,  either  in 
person  or  through  assistants,  the  powers  and  perform  the  duties  of 
their  offices  at  any  place  or  places  away  from  the  seat  of  Govern- 
ment in  the  manner  that  is  or  may  be  required  by  law  at  the  seat 
of  Government  and  in  accordance  with  the  provisions  of  this  section. 
Sec.  12,  Act  of  Sept.  2i,  1917  {JfO  Stat.  293). 

205b.  Manner  of  exercising  and  performing  duties. — ^When  the 
Secretary  of  the  Treasury  shall  exercise  the  authority  herein  re- 
ferred to,  the  powers  and  duties  of  the  said  comptroller  and  auditor, 
under  and  pursuant  to  the  provisions  of  the  Act  of  July  thirty-first, 
eighteen  hundred  and  ninety-four,^  and  all  other  laws  conferring 
jurisdiction  upon  those  officers,  shall  be  exercised  and  performed  in 
the  same  manner  as  nearly  as  practicable  and  with  the  same  effect 
away  from  the  seat  of  Government  as  they  are  now  exercised  and 
performed  and  have  effect  at  the  seat  of  Government,  and  decisions 
authorized  by  law  to  be  rendered  by  the  comptroller  at  the  request 
of  disbursing  officers  may  be  rendered  with  the  same  effect  by  such 
assistants  as  may  be  authorized  by  him  to  perform  that  duty.    12a,  Id. 

205c.  Performance  of  duties  in  foreign  countries;  certification  and 
conclusiveness  of  balances. — When  pursuant  to  this  section  the  said 

*  See  paragraphs  196,  197,  200-203,  205-211,  and  213,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES_,   1915.  49 

comptroller  and  auditor  shall  perform  their  duties  at  a  place  in  a 
foreign  country,  the  balances  arising  upon  the  settlement  of  accounts 
and  claims  of  the  Military  Establishment  shall  be  certified  by  the 
auditor  to  the  Division  of  Bookkeeping  and  Warrants  of  the  Treas- 
ury Department  as  now  provided  for  the  certification  of  balances  by 
said  auditor  in  Washington,  and  the  balances  so  found  due  shall  be 
final  and  conclusive  upon  all  branches  of  the  Government,  except 
that  any  person  whose  account  has  been  settled  or  the  commanding 
officer  of  the  Army  abroad,  or  the  comptroller  may  obtain  a  revision 
of  such  settlement  by  the  comptroller  upon  application  therefor 
within  three  months,  the  decision  to  be  likewise  final  and  conclusive 
and  the  differences  arising  upon  such  revision  to  be  certified  to  and 
stated  by  the  auditor  as  now  provided  by  law.    12h^  Id. 

205 d.  Payment  of  certi-ficates  of  balances  hy  disbursing  officer 
ohroad  instead  of  hy  warrant. — Certificates  of  balances  due  may  be 
ti'ansmitted  to  and  paid  by  the  proper  disbursing  officer  abroad  in- 
stead of  by  warrant.    Id. 

205e.  Reopening  and  review  of  any  settlement  within  one  year 
after  close  of  war. — Any  person  whose  account  has  been  settled,  or  the 
Secretary  of  War,  may  obtain  a  reopening  and  review  of  any  settle- 
ment made  pursuant  to  this  section  upon  application  to  the  Comp- 
troller of  the  Treasury  in  Washington  within  one  year  after  the  close 
of  the  war,  and  the  action  of  the  comptroller  thereon  shall  be  final 
and  conclusive  in  the  same  manner  as  herein  provided  in  the  case  of 
a  balance  found  due  by  the  auditor.     Id. 

205f.  Preservation^  etc.,  of  accounts^  vouchers.,  and  files. — The 
comptroller  and  auditor  shall  preserve  the  accounts,  and  the  vouchers 
and  papers  connected  therewith,  and  the  files  of  their  offices  in  the 
foreign  country  and  transmit  them  to  Washington  within  six  months 
after  the  close  of  the  war  and  at  such  earlier  time  as  may  be  directed 
by  the  Secretary  of  the  Treasury  as  to  any  or  all  accounts,  vouchers, 
papers,  and  files.    12c.,  Id. 

205g.  Appointment  of  assistant  controller  and  assistant  auditor; 
compensation. — The  Secretary  of  the  Treasury  is  authorized  to  ap- 
point an  assistant  comptroller  and  an  assistant  auditor  and  to  fix  their 
compensation,  and  to  designate  from  among  the  persons  to  be  em- 
ployed hereunder  one  or  more  to  act  in  the  absence  or  disability  of 
such  assistant  comptroller  and  assistant  auditor.     Wd^  Id.^  294. 

205h.  Agents^  accountants^  etc.,  number  and  compensation. — He 
shall  also  prescribe  the  number  and  maximum  compensation  to  be  paid 
to  agents,  accountants,  clerks,  translators,  interpreters,  and  other 
persons  who  may  be  employed  in  the  work  under  this  section  by  the 
comptroller  and  auditor.    Id, 

5-1208°— IS 4 


50  MILITARY  LAWS  OP  THE  UNITED  STATES,  1915. 

205i.  Powers  of  assistant  comptroller  and  assistant  auditor, — The 
assistant  comptroller  and  assistant  auditor  shall  have  full  power  to 
perform  in  a  foreign  country  all  the  duties  with  reference  to  the 
settlement  there  of  the  accounts  of  the  Military  Establishment  that 
the  comptroller  and  auditor  now  have  at  the  seat  of  Government  and 
in  foreign  countries  under  the  provisions  of  this  section,  and  shall 
perform  such  duties  in  accordance  with  the  instructions  received 
from  and  rules  and  regulations  made  by  the  comptroller  and  auditor. 
Id. 

205 j.  Oath  of  office^  subsistence^  etc.^  of  emfloyees  residing  in  for- 
eign covmiries. — Such  persons  as  are  fesiding  in  a  foreign  country 
when  first  employed  hereunder  shall  not  be  required  to  take  an  oath 
of  office  or  be  required  to  be  employed  pursuant  to  the  laws,  rules, 
and  regulations  relating  to  the  classified  civil  service,  nor  shall  they 
be  reimbursed  for  subsistence  expenses  at  their  post  of  duty  or  for 
expenses  in  traveling  to  or  from  the  United  States.     Id, 

205k.  ExaTYhination  of  hooks ^  etc.^  of  contracting^  purchasing^  and 
disbursing  officers. — It  shall  be  the  duty  of  all  contracting,  pur- 
chasing, and  disbursing  officers  to  allow  any  representative  of  the 
comptroller  or  auditor  to  examine  all  books,  records,  and  papers  in 
any  way  connected  with  the  receipt,  disbui^ement,  or  disposal  of 
public  money,  and  to  render  such  accounts  and  at  such  times  as  may 
be  required  by  the  comptroller.     12e^  Id. 

2051.  Administrative  examination  of  accounts  settled  abroad. — No 
administrative  examination  by  the  War  Department  shall  be  required 
of  accounts  rendered  and  settled  abroad,  and  the  time  within  which 
these  accounts  shall  be  rendered  by  disbursing  officers  shall  be  pre- 
scribed by  the  comptroller,  who  shall  have  power  to  waive  any  delin- 
quency as  to  time  or  form  in  the  rendition  of  these  accounts.     Id. 

205m.  Filing  contracts  of  accounts  settled  abroad. — All  contracts 
connected  with  accounts  to  be  settled  by  the  auditor  abroad  shall  be 
filed  in  his  office  there.     Id. 

205n.  Employees  under  section  to  be  restored  to  former  positions.— 
Any  person  appointed  or  employed  under  the  provisions  of  this  sec- 
tion who  at  the  time  is  in  the  service  of  the  United  States  shall,  upon 
termination  of  his  services  hereunder,  be  restored  to  the  position  held 
by  him  at  the  time  of  such  employment.    Sec.  12f^  Id. 

205o.  Details  of  officers^  etc.^  for  duty  outside  District  of  Colum- 
bia.— No  provision  of  existing  law  shall  be  construed  to  prevent  the 
payment  of  money  appropriated  for  the  salary  of  any  Government 
officer  or  employee  at  the  seat  of  Government  who  may  be  detailed 
to  perform  duty  under  this  section  outside  the  District  of  Columbia, 
and  such  details  are  hereby  authorized.     Id, 

(See  paragraph  30a,  ante.) 


MIUTARY  LAWS  OF   THE  UNITED  STATES,  1915.  51 

205p.  Approjmation  for  payment  of  expenses. — For  tho  payment 
of  the  expenses  in  carrying  into  effect  this  section,  including  travel- 
ing expenses,  per  diem  of  $4  in  lieu  of  subsistence  for  officers  and 
employees  absent  from  Washington,  rent,  cablegrams  and  telegrams, 
printing,  law  books,  boolvs  of  reference,  periodicals,  stationery, 
office  equipment  and  exchange  thereof,  supplies,  and  all  other  neces- 
sary expenses,  there  is  hereby  appropriated,  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  for  the  fiscal  year  ending 
June  thirtieth,  nineteen  hundred  and  eighteen,  the  sum  of  $300,000. 
of  which  not  exceeding  $25,000  may  be  expended  at  Washington  for 
the  purposes  of  this  section,  but  no  officer  or  employee  shall  receive 
for  duty  in  Washington  any  compensation  other  than  his  regular 
salary.    Sec.  12g,  Id. 

205q.  Special  disbursing  agents  of  appropriation. — The  Secretary 
of  the  Treasury  may  designate  not  more  than  two  persons  employed 
hereunder  to  act  as  special  disbursing  agents  of  the  appropriation 
herein,  to  serve  under  the  direction  of  the  comptroller,  and  their 
accounts  shall  be  rendered  to  and  settled  by  the  accounting  officers 
of  the  Treasury  in  Washington.    Sec.  Jf^h,  Id. 

205r.  Additional  duties  of  employees. — All  persons  employed  under 
this  section  shall  perform  such  additional  duties  as  the  Secretary 
of  the  Treasury  may  direct.     Id. 

205s.  Authority  to  administer  oaths  to  American  citizens. — The 
comptroller  and  tlie  auditor,  and  such  persons  as  may  be  authorized 
in  writing  by  either  of  them,  may  administer  oaths  to  American 
citizens  in  respect  to  any  matter  within  the  jurisdiction  of  either  of 
said  officers  and  certify  the  official  character,  when  known,  of  any 
foreign  officer  whose  jurat  or  certificate  may  be  necessary  on  any 
paper  to  be  filed  with  them.    Sec.  12i,  Id.  295, 

205t  Sale  of  Army  stores  to  employees. — Persons  engaged  in  worlc 
abroad  under  the  provisions  of  this  section  may  purchase  from 
Army  stores  for  cash  and  at  cost  price  for  their  own  use  such 
articles  or  stores  as  may  be  sold  to  officers  and  enlisted  men.  Sec, 
12),  Id. 

205u.  Termination  of  effective  force  of  section  six  m/mths  after 
close  of  war,  etc. — The  autliority  granted  under  this  section  shall 
terminate  six  months  after  the  close  of  the  war  or  at  such  earlier 
date  as  the  Secretary  of  the  Treasury  may  direct,  and  it  shall  be 
the  duty  of  the  comptroller  and  auditor  to  make  such  reports  as 
the  Secretary  of  the  Treasury  may  require  of  the  expenditures  made 
and  work  done  pursuant  to  this  section,  and  such  reports  shall  be 
transmitted  to  the  Congress  at  such  time  as  he  may  decide  to  be 
compatible  with  the  public  interest.    Sec.  12k,  Id. 

205v.  Limit  on  compensation  of  officers,  employees,  etc. — No  offi- 
cers, employees,  or  agents  appointed  or  employed  under  this  sec- 


52  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

tion  shall  receive  more  salary  or  compensation  than  like  officers, 
employees,  or  agents  of  the  Government  now  receive.    Sec.  121,  Id. 

205w.  Date  of  termination  of  war  between  Germany  and  United 
States. — For  the  purposes  of  this  Act  the  date  of  the  termination  of 
the  war  between  the  United  States  and  the  Imperial  German  Govern- 
ment shall  be  fixed  by  proclamation  of  the  President  of  the  United 
States.    Sec,  13,  Id. 

215a.  Loyalty  restriction  repealed  as  to  claims  for  service  in  Army 
prior  to  April  13,  1861. — Section  thirty-four  hundred  and  eighty 
of  the  Revised  Statutes  of  the  United  States  be,  and  the  same  is 
hereby,  repealed  so  far  as  it  affects  payments  for  services  in  the 
Army  of  the  United  States  prior  to  April  thirteenth,  eighteen  hun- 
dred and  sixty-one.  Act  of  July  6,  1914-  {38  Stat.  4^4),  repealing 
Sec.  3480,  R.  S, 

215b.  Claims  under  exhausted  or  lapsed  appropriations,  exainina- 
tion  of  and  report  to  Congress. — It  shall  be  the  duty  of  the  several 
accounting  officers  of  the  Treasury  to  continue  to  receive,  examine, 
and  consider  the  justice  and  validity  of  aM  claims  under  appropria- 
tions the  balances  of  which  have  been  exhausted  or  carried  to  the 
surplus  fund  under  the  provisions  of  said  section  ^  that  may  be 
brought  before  them  within  a  period  of  five  years.  And  the  Secre- 
tary of  the  Treasury  shall  report  the  amour^t  due  each  claimant,  af 
the  commencement  of  each  session,  to  the  Speaker  of  the  House  of 
Representatives,  who  shall  lay  the  same  before  Congress  for  con- 
sideration.   Sec.  4,  Act  of  June  14, 1878  {20  Stat.  130) . 

215c.  Same — Re-examination  of  rejected  claims. — Nothing  in  this 
act  shall  be  construed  to  authorize  the  re-examination  and  payment 
of  any  claim  or  account  which  has  been  once  examined  and  rejected, 
unless  reopened  in  accordance  with  existing  law.    Id. 

217a.  Damage  or  loss  of  haggage  of  officers  and  enlisted  m£n 
shipped  under  orders. — Recovered  from  United  States  in  excess  of 
amount  paid  by  carrier. — The  provisions  of  the  Act  of  March  third, 
eighteen  hundred  and  eighty-five  (Twenty-third  Statutes,  page  three 
hundred  and  fifty),  entitled  "An  Act  to  provide  for  the  settle- 
ment of  the  claims  of  officers  and  enlisted  men  of  the  Army  for 
loss  of  private  property  destro3'ed  in  the  military  service  of  the 
United  States,"  shall  hereafter  extend  to  cover  loss  of  or  damage 
to  the  regulation  allowance  of  baggage  of  officers  and  enlisted  men 
sustained  in  shipment  under  orders,  to  the  extent  of  such  loss  or 
damage  over  and  above  the  amount  recoverable  from  the  carrier 
furnishing  the  transportation.^   Act  of  Mar.  4,  1915  {38  Stat.  1077), 

*  Section  5,  act  of  June  20,  1874,  paragraph  192,  ante,  or  18  Stat.  110. 

^  The  question  was  presented  whether  this  provision  applies  to  all  property 
which  may  be  shipped  as  change-of -station  allowance  of  baggage  (including, 
for  example,  civilian  clothing  of  the  claimant  officer  and  wearing  apparel  of 
members  of  his  family)  or  whether  its  application  is  limited  to  such  articles 


MILITARY   LAWS  OF   THE   UNITED   STATES,   1915.  63 

217b.  Payment  to  oflcere  for  horses  lost  in  lattle^  etc. — Any  field, 
or  staff,  or  other  officer,  mounted  militiaman,  volunteer,  ranger,  or 
cavalryman,  engaged  in  the  military  service  of  the  United  States, 
who  sustains  damage  without  any  fault  or  negligence  on  his  part, 
while  in  the  service,  by  the  loss  of  a  horse  in  battle,  or  by  the  loss 
of  a  horse  wounded  in  battle,  which  dies  of  the  wound,  or  which, 
being  so  wounded,  is  abandoned  by  order  of  his  officer  and  lost,  or 
who  sustains  damage  by  the  loss  of  any  horse  by  death  or  abandon- 
ment because  of  the  unavoidable  dangers  of  the  sea,  when  on  board 
a  United  States  transport  vessel,  or  because  the  United  States  fails 
to  supply  transportation  for  the  horse,  and  the  owner  is  compelled 
by  the  order  of  his  commanding  officer  to  embark  and  leave  him,  or 
in  consequence  of  the  United  States  failing  to  supply  sufficient  forage, 
or  because  the  rider  is  dismounted  and  separated  from  his  horse  and 
ordered  to  do  duty  on  foot  at  a  station  detached  from  his  horse,  or 
when  the  officer  in  the  immediate  command  orders  the  horse  turned 
out  to  graze  in  the  woods,  prairies,  or  commons,  because  the  United  • 

as  might  otherwise  be  certified  to  the  auditor  by  the  Secretary  of  War  under 
the  original  law  of  1885. 

Held,  that  since  the  provisions  of  the  act  of  1885  are,  by  the  act  of  March  4, 

1915,  extended  to  the  loss  or  damage  to  private  property  in  shipment,  the 
limitations  of  the  former  act  are  extended,  including  the  provision  that  "  the 
liability  of  the  Government  under  this  act  shall  be  limited  to  such  articles  of 
personal  property  as  the  Secretary  of  War,  in  his  discretion,  shall  decide  to  be 
reasonable,  useful,  necessary,  and  proper  for  such  officer  or  soldier  while  in 
quarters  engaged  in  the  public  service  in  line  of  duty  " ;  that  it  rs  only  because 
of  this  limitation  that  the  Secretary  of  War  is  required  to  make  any  certifi- 
cate for  the  auditor  in  case  of  the  loss  of  property  of  officers  and  enlisted  men, 
and  that  therefore  in  the  preparation  of  the  certificates,  in  cases  of  loss  of 
baggage,  there  should  be  listed  only  such  articles  as  can  be  properly  certified 
under  the  act  of  March  3,  1885.     (War  Dept.  Bui.  34,  June  8,  1917.) 

The  Auditor  for  the  War  Department  disallowed  the  claim  of  a  noncommis- 
sioned officer  for  the  value  of  his  household  goods  destroyed  by  fire  June  30, 

1916,  at  Seattle,  Wash.,  while  in  shipment  under  orders,  such  disallowance 
being  made  for  reasons  stated  as  follows : 

"As  the  property  was  not  lost  or  destroyed  by  being  shipped  on  an  unsea- 
worthy  vessel,  nor  by  reason  of  the  claimant  giving  his  attention  to  saving 
property  belonging  to  the  United  States,  no  reimbursement  can  be  made." 

Upon  appeal, 

Held,  by  the  comptroller,  that  the  claimant  was  entitled  to  reimbursement 
under  the  act  of  March  4,  1915,  which  extends  the  provisions  of  the  act  of 
March  3,  1885,  to  cover  losses  of  private  property  sustained  in  shipment  under 
orders  in  excess  of  that  recoverable  from  the  carrier.  This  legislation  author- 
izes and  directs  the  accounting  officers  of  the  Treasury  to  examine  into,  ascer- 
tain, and  determine  the  value  of  the  regulation  allowance  of  baggage  belonging 
to  officers  and  enlisted  men  in  the  military  service  which  has  been  lost  or 
damaged  in  such  service  on  or  after  March  4,  1915,  in  shipment  under  orders; 
and  vv'hen  such  loss  or  damage  w^as  without  fault  or  negligence  on  the  part 
of  the  claimant,  was  not  sustained  in  time  of  war  or  hostilities  with  Indians, 
and  the  claim  for  compensation  is  presented  within  two  years  from  the  occur- 
rence of  the  loss  or  damage,  the  amwmt  of  such  loss  or  damage  so  ascertained, 
in  excess  of  the  amount  recoverable  from  the  carrier,  is  payable  by  the  United 
States.  The  liability  of  the  Government  is,  by  the  terms  of  the  act  of  1885, 
•'  limited  to  such  articles  of  personal  property  as  the  Secretary  of  War,  in  his 
discretion,  shall  decide  to  be  reasonable,  useful,  necessary,  and  proper  for  such 
officer  or  soldier  while  in  quarters,  engaged  in  the  public  service,  in  the  line 
of  duty." 

(Comp.  Treas.,  Aug.  1,  1917,  War  Dept.  Bui.  54,  Sept.  26,  1917.) 


54  MIUTAHY  LAWS  OF  THE  UNITED  STATES,  1915. 

States  fails  to  supply  sufficient  forage,  and  the  loss  is  consequent 
thereon,  or  for  the  loss  of  necessary  equipage,  in  consequence  of  the 
loss  of  his  hol-se,  shall  be  allowed  and  paid  the  value  thereof,  not  to 
exceed  two  hundred  dollars.  But  any  payment  which  is  made  to  any 
one  for  the  use  and  risk,  or  for  forage,  after  the  death,  loss,  or  aban- 
donment of  his  horse,  shall  be  deducted  from  the  value  thereof, 
unless  he  satisfies  the  paymaster  at  the  time  he  makes  the  payment, 
or  thereafter  shows,  by  proof,  that  he  was  remounted,  in  which  case 
the  deduction  shall  only  extend  to  the  time  he  was  on  foot.  And 
any  payment  made  to  any  person  above  mentioned,  on  account  of 
clothing  to  which  he  is  not  entitled,  by  law,  shall  be  deducted  from 
the  value  of  his  horse  or  accouterments.    Sec.  31^82^  R,  S. 

217c.  Payment  for  property  lost  while  in  nulitary  service, — Every 
person  who  sustains  damage  by  the  capture  or  destruction  by  an 
enemy,  or  by  the  abandonment  or  destruction  by  the  order  of  the 
commanding  general,  the  commanding  officer,  or  quartermaster,  of 
any  horse,  mule,  ox,  wagon,  cart,  sleigh,  harness,  steamboat  or  other 
vessel,  railroad-engine  or  railroad-car,  w^hile  such  property  is  in  the 
military  service,  either  by  impressment  or  contract;  or  who  sustains 
damage  by  the  death  or  abandonment  and  loss  of  any  horse,  mule,  or 
ox,  while  in  the  service,  in  consequence  of  the  failure  on  the  part  of 
the  United  States  to  furnish  the  same  with  sufficient  forage,  or  whose 
horse,  mule,  ox,  wagon,  cart,  boat,  sleigh,  harness,  vessel,  railroad- 
engine,  or  railroad-car  is  lost  or  destroyed  by  unavoidable  accident 
while  such  property  is  in  the  service,  shall  be  allowed  and  paid  the 
value  thereof  at  the  time  when  such  property  was  taken  into  the 
service,  except  in  cases  where  the  risk  to  which  the  property  would 
be  exposed  was  agreed  to  be  incurred  by  the  owner :  Provided,  It  ap- 
pears that  such  loss,  capture,  abandonment,  destruction,  or  death  was 
without  any  fault  or  negligence  on  the  part  of  the  owner  of  the 
property,  and  while  the  property  was  actually  employed  in  the  service 
of  the  United  States.    JSec.  3^83,  R.  S, 

217d.  Payment  for  horses  lost  hy  capture. — The  two  preceding  sec- 
tions shall  extend  to  all  cases  of  the  loss  of  horses  by  any  officer,  non- 
commissioned officer,  or  private  in  the  military  service  of  the  United 
States,  while  in  the  line  of  his  duty  in  such  service,  by  capture  by  the 
enemy,  whenever  it  shall  appear  that  such  officer,  non-commissioned 
officer,  or  private  was  ordered  by  his  superior  officer  to  surrender  to 
the  enemy,  and  such  capture  was  made  in  pursuance  of  such  sur- 
render.   Sec.  Sm,  R'  S. 

217e.  Payment  for  condemned  horses  and  equipage. — Wlienever 
any  horse  is  condemned  by  a  board  of  officers,  on  account  of  his  un- 
fitness for  service,  in  consequence  of  the  Government  failing  to  supply 
forage,  such  horse  and  his  equipage  shall  be  allowed  and  paid  for: 
Provided^  It  shall  be  proven,  by  satisfactory  evidence,  whether  oral 


MILITARY   LAWS  OF   THE   UNITED   STATES,  1915.  55 

or  written,  that  the  condemned  horse  and  the  equipage  were  turned 
over  to  a  quartermaster  of  the  Army,  whether  any  receipt  therefor 
was  given  and  produced,  or  not.     Sec.  3J^5^  R.  S, 

217f.  Payv-oent  to  guardian  for  horse  lost  hy  minor  in  military 
service. — When  any  minor  engaged  in  the  military  service  of  the 
United  States,  and  provided  with  a  horse  or  equipments,  or  with 
military  accouterments,  by  his  parent  or  guardian,  dies,  without  pay- 
ing for  the  property,  and  the  same  is  lost,  captured,  destroyed,  or 
abandoned,  in  the  manner  before  mentioned,  such  parent  or  guardian 
shall  be  allowed  pay  therefor,  on  making  satisfactory  proof,  as  in 
other  cases,  and  the  further  proof  that  he  is  entitled  thereto  by  having 
furnished  the  same.     Sec.  3I}S6^  R.  S. 

217g.  Payment  to  owner  for  horse  furnished  and  lost  in  military 
service. — When  any  person  other  than  a  minor,  engaged  in  the  mili- 
tary service,  is  provided  with  a  horse  or  equipments,  or  with  military 
accouterments,  by  any  person,  being  the  owner  thereof,  who  tai[?:es 
the  risk  of  such  horse,  equipments,  or  military  accouterments,  on  him- 
self, and  the  same  is  lost,  captured,  destroyed,  or  abandoned,  in  the 
manner  before  mentioned,  such  owner  shall  be  allowed  pay  therefor, 
on  making  satisfactory  proof,  as  in  other  cases,  and  the  further  proof 
that  he  is  entitled  thereto,  by  having  furnished  the  same,  and  having 
taken  the  risk  on  himself.     Sec.  31^87^  R.  S. 

218a.  Time  limit  for  filing  clairn  for  arrears  of  pay,  etc.,  of  Volun- 
teers during  Civil  War. — No  claim  for  arrears  of  pay,  bounty,  or 
other  allowances  growing  out  of  the  service  of  Volunteers  who  served 
in  the  Army  of  the  United  States  during  the  Civil  War  shall  be  re- 
ceived or  considered  by  the  accounting  officers  of  the  Treasury  unless 
filed  in  the  office  of  the  Auditor  for  the  War  Department  on  or  before 
December  thirty-fii^t,  nineteen  hundred  and  twelve.  Act  of  Dec.  22, 
1911  {37  Stat.  49). 

218b.  Same — Attorneys'*  fees  for  prosecution  of  claims  jyrohihited ; 
penalty. — ^Hereafter  no  agent  or  attorney  shall  demand  or  accept,  for 
his  services  in  connection  with  the  prosecution  of  claims  for  arrears 
of  pay,  bounty,  or  other  allowances  due  on  account  of  the  services 
during  the  Civil  War  of  an  officer  or  enlisted  man  of  the  Regular  or 
Volunteer  Armies  of  the  United  States,  filed  after  the  passage  of  this 
Act,  any  fee  for  any  services  rendered  in  connection  therewith.  W^ho- 
ever  shall  violate  this  provision  upon  conviction  shall  be  punished  by 
a  fine  of  not  exceeding  five  hundred  dollars  or  imprisonment  for  a 
period  not  exceeding  six  months,  or  both,  and  shall  be  disbarred  from 
practice  before  the  Treasury  Department.    Id. 

220a.  Lidbility  of  persons  making  false  claims  against  United 
States. — Any  person  not  in  the  military  or  navai  forces  of  the  United 
States,  or  in  the  militia  called  into  or  actually  employed  in  the  service 
of  the  United  States,  who  shall  do  or  commit  any  of  the  acts  prohib- 


56  MILITARY   LAWS   OF    THE   UNITED   STATES,   1915 


iled  by  any  of  the  provisions  of  section  fifty-four  hundred  and  thirty- 
eight,  Title  "  Crimes,"  shall  forfeit  and  pay  to  the  United  States  the 
sum  of  two  thousand  dollars,  and,  in  addition,  double  the  amount  of 
damages  which  the  United  States  may  have  sustained  by  reason  of 
the  doing  or  committing  such  act,  together  with  the  costs  of  suit;  and 
such  forfeiture  and  damages  shall  be  sued  for  in  the  same  suit.  Sec. 
3Ji90,  R.  S. 

245a.  Lost  checks — Issuance  of  duplicates. — Whenever  any  orig- 
inal check  is  lost,  stolen,  or  destroyed  disbursing  officers  and  agents  of 
the  United  States  are  authorized,  within  three  years  from  the  date 
of  such  check,  to  issue  a  duplicate  check,  under  such  regulations  in 
regard  to  its  issue  and  payment,  and  upon  the  execution  of  such  bond, 
with  sureties,  to  indemnify  the  United  States,  and  proof  of  loss  of 
original  check,  as  the  Secretary  of  the  Treasury  shall  prescribe.  Sec, 
86^7,  R.  S.,  as  amended  by  act  of  Mar.  21, 1916  {39  Stat.  37), 


CHAPTER  VI. 


POSTAL  LAWS. 


Par. 


Letters  written  by  soldiers,  etc., 
in    foreign    countries    to    be 

transmitted  free 

Use  of  mails 253a- 

Letters,  writings,  etc.,  in  viola- 
tion of  provisions  of  act  de- 
clared nonmailable  matter 

Same — Opening  letters 

Same — Letters,  writings,  etc.,  ad- 
vocating treason,  etc.,  declared 

nonmailable 

Same — Using,  etc.,  mails  or  Pos- 
tal Service  for  transmission  of 
matter    declared    nonmailable 

by  this  title ;  punishment — 

Same — Jurisdiction  of  offense — 
Print    newspapers    or    publica- 
tions   in    foreign    languages, 
matters  unlawful  to  be  pub- 
lished in 


251a 
-253e 


253a 

253b 


253c 


253d 
253e 


253f 


Par. 

Same — Filing  translation  before 

mailing 253g 

Same  —  Publications  nonmail- 
able, when 253h 

Same — Permits  to  publish 2531 

Sam.e — Copies  of  permits  and 
revocations  of ;  publications 
under  permit  to  bear  certifi- 
cates as  to 253j 

Punishment  for  making  affidavit 

containing  false  statement —    253k 

Postmaster  General  to  contract 
for  all  envelopes 254a 

Same — Envelopes  for  all  Gov- 
ernment service  to  be  con- 
tracted for 254b 


251a.  Letters  written  hy  soldiers^  etc.^  in  foreign  countries  to  he 
transmitted  free. — Letters  written  and  mailed  by  soldiers,  sailors, 
and  marines  assigned  to  ^uty  in  a  foreign  country  engaged  in  the 
present  war  may  be  mailed  free  of  postage,  subject  to  such  rules  and 
regulations  as  may  be  prescribed'  by  the  Postmaster  General.  Sec, 
1100,  Act  of  Oct.  i,  1917  HO  Stat.  327) . 


USE  OF  MAILS. 

263a.  Letters^  writing^  etc.,  in  violation  of  provisions  of  Act  de- 
clared nonmailable  matter. — Every  letter,  writing,  circular,  postal 
card,  picture,  print,  engraving,  photograph,  newspaper,  pamphlet, 
book,  or  other  publication,  matter  or  thing,  of  any  kind,  in  violation 
of  any  of  the  provisions  of  this  Act  is  hereby  declared  to  be  nonmail- 
able matter  and  shall  not  be  conveyed  in  the  mails  or  delivered  from 

57 


68  MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 

any  postoffice  or  by  any  letter  carrier.     Title  XI I ^  Sec.  i,  Act  of 
June  15,  1917   {JfO  Stat.  230). 

253b.  Same — Opening  letters. — Nothing  in  this  Act  shall  be  so 
construed  as  to  authorize  any  person  other  than  an  employee  of  the 
Dead  Letter  Office,  duly  authorized  thereto,  or  other  person  upon  a 
search  warrant  authorized  by  law,  to  open  any  letter  not  addressed 
to  himself.     Id. 

(See  paragraphs  1425e  and  1425f,  post,  as  to  censorship  of  communications 
by  mail,  etc.,  under  tlie  "Trading  with  the  Enemy  Act"  of  October  6,  1917.) 

253c.  Sai7ie — Letters,  writings,  etc.,  advocating  treason,  etc.,  de- 
clared nonmailable. — Every  letter,  writing,  circular,  postal  card, 
picture,  print,  engraving,  photograph,  newspaper,  pamphlet,  book, 
or  other  publication,  matter  or  thing,  of  any  kind,  containing  any 
matter  advocating  or  urging  treason,  insurrection,  or  forcible  re- 
sistance to  any  law  of  the  United  States,  is  hereby  declared  to  be 
nonmailable.    Sec.  2,  Id. 

253d.  Same — Using,  etc.,  mails  or  Postal  Service  for  transmission 
of  matter  declared  nonmailable  hy  this  title,'  punishment. — Whoever 
shall  use  or  attempt  to  use  the  mails  or  Postal  Service  of  the  United 
States  for  the  transmission  of  any  matter  declared  by  this  title  to 
be  nonmailable,  shall  be  fined  not  more  than  $5,000  or  imprisoned 
not  more  than  five  years,  or  both.    Sec.  3,  Id. 

253e.  Same — Jurisdiction  of  offense. — Any  person  violating  any 
provision  of  this  title  may  be  tried  and  punished  either  in  the  dis- 
trict in  which  the  unlawful  matter  or  publication  was  mailed,  or  to 
which  it  was  carried  by  mail  for  delivery  according  to  the  direction 
thereon,  or  in  which  it  was  caused  to  be  delivered  by  mail  to  the 
person  to  whom  it  was  addressed.    Id,  231. 

(For  general  provisions  of  this  act  applicable  to  this  title,  see  paragraphs 
1475r-1475u.) 

253f.  Print,  newspapers  or  puhlications  in  foreign  languages,  mat- 
ters unlawful  to  he  published  in. — Ten  days  after  the  approval  of 
this  Act  and  until  the  end  of  the  war,  it  shall  be  unlawful  for  any 
person,  firm,  corporation,  or  association,  to  print,  publish,  or  circu- 
late, or  cause  to  be  printed,  published,  or  circulated  in  any  foreign 
language,  any  news  item,  editorial  or  other  printed  matter,  respecting 
the  Government  of  the  United  States,  or  of  any  nation  engaged  in 
the  present  war,  its  policies,  international  relations,  the  state  or  con- 
duct of  the  war,  or  any  matter  relating  thereto.  Sec.  19,  Act  of  Oct. 
6,1917  {1^0  Stat.,  i25). 

253g.  Same — Filing  translation  hefore  mailing. — This  section  shall 
not  apply  to  any  print,  newspaper,  or  publication  where  the  publisher 
or  distributor  thereof,  on  or  before  oifering  the  same  for  mailing,  or 
in  any  manner  distributing  it  to  the  public,  has  filed  with  the  post- 
master at  the  place  of  publication,  in  the  form  of  an  affidavit,  a  true 


1915.  59 

and  complete  translation  of  the  entire  article  containing  such  matter 
proposed  to  be  published  in  such  print,  newspaper,  or  publication, 
and  has  caused  to  be  printed,  in  plain  type  in  the  English  language, 
at  the  head  of  each  such  item,  editorial,  or  other  matter,  on  each  copy 
of  such  print,  newspaper,  or  publication,  the  w^ords  "  True  translation 
filed  with  the  postmaster  at  on  (naming  the  post  office 

where  the  translation  was  filed,  and  the  date  of  filing  thereof),  as 
required  by  the  Act  of  (here  giving  the  date  of  this  Act).    Id, 

2d3h.  Saviie — Publications  nonmailable^  when. — Any  print,  news- 
paper, or  publication  in  any  foreign  language  which  does  not  conform 
to  the  provisions  of  this  section  is  hereby  declared  to  be  nonmailable, 
and  it  shall  be  unlawful  for  any  person,  firm,  corporation,  or  asso- 
ciation, to  transport,  carry,  or  otherwise  publish  or  distribute  the 
same,  or  to  transport,  carry  or  otherwise  publish  or  distribute  any 
matter  which  is  made  nonmailable  by  the  provisions  of  the  Act  relat- 
ing to  espionage,  approved  June  fifteenth,  nineteen  hundred  and 
seventeen.    Id^  J^6, 

2531.  Same — Permits  to  .  publish. — ^Upon  evidence  satisfactory  to 
him  that  any  print,  newspaper,  or  publication,  printed  in  a  foreign 
language  may  be  printed,  published,  and  distributed  free  from  the 
foregoing  restrictions  and  conditions  without  detriment  to  the  United 
States  in  the  conduct  of  the  present  war,  the  President  may  cau^e  to 
be  issued  to  the  printers  or  publishers  of  such  print,  newspaper,  or 
publication,  a  permit  to  print,  publish,  and  circulate  the  issue  or  issues 
of  their  print,  newspaper,  or  publication,  free  from  such  restrictions 
and  requirements,  such  permits  to  be  subject  to  revocation  at  his 
discretion.     Id. 

253j.  Sam^ — Copies  of  permits  and  revocations  of;  publications 
under  permits  to  bear  certificate  as  to. — And  the  Postmaster  General 
shall  cause  copies  of  all  such  permits  and  revocations  of  permits  to 
be  furnished  to  the  postmaster  of  the  post  office  serving  the  place 
from  which  the  print,  newspaper,  or  publication,  granted  the  permit 
is  to  emanate.  All  matter  printed,  published  and  distributed  under 
permits  shall  bear  at  the  head  thereof  in  plain  type  in  the  English 
language,  the  words,  "Published  and  distributed  under  permit  au- 
thorized by  the  Act  of  (here  giving  date  of  this  Act) ,  on  fiOle  at 
the  post  office  of               (giving  name  of  office)."    Id. 

253k.  Punishment  for  malcing  affidavit  containing  false  state- 
ment. — Any  person  who  shall  make  an  affidavit  containing  any  false 
statement  in  connection  with  the  translation  provided  for  in  this 
section  shall  be  guilty  of  the  crime  of  perjury  and  subject  to  tho 
punishment  provided  therefor  by  section  one  hundred  and  twenty- 
five  ^  of  the  Act  of  March  fourth,  nineteen  hundred  and  nine,  entitled 
"An  Act  to  codify,  revise,  and  amend  the  penal  laws  of  the  United 

*  See  35  Statutes  1111. 


69  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

States,"  and  an}^  person,  firm,  corporation,  or  association,  violating 
any  other  requirement  of  this  section  shall,  on  conviction  thereof,  be 
punished  by  a  fine  of  not  more  than  $500,  or  by  imprisonment  of  not 
more  than  one  year,  or,  in  the  discretion  of  the  court,  may  be  both 
fined  and  imprisoned. — Id. 

254a.  Postniaster-Generdl  to  contract  for  all  envelopes, — The  Post- 
master-General shall  contract  for  all  envelopes,  stamped  or  other- 
wise, designed  for  sale  to  the  public,  or  for  use  by  his  own  or  other 
Departments,  and  may  contract  for  them  to  be  plain  or  with  such 
printed  matter  as  may  be  prescribed  by  the  Department  making 
requisition  therefor:  Provided^  That  no  envelope  furnished  by  the 
Government  shall  contain  any  business  address  or  advertisement. 
Sec.  96,  Act  of  Jan.  12, 1895  {28  Stat.  62Jf), 

254b.  Same — Envelopes  for  all  Government  service  to  he  con- 
tracted for. — The  Postmaster- General  shall  contract,  for  a  period 
not  exceeding  four  years,  for  all  envelopes,  stamped  or  otherwise, 
designed  for  sale  to  the  public,  or  for  use  by  the  Post-Office  Depart- 
ment, the  postal  service,  and  other  Executive  Departments,  and  all 
Government  bureaus  and  establishments,  and  the  branches  of  the 
service  coming  under  their  jurisdiction,  and  may  contract  for  them 
to  be  plain  or  with  such  printed  matter  as  may  be  prescribed  by  the 
Department  making  requisition  therefor:  Provided,  That  no  en- 
velope shall  be  sold  by  the  Government  containing  any  lithographing 
or  engraving,  nor  any  printing  nor  advertisement,  except  a  printed 
request  to  return  the  letter  to  the  writer.^  Act  of  June  26,  1906  (34 
Stat.  Jf76), 

*The  acts  of  January  12,  1895  (28  Stat.,  624),  and  June  26,  1906  (34  Stat, 
476),  are  to  the  general  effect  that  envelopes  for  the  use  of  the  executive 
departments  of  the  Government  and  all  branches  of  the  service  coming  under 
their  jurisdiction  are  to  be  purchased  exclusively  by  the  Postmaster  Gen- 
eral upon  requisitions  of  such  executive  departments,  etc.  In  a  decision  of 
July  22,  1913  (20  Comp.  Dec,  34),  the  Comptroller  of  the  Treasury  held  that 
the  act  of  June  26,  1906,  precluded  the  purchase  of  envelopes  from  the 
appropriation  "  Contingencies,  headquarters  of  military  departments,  etc." 
otherwise  than  as  authorized  by  that  act,  and  that  the  discretion  conferred 
upon  division  or  department  commanders  in  that  appropriation  with  respect 
to  expenditures  could  not  be  regarded  as  authorizing  a  purchase  otherwise 
prohibited  by  law.  Commencing  with  the  fiscal  year  1915,  the  appropriation 
"  Contingencies,  headquarters  of  military  departments,  etc.,"  named  stationery 
among  the  objects  for  which  the  appropriation  might  be  expended,  and  the  ques- 
tion was  presented  v/hether  the  inclusion  of  stationery  among  such  objects 
operated  as  a  repeal  v^o  tanto  of  the  prohibitory  statutes  respecting  the  officer 
authorized  to  purchase  envelopes. 

Held,  that  the  fact  that  stationery  was  named  in  the  appropriation  among 
the  objects  of  authorized  expenditure  thereunder  merely  increased  specifically 
the  number  of  heads  of  lawful  expenditures  and  had  no  effect  whatever  on  the 
manner  in  which  such  expenditures  were  to  be  made,  and  that,  therefore,  ex- 
penditures for  envelopes  of  headquarters  of  military  departments,  etc.,  of  the 
Army  are  still  to  be  made  in  the  manner  indicated  by  the  acts  above  cited. 

(Comp.  Treas.,  Jan.  29,  1917,  War  Dept.  Bui.  26,  May  17,  1917.) 


CHAPTER  VII. 


THE  DEPARTMENT  OF  JUSTICE— HABEAS  CORPUS— 
THE  COURT  OF  CLAIMS. 


Par, 
Condemnation    proceedings,    Dis- 

'  trict  of  Columbia,  attorney  in 
charge  of;  employment  of 
other  counsel  forbidden 263a 


Par. 
Court    of    Claims  —  Jurisdiction 

over    claims    growing    out    of 

Civil    War 277a 


263a.  Condemnation  proceedings^  District  of  Colwribia^  attorney 
in  charge  of;  employment  of  other  counsel  forhidden. — One  of  whom  ^ 
shall  have  charge  of  all  condemnation  proceedings  in  the  District  of 
Columbia  and  supervise  the  examination  of  titles  and  matters  arising 
from  such  condemnation  proceedings  in  which  the  United  States 
shall  be  a  party  or  have  an  interest,  and  no  special  attorney  or  coun- 
sel, or  services  of  persons  other  than  of  those  provided  for  herein, 
shall  be  employed  for  such  purposes.  Act  of  Mar.  3^  1917  {39  Stat. 
1110). 

277a.  Court  of  Claims — Jurisdiction  over  claims  growing  out  of 
Civil  War,  etc. — From  and  after  the  passage  and  approval  of  this 
Act  the  jurisdiction  of  the  Court  of  Claims  shall  not  extend  to  or  in- 
clude any  claim  against  the  United  States  based  upon  or  growing  out 
of  the  destruction  of  any  property  or  damage  done  to  any  property 
by  the  military  or  naval  forces  of  the  United  States  during  the  war 
for  the  suppression  of  the  rebellion ;  nor  to  any  claim  for  stores  and 
supplies  taken  by  or  furnished  to  or  for  the  use  of  the  military  or 
naval  forces  of  the  United  States,  nor  to  any  claim  for  the  value  of 
any  use  and  occupation  of  any  real  estate  by  the  military  or  naval 
forces  of  the  United  States  during  said  war ;  nor  shall  said  Court  of 
Claims  have  jurisdiction  of  any  claim  which  is  now  barred  by  the 
provisions  of  any  law  of  the  United  States.  Sec.  5,  act  of  Mar.  ^, 
1915  {38  Stat.  996), 

*  Four  attorneys  at  $5,000  each  in  the  Department  of  Justice  authorized. 

61 


CHAPTER  VIIL 


THE  DEPAETMENT  OF  THE  NAVY- 

COEPS. 


-THE  MAEINE 


Par. 

Enlisted  men  on  shore  duty  en- 
titled to  ration  or  commuta- 
tion allowed  to  enlisted  men 
of  Army 304a 

Same — When  impracticable  to 
furnish  Army  ration  may  be 
allowed  Navy  ration  or  com- 
mutation thereof 304b 


Par. 


Ofhcers  and  enlisted  men  of 
Medical  Department  of  Navy 
serving  with  Marine  Corps 
when  detached  for  service 
with  Army  subject  to  articles 
of  war 305a 


304a.  Enlisted  men  on  shore  duty  entitled  to  ration  or  commuta- 
tion allowed,  to  enlisted  men  of  Army. — No  law  shall  be  construed  to 
entitle  enlisted  men  on  shore  duty  to  any  rations  or  commutation 
therefor  other  than  such  as  are  now  or  may  hereafter  be  allowed 
enlisted  men  in  the  Army.    Act  of  Aug.  29^  1916  {39  Stat.  613) . 

(The  act  of  Mar.  4,  1917  (39  Stat,  1189),  contains  a  provision  identical  with 
above  paragraph,  except  that  the  provision  is  preceded  by  the  word  hereafter.) 

304b.  Same — When  impracticaMe  to  furnish  Army  ration  may  he 
allowed  Navy  ration  or  commutation  thereof. — When  it  is  imprac- 
ticable or  the  expense  is  found  greater  to  supply  marines  serving  on 
shore  duty  in  the  island  possessions  and  on  foreign  stations  with 
the  Army  ration,  such  marines  may  be  allowed  the  Navy  ration  or 
communication  thereof.     Id. 

(The  act  of  Mar.  4,  1917  (39  Stat,  1189),  contains  a  provision  identical  with 
above  paragraph.) 

305a.  Officers  and  enlisted  men  of  Medical  Department  of  Navy 
serving  with  MaHne  Corps  when  detached  for  service  with  Ai^my 
subject  to  articles  of  war. — Officers  and  enlisted  men  of  the  Medical 
Department  of  the  Navy,  serving  with  a  body  of  marines  detached 
for  service  with  the  Army  in  accordance  with  the  provisions  of  sec- 
tion sixteen  hundred  and  twenty-one  of  the  Eevised  Statutes,  shall, 
while  so  serving,  be  subject  to  the  rules  and  articles  of  war  pre- 
scribed for  the  government  of  the  Army  in  the  same  manner  as  the 
officers  and  men  of  the  Marine  Corps  while  so  serving.    Id.^  573, 

63 


CHAPTER  X. 


THE    MILITARY    ESTABLISHMENT— GENERAL    PROVI- 
SIONS OF  ORGANIZATION. 


The  Regular  Army — The  Volunteer  Army  and  the  Militia.^ 


Par. 

Composition  of  the  Army  of  the 
United  States 329a 

Tour  of  duty  of  officers  and 
enlisted  men  in  Philippine 
Islands  and  the  Canal  Zone 330a 

Composition  of  Regular  Army 331a 

Increase  to  be  made  in  five  in- 
crements   331b 

Limitation  on  promotions  or  ap- 
pointments of  officers  to  va- 
cancies caused  by  second  in- 
crement    331bi 

May  be  immediately  made  in 
event  of  actual  or  threatened 
war 331c 

Immediately  raise,  organize,  of- 
ficer, and  equip  all  increments 
at  maximum  strength 331ci 

Same — Filling  of  vacancies 
caused  by  increase;  termina- 
tion of  provisional  appoint- 
ments    331c^ 

Vacancies  in  grade  of  second 
lieutenant  caused  by  increase, 
how  filled 331d 

Appointments  to  fill  vacancies  in 
grade  of  second  lieutenant, 
order  of  appointment 331d^ 

Waiver  of  age  limit  of  candi- 
dates for  second  lieutenant 331di 

Same — Vacancies  not  filled  on 
graduation  of  cadet  class ;  va- 
cancies not  caused  by  increase 
to  be  filled  under  existing 
law 331e 


Par. 

Enlisted  men  who  have  com- 
pleted one  year's  service  may 
become  candidates  for  vacan- 
cies caused  by  increase 331f 

Lineal  and  relative  rank  of  sec- 
ond lieutenants  appointed  to 
original  vacancies  created  by 
this  act 331g 

Saving  clause 331h 

Repealing  clause 3311 

Excessive  enlistment  of  recruits 
to  supply  trained  men  for 
organizations  serving  outside 
limits  of  United  States 332a 

Increase  of  organizations  to 
maximum  strength  in  an 
emergency 332b 

Same — Unassigned  recruits,  not 
to  exceed  5  per  cent  of  total 
enlisted  strength,  not  to  be 
counted 332c 

Enlisted  personnel  of  organiza- 
tions of  Regular  Army  to  be 
maintained  not  below  mini- 
mum strength 332d 

Enlisted  strength  of  the  line  of 
the  Army,  maximum 332e 

Same — Unassigned  recruits  not 
to  exceed  7  per  cent  of  author- 
ized strength 332  f 

Enlisted  strength  to  be  exclusive 
of  soldiers  sentenced  to  dis- 
honorable discharge 332g 

Retirement  of  officers  of  Philip- 
pine Scouts 339a-339e 


*  For  statutes  respecting  the  militia,  ^ee  chapter  entitled 
also  chapter  entitled  "  Volunteers." 

54208"— 18 5 


The  Militia."    See 


65 


66 


MILITARY  LAWS  OF   THE  UNITED  STATE S^  1915. 


Par, 

Retirement  of  captains  and  lieu- 
tenants of  Philippine  Scouts 
who  are  citizens  of  tlie  United 
States 339a 

Same — Double  time  for  service 
beyond  continental  limits  of 
United  States  not  to  be  counted 
for  purpose  of 339b 

Same — Former  officers  who  re- 
signed or  were  discharged  on 
account  of  wounds  received  in 
action  and  were  retired  as  en- 
listed men  to  receive  benefit  of 
section 339c 

Same — Former  officer  who  re- 
signed or  was  discharged  on 
account  of  disability  con- 
tracted in  line  of  duty  and  has 
been  retired  as  enlisted  man 
to  receive  benefit  of  section 339d 

Same — Retirement  of  Bernard 
A.  Schaaf,  late  a  lieutenant 
of ;  credit  for  continuous  serv- 
ice   339e 

Porto  Rico  Regiment  of  Infan- 
try   341a-348a 

Organisation  same  as  Infantry 


Par. 

Citizenship  of  enlisted  person- 
nel, and  term  of  enlistment 343a 

Colonel  to  be  detailed  from  In- 
fantry arm 34.5a 

Vacancies  in  grades  of  lieu- 
tenant colonel  and  major,  how 
filled;  captains  and  lieuten- 
ants eligible  for  details,  trans- 
fers, etc 345b 

Permanent  captains  in,  to  be 
recommissioned  as  captains 
of  Infantry,  United  States 
Army 346a 

Same — Lineal  and  relative  rank 
as  captains  of  Infantry 346b 

Same — Commissioned  service  to 
be  counted  in  determining 
lineal  and  relative  rank 346c 

Lineal  and  relative  rank  of  offi- 
cers who  held  commissions  !n 
the  Provisional  Regiment  on 
June  30,  1908 -_ 346d 

Second  lieutenants,  appointment 
of 347a 

Promotion  to  fill  vacancies  be- 
tween grades  of  second  lieu- 
tenant and  colonel 348a 


regiment  of  Regular  Army —  341a 

329a.  Composition  of  the  AvTriy  of  the  United  States. — The  Army 
of  the  United  States  shall  consist  of  the  Regular  Army,  the  Volun- 
teer Army,  the  Officers'  Reserve  Corps,  the  Enlisted  Reserve  Corps, 
the  National  Guard  while  in  the  service  of  the  United  States,  and 
such  other  land  forces  as  are  now  or  may  hereafter  be  authorized 
by  law.*    See.  1,  Act  of  June  3, 1916  {39  Stat.  166) . 

^  There  is  but  one  Army  of  the  United  States,  and  every  organization,  bureau, 
officer,  and  man  in  the  military  service  Is  part  of  it.  The  Insi^ctor  General's 
Department,  as  well  as  all  other  staff  corps  and  departments  are  to  be  reorgan- 
ized out  of  the  Army  at  large  so  that  such  departments  may  properly  perform 
their  ever-increasing  functions.  The  primary  authority  for  providing  the 
necessary  staff  officers  in  the  increased  establishment  is  not  to  be  found  in  the 
use  of  reserve  officers  as  such,  but  in  the  power  to  appoint  necessary  officers 
under  the  National  Army  act.     (War  Dept.  Bui.  67,  Nov.  30,  1917.) 

A  commission  in  tlie  Regular  Army  is  a  permanent  one  carrying  with  it  the 
rights  of  retirement  and  can  be  temiinatefl  only  in  the  manner  provided  by  law. 
Commissions  in  the  National  Guard  (drafted  into  the  service  of  the  United 
States)  and  the  National  Army  are  for  the  period  of  the  emergency  and  can  be 
terminated  by  the  President  for  any  cause  which,  in  the  judgment  of  the  Presi- 
dent, would  promote  the  public  service,  or  upon  the  approved  finding  of  a  board 
of  officers  appointed  by  the  general  commanding  a  division  or  higher  tactical 
organization  or  territorial  department.  (Selective  service  act,  J.Iay  18,  1917,  sec, 
9.)  Commissions  in  the  Officers'  Reserve  Corps  are  for  a  period  of  five  years 
unless  sooner  terminated  in  the  discretion  of  the  President.  (National  defense 
act,  June  3, 1916,  sec.  37.)  As  to  provisional  appointments  as  second  lieutenant* 
in  the  Regular  Army,  see  section  23  of  the  National  Defense  Act,  supra. 

The  right  of  an  incumbent  of  a  military  oflice  to  resign  his  office  at  pleasure 
is  subject  to  certain  restrictions  growing  out  of  his  military  status.    Thus,  the 


MILITAKT  LAWS  OF  THE  UNITED  STATES,  1915.  67 

330a.  Tour  of  duty  of  officers  and  enlisted  men  in  Philippine 
Islands  and  the  Canal  Zone. — On  and  after  October  first,  nineteen 
hundred  and  fifteen,  no  officer  or  enlisted  man  of  the  Army  shall,  ex- 
cept upon  his  own  request,  be  required  to  serve  in  a  single  tour  of 
duty  for  more  than  two  years  in  the  Philippine  Islands,  nor  more 
than  three  years  in  the  Panama  Canal  Zone,  except  in  case  of  insur- 
rection or  of  actual  or  threatened  hostilities :  Provided  further^  That 
the  foregoing  provision  shall  not  apply  to  the  organization  known  as 
the  Philippine  Scouts.    Act  of  Mar,  ^,  1915  {38  Stat.  1078). 

331a.  Ccnnposition  of  Regular  Army. — The  Regular  Army  of  the 
United  States,  including  the  existing  organizations,  shall  consist 
of  sixty-four  regiments  of  Infantr^^  twenty-five  regiments  of  Cav- 
alry,^ twenty-one  regiments  of  Field  Artillery,  a  Coast  Artillery 
Corps,  the  brigade,  division,  army  corps,  and  army  headquarters, 
with  their  detachments  and  troops,  a  General  Staff  Corps,  an  Adju- 
tant General's  Department,  an  Inspector  General's  Department,  a 
Judge  Advocate  General's  Department,  a  Quartermaster  Corps,  a 
Medical  Department,  a  Corps  of  Engineers,  an  Ordnance  Depart- 
ment, a  Signal  Corps,  the  officers  of  the  Bureau  of  Insular  Affairs, 
the  Militia  Bureau,  the  detached  officers,  the  detached  noncommis- 
sioned officers,  the  chaplains,  the  Regular  Army  Reserve,  all  organ- 
ized as  hereinafter  provided,  and  the  following  as  now  authorized  by 
law :  The  officers  and  enlisted  men  on  the  retired  list ;  the  additional 
officers ;  the  professors,  the  Corps  of  Cadets,  the  general  Army  serv- 
ice detachment,  and  detachments  of  Cavalry,  Field  Artillery,  and 
Engineers,  and  the  band  of  the  United  States  Military  Academy ;  the 
post  noncom.missioned  staff  officers ;  the  recruiting  parties,  the  recruit 
depot  detachments,  and  unassigned  recruits ;  the  service  school  de- 
tachments; the  disciplinary  guards;  the  disciplinary  organizations; 
the  Indian  Scouts ;  and  such  other  officers  and  enlisted  men  as  are  now 
or  may  be  hereafter  provided  for.  See,  ^,  act  of  June  3^  1916  (39 
Stat.  166). 

(See  paragraphs  332d,  832e,  and  332f  for  the  remaining  provisions  of  this 
section. ) 

331b.  Increase  to  he  made  in  five  increments. — Except  as  otherwise 
specifically  provided  by  this  Act,  the  increases  in  the  commissioned 
and  enlisted  personnel  of  the  Regular  Army  provided  by  this  Act 
shall  be  made  in  five  annual  increments,  each  of  which  shall  be,  in 
each  grade  of  each  arm,  corps,  and  department,  as  nearly  as  practi- 

resignation  of  an  officer  under  charges  need  not  be  accepted.  Similarly,  the 
resignation  of  an  officer  in  time  of  war  may  be  refused.  (Dig.  Opin.  J.  A.  G., 
January,  1918.). 

^  For  authorization  for  provisional  organization  of  cavalry  into  field  artillery 
or  infantry  during  the  present  emergency  see  paragraplis  1071b  and  1071c, 
post 


68  MILITARY   LAWS   OF   THE   U KITED   STATES,   1915. 

cable,  one-fifth  of  the  total  mcrease  authorized  for  each  arm,  corps, 
and  department.  Officers  promoted  to  vacancies  created  or  caused 
by  the  addition  of  the  first  increment  shall  be  promoted  to  rank  from 
July  first,  nineteen  hundred  and  sixteen,  and  those  promoted  to 
vacancies  created  or  caused  by  the  second  increment  shall  be  pro- 
moted to  rank  from  July  first,  nineteen  hundred  and  seventeen; 
those  promoted  to  vacancies  created  or  caused  by  the  addition  of 
the  third  increment  shall  be  promoted  to  rank  from  July  first,  nine- 
teen hundred  and  eighteen;  those  promoted  to  vacancies  created  or 
caused  by  the  addition  of  the  fourth  increment  shall  be  promotedl 
to  rank  from  July  first,  nineteen  hundred  and  nineteen;  and  those 
promoted  to  vacancies  created  or  caused  by  the  addition  of  the  fifth 
increment  shall  be  promoted  to  rank  from  July  first,  nineteen  hundred 
and  twenty.    Sec.  ^4,  id.  182. 

331bj^.  Limitation  on  promotions  or  ap'pointm.ents  of  officers  to 
vacancies  caused  hy  second  increment. — No  part  of  this  appropria- 
tion shall  be  paid  to  any  officer  of  the  line  of  the  Army  who  shall 
be  appointed  or  promoted  in  violation  of  any  of  the  terms  next  here- 
inafter specified:  That  of  the  whole  number  of  officers  of  Cavalry, 
Field  Artillery,  Coast  Artillery  Corps,  Infantry,  and  of  Engineers 
serving  with  the  enlisted  force  of  the  Corps  of  Engineers  necessary 
to  fill  vacancies  created  or  caused  in  said  arms  of  the  service  by 
reason  of  the  second  increment,  authorized  in  said  arms  by  Act  of 
Congress  approved  June  third,  nineteen  hundred  and  sixteen,  not 
more  than  one-fourth  shall  be  appointed  or  promoted  until,  exclu- 
sive of  enlisted  men  belonging  to  said  arms  on  June  thirtieth,  nine- 
teen hundred  and  sixteen,  at  least  one- fourth  of  the  second  incre- 
ment of  enlisted  men  authorized  for  said  arms  h^  said  Act  shall 
have  been  enlisted ;  not  more  than  one-half  of  said  whole  number  of 
officers  shall  be  appointed  or  promoted  until  at  least  one-half  of 
said  increment  of  enlisted  men  shall  have  been  enlisted;  and  not 
more  than  three-fourths  of  said  whole  number  of  officers  shall  be 
appointed  or  promoted  until  at  least  three-fourths  of  said  incre- 
ment of  enlisted  men  shall  have  been  enlisted.  And  all  officers  pro- 
moted in  accordance  with  the  terms  of  this  proviso  shall  take  rank, 
respectively,  from  the  dates  on  which  their  promotions  shall  have 
become  lawful  under  the  terms  of  this  proviso.  Act  of  May  12, 1917 
(40  Stat.  U)' 

331c.'  31  ay  he  immediately  made  in  event  of  actual  or  threatened 
war. — In  the  event  of  actual  or  threatened  war  or  similar  emergency 
in  which  the  public  safety  demands  it  the  President  is  authorized  to 
immediately  organize  the  entire  increase  authorized  by  this  Act,  or 
so  much  thereof  as  he  may  deem  necessary,  and  when,  in  the  judg- 
ment of  the  President,  war  becomes  imminent,  all  of  said  organiza- 
tions that  shall  then  be  below  the  maximum  enlisted  strength  author- 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  69 

ized  by  law  shall  be  raised  forthwith  to  that  strength,  and  shall  be 
maintained  as  nearly  as  possible  thereat  so  long  as  war,  or  the  im- 
minence of  war,  shall  continue.  Sec.  2i^  act  of  June  S,  1916  {39 
Stat,  182), 

331cJ.  Immediately  raise,  organize,  officer,  and  equij?  all  increments 
at  7naximum  strength. — In  view  of  the  existing  emergency,  which 
demands  the  raising  of  troops  in  addition  to  those  now  available, 
the  President  be,  and  he  is  hereby,  authorized — 

Immediately  to  raise,  organize,  officer,  and  equip  all  or  such  num- 
ber of  increments  of  the  Regular  Army  provided  by  the  national 
defense  Act  approved  June  third,  nineteen  hundred  and  sixteen,  or 
such  parts  thereof  as  he  may  deem  necessary ;  to  raise  all  organiza- 
tions of  the  Regular  Army,  including  those  added  by  such  incre- 
ments, to  the  maximum  enlisted  strength  authorized  by  law.  Par.  1, 
Sec.  1,  Act  of  May  18, 1917  {1^0  Stat.  76). 

(For  provision  authorizing  the  raising  of  the  enlisted  men  necessary  to 
maintain  the  organizations  of  the  Regular  Army  at  their  maximum  legal 
strength  by  voluntary  enlistment  or  by  selective  draft,  see  paragraph  1G37, 
post. ) 

331cJ.  Same — Filling  of  vacancies  caused  hy  increase;  termination 
of  pi'ovisional  appointments. — Vacancies  in  the  Regular  Army  cre- 
ated or  caused  by  the  addition  of  increments  as  herein  authorized 
which  can  not  be  filled  by  promotion  may  be  filled  by  temporary^ 
appointment  for  the  period  of  the  emergency  or  until  replaced  by 
permanent  appointments  or  by  provisional  appointments  made  under 
the  provisions  of  section  t^venty-three  ^  of  the  national  defense  Act, 
approved  June  third,  nineteen  hundred  and  sixteen,  and  hereafter 
provisional  appointments  under  said  section  may  be  terminated  when- 
ever it  is  determined,  in  the  manner  prescribed  by  the  President, 
that  the  officer  has  not  the  suitability  and  fitness  requisite  for  per- 
manent appointment..'    Id. 

(For  par.  2  of  this  section,  see  pars.  1339p  knd  i339q,  post.) 

^  The  President  has  complete  power  to  discharge  any  temporary  officer  of 
the  Regular  Army  holding  appointment  under  section  1  of  the  act  of  May 
18,  1917.  Commanding  generals  may  appoint  military  boards  to  pass  upon 
the  capacity  and  fitness  of  such  officer,  whose  findings  may  be  laid  before 
the  President  for  such  action  as  he  sees  fit.  (Sees.  1  and  9  of  act  of  May  18, 
1917;  subpar.  2  of  par.  7,  G.  O.  76,  c.  s.)  But  the  President  may  discharge 
provisional  officers  appointed  under  section  23  of  the  national-defense  act  of 
June  3,  1916,  only  after  due  investigation,  such  as  is  provided  for  in  paragraph 
7,  ih  O.  76,  c.  s.     (War  Dept.  Bull.  72,  Dec.  24,  1917.) 

'  Paragraph  918a,  post,  or  39  Stat.  181. 

^  Under  section  1  of  the  selective  draft  act  the  President  is  given  power  to 
terminate  provisional  appointments  whenever  it  is  determined  that  the  officer 
i.s  unfit  for  permanent  appointment.  G.  O.  76,  W.  D.,  June  26,  1917,  lays  down 
the  rules  prescribed  by  the  President  for  determining  the  fitness  of  such 
olHcers.  The  procedure  therein  prescribed  must  be  followed.  (War  Dept.  Bui. 
72,  Dec.  24,  1917.) 

The  term  "  temporary  promotion,"  as  used  in  the  National  Army  act  of  May 
18,  1917,  and  in  section  114,  national-defense  act  of  June  3,  1916,  contemplates 
promotion  as  ordinarily  understood  in  military  legislation.    Temporary  promo- 


70  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

331d.  VacaThcies  m  grade  of  second  lieutenant  caused  hy  increase^ 
how  -filled. — Vacancies  in  the  grade  of  second  lieutenant,  created  or 
caused  by  the  increases  due  to  this  Act,  in  any  fiscal  year  shall  be 
filled  by  apointment  in  the  following  order:  (1)  Of  cadets  grad- 
uated from  the  United  States  Military  Academy  during  the  pre- 
ceding fiscal  year  for  whom  vacancies  did  not  become  available 
during  the  fiscal  year  in  which  they  were  graduated;  (2)  under 
the  provisions  of  existing  law,  of  enlisted  men,,  including  officers  of 
the  Philippine  Scouts,  whose  fitness  for  promotion  shall  have  been 
determined  by  competitive  examination;  (3)  of  members  of  the 
Officeps'  Reserve  Corps  between  the  ages  of  twenty-one  and  twenty- 
seven  years;  (4)  of  commissioned  officers  of  the  National  Guard 
between  the  ages  of  twenty-one  and  twenty-seven  years;  (5)  of 
such  honor  graduates,  between  the  ages  of  twenty-one  and  twenty- 
seven  years,  of  distinguished  colleges  as  are  now  or  may  hereafter 
be  entitled  to  preference  by  general  orders  of  the  War  Department ; 
and  (6)  of  candidates  from  civil  life  between  the  ages  of  twenty- 
one  and  twenty-seven  years ;  and  the  President  is  authorized  to  make 
the  necessary  rules  and  regulations  to  carry  these  provisions  into 
effect.^    Sec.  2^,  act  of  June  S,  19 IG  {39  Stat.  18'2), 

(See  pars.  918  and  918a.) 

331dJ.  Appointments  to  fill  vacancies  in  grade  of  second  lieutenant^ 
order  of  appointment. — The  first  part* of  the  second  paragraph  of  sec- 
tion twenty-four  of  the  Act  entitled  "An  Act  for  making  further  and 
more  effectual  provision  for  the  national  defense,  and  for  other  pur- 
poses," approved  June  third,  nineteen  hundred  and  sixteen,  down  to 

tion  by  seniority  contemplates  that  the  appointing:  power  shall  be  satisfied  that 
the  officer  about  to  be  promoted  is  qualified.  No  officer  is  entitled  to  pro- 
motion regardless  of  his  qualifications.  Failure  of  an  officer  to  discharge 
the  duties  of  a  higher  grade  in  the  National  Army  may  and  should  be  regarded 
by  the  President  as  satisfactory  evidence  of  his  disqualification  to  perform 
the  duties  of  the  same  grade  in  the  Regular  Army.  It  is  within  the  power 
of  the  War  Department  to  prescribe  how  long  an  ofHcer  who  has  dejnonstrated 
his  disqualification  for  higher  command  in  the  National  Army  shall  remain 
ineligible  for  temporary  promotion  in  the  Regular  Army  and  upon  what  con- 
ditions he  shall  become  eligible  for  such  promotion.  (War  Dept.  Bui.  75,  Dec. 
31,  1917.) 

^  Heldy  that  both  the  examination  and  the  appointment  must  come  within  the 
age  limits  specified  by  the  statute,  and  that  an  applicant  who  failed  in  an 
examination  was  not  eligible  for  a  reexamination  and  api>ointment  after  he  had 
passed  the  maximum  age  limit.     (War  Dept.  Bull.  57,  Dec.  22,  1916.) 

Inquiry  was  made  whether  commissioned  officers  of  the  National  Guard  Re- 
.serve  are  included  in  the  expression  "  commissioner  officers  of  the  National 
Guard,"  designated  by  section  24  of  the  national-defense  act  as  the  fourth 
class  in  the  order  of  appointment  to  vacancies  in  the  grade  of  second  lieutenant. 

Held,  that  section  69,  relating  to  the  period  of  enlistment,  and  section  70, 
prescribing  the  oath  of  enlistment,  as  well  as  other  sections  of  the  national- 
defense  act,  indicate  clearly  that  the  term  "  National  Guard "  includes  an 
active  and  a  reserve  force,  and  that  unless  the  context  indicates  a  different 
meaning  the  term  "  National  Guard "  should  be  construed  as  including  the 
National  Guard  Reserve.  The  question  was  answered  in  the  affirmative. 
(War  Dept.  Bull.  15,  Mar.  24,  1917.) 


MILITABY  LAWS  OP  THE  UNITED  STATES^  1915.  71 

the  first  proviso  in  said  paragraph,  be,  and  the  same  is  hereby  amended 
to  read  as  follows: 

"  Vacancies  in  the  grade  of  second  lieutenant  created  or  caused  by 
the  increases  due  to  this  Act,  in  any  fiscal  year  shalLbe  filled  by  ap- 
pointment in  the  following  order:  (First)  Of  cadets  graduated  from 
the  United  States  Military  Academy  during  the  preceding  fiscal  year 
for  whom  vacancies  did  not  become  available  during  the  fiscal  year 
in  which  they  graduated;  (second)  under  the  provisions  of  existing 
law  of  enlisted  men,^  including  officers  of  Philippine  Scouts,^  between 
the  ages  of  twenty-one  and  thirty-four  years,  whose  fitness  for  pro- 
motion shall  have  been  determined  by  competitive  examination; 
and  of  members,  including  officers,  of  the  Organized  Militia,  the 
National  Guard,  or  Naval  Militia,  between  the  ages  of  twenty-one 
and  thirty-four  years  who  have  had  at  least  ninety  days  actual  Fed- 
eral military  service  under  any  call  of  the  President  during  the 
calendar  year  nineteen  hundred  and  sixteeen,  and  whose  fitness  for 
promotion  shall  have  been  determined  by  examination;*  (third)  of 
members  of  the  Officers'  Reserve  Corps  between  the  ages  of  twenty- 
one  and  twenty-seven  years,  of  distinguished  colleges  as  are  now  or 
may  hereafter  be  entitled  to  preference  by  general  orders  of  the  War 
Department;  and  (sixth)  of  candidates  from  civil  life  between  the 

*Two  enlisted  men  were  discharged  to  enable  them. to  accept  commissions. 
They  were  then  appointed  second  lieutenants,  without  knowledge  that  they  were 
below  the  statutory  age.  Held,  That  such  discharge  from  military  service,  un- 
less it  was  obtained  by  fraud,  is  final  and  cannot  be  amended  or  revoked ;  that 
the  appointment  to  the  office  of  second  lieutenant,  having  been  completed,  can- 
not be  rescinded  by  the  appointing  authority ;  and  hence  the  appointees  can  be 
removed  only  by  resorting  to  the  procedure  established  by  law  for  the  removal 
of  officers ;  that  the  fact  that  such  appointees  were  under  the  age  of  21  in  no 
way  impeaches  their  right  to  hold  tlie  offi.ces  to  which  they  were  appointed,  the 
matter  of  their  eligibility  having  been  foreclosed  by  the  action  of  the  appointing 
power.     (Dig.  Opin,  J.  A.  G.,  January,  1918.) 

*An  officer  in  the  Philippine  Scouts,  with  the  permission  of  the  examining 
board,  took  and  passed  the  examination  for  appointment  as  a  provisional  second 
lieutenant,  at  a  time  when  he  was  ineligible  to  take  such  examination  because  he 
had  completed  only  ten  months  of  the  one  year  of  service  required  by  law. 
Held,  that  such  examination  can  be  acceptecl  as  the  basis  for  his  appointment 
after  he  has  completed  his  one  year  of  service.  The  time  of  taking  tlie  examina- 
tion is  not  important,  if  the  period  intervening  between  the  date  of  examination 
and  the  date  of  induction  into  office  be  not  so  great  that  a  change  in  the  quali- 
fications of  the  candidate  is  likely  to  result  in  the  interim.     {Id.) 

^  Held,  that  a  person  who  had  been  discharged  from  the  National  Guard  jmd 
Isad  Entered  a  training  camp  as  a  candidate  for  a  commission  was  not  eligible  for 
appointment  as  a  second  lieutenant  under  the  said  provision,  as  the  qualification 
of  membership  in  the  National  (xuard  must  exist  at  the  date  of  appointment. 

Held  further,  that  a  National  Guard  enlisted  man  furloughed  to  the  National 
CJuard  Reserve  was  eligible  for  appointment  under  the  said  provision  as  he  con- 
tinued to  be  a  member  of  the  National  Guard. 

Held  further,  that  no  person  is  eligible  as  a  member  of  the  National  Guard 
for  appointment  as  a  provisional  second  lieutenant  in  the  Regular  Army  under 
section  24  of  the  national-defense  act  as  amended  by  act  of  May  12,  1917,  unless 
he  is  a  member  of  the  National  Guard  at  the  date  of  appointment.  It  is  imma- 
terial that  they  were  members  of  National  Guard  at  date  of  examination.  (War 
Dept.  Bull.  67,  Nov.  30,  1917.) 


72 

ages  of  twenty-one  and  twenty-seven  years;  and  the  President  is 
authorized  to  make  the  necessary  rules  and  regulations  to  carry  these 
provisions  into  effect."  Act  of  May  12, 1917  {40  Stat.  4i) ,  amending 
sec.  U,  ^ct  of  June  S,  1916  {S9  Stat.  182) . 

331d^.  Waiver  of  age  li7nit  of  candidates  for  second  lieutenant. — 
The  President  be,  and  he  is  hereby,  authorized  to  waive  the  age  limit 
in  all  cases  where  the  candidate  for  second  lieutenant,  who  being 
within  the  maximum  age  limit  at  the  date  of  examination  has  passed 
or  may  pass  the  examination,  and  who  has  become  or  may  become 
ineligible  on  account  of  age  before  the  date  of  his  appointment ;  and 
to  appoint  such  candidate  with  rank  from  the  same  date  as  other 
candidates  of  like  class  who  have  been  or  may  be  appointed  as  the 
result  of  the  same  examination:  Provided,  That  such  appointment 
is  made  within  one  year  from  the  date  of  such  examination.  Act  of 
May  12,  1917  {Jfi  Stat.  73),  amending  Sec.  24,  Act  of  June  3,  1916 
{39  Stat.  182). 

331e.  Same — Vacancies  not  filled  on  graduation  of  cadet  class; 
vacancies  not  caused  hy  increase  to  he  filled  under  existing  law. — 
Any  such  original  vacancies  not  so  filled,  and  remaining  at  the  time 
of  graduation  of  any  class  at  the  United  States  Military  Academy, 
may  be  filled  by  the  appointment  of  members  of  that  class ;  and  all 
vacancies  in  the  grade  of  second  lieutenant  not  created  or  caused  by 
the  increases  due  to  this  Act^  shall  be  filled  as  provided  in  the  Act 
making  appropriation  for  the  support  of  the  Army,  approved  March 
third,  nineteen  hundred  and  eleven.  Sec,  24,  act  of  June  3,  1916 
{39  Stat.  182). 

(See  par.  918,  post.) 

331f.  Enlisted  men  who  have  completed  one  year'^s  service  may 
'become  candidates  for  vacancies  caused  hy  increase. — Enlisted  men 
of  the  Regular  Army  who  have  completed  one  year's  service  with  an 
organization  may  become  candidates  for  vacancies  in  the  grade  of 
second  lieutenant  created  or  caused  by  the  increases  due  to  the  opera- 
tion of  this  Act.^    Id.  183.' 

(See  par.  786a  for  next  proviso  of  this  section.) 

33 Ig.  Lineal  and  relative  rank  of  second  Ueuteruinis  appointed  to 
original  vacancies  created  hy  this  Act. — Officers  appointed  to  origrnal 

^A  man  who  has  completed  one  year's  service  in  the  National  Army  may  be- 
come a  candidate  to  fill  a  vacancy  in  the  grade  of  second  lieutenant  in  the 
Regular  Army  created  or  caused  by  the  increase  due  to  the  operation  of  the  act 
of  June  3,  1916,  but  not  for  a  vacancy  not  so  caused.  The  phrase  "  except  as 
to  promotions  "  in  sec.  2  of  act  of  May  18,  1917,  applies  exclusively  to  officers. 
(War  Dept.  Bull.  67,  Nov.  80,  1917.) 

'^Held,  That  the  service  as  an  officer  of  the  Philippine  Scouts  would  confer 
eligibility  within  the  meaning  of  the  statute  quoted,  upon  the  reenlistment 
of  the  men.     (War  Dept.  Bui.  47,  Nov.  16,  1916.) 

Held,  That  the  statute  contemplates  one  year's  service  in  the  Army  and  that 
the  officer  of  the  Philippine  Scouts  was  not  qualified  by  reason  of  liis  service 
in  the  Marine  Corps.     (War  Dept.  Bull.  57,  Dec.  22,  1916.) 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  73 

vacancies  in  the  grade  of  second  lieutenant  created  or  caused  by  this 
Act  shall  take  lineal  and  relative  rank  according  to  dates  of  appoint- 
ment, and  the  lineal  and  relative  rank  of  second  lieutenants  ap- 
pointed on  the  same  date  shall  be  determined  under  such  regula- 
tions as  the  Secretary  of  War  may  prescribed.^    Id. 

(See  paragraph  786a  for  the  proviso  preceding  this  paragraph,  and  para- 
graphs 931a,  930a,  930b,  961a,  and  958a  for  the  remaining  provisions  of  this 
section. ) 

331h.  Saving  clause, — Nothing  in  this  Act  shall  be  held  or  con- 
strued so  as  to  discharge  any  officer  from  the  Regular  Army  or  to 
deprive  him  of  the  commission  which  he  now  holds  therein.  Sec, 
127,  id.  217. 

3311.  Repealing  clause. — All  laws  and  parts  of  laws  in  so  far  as 
they  are  inconsistent  with  this  Act  are  hereby  repealed.    Sec.  128,  id. 

332a.  Excessive  enlistrrient  of  recruits  to  supply  trained  men  for 
organizations  serving  outside  limits  of  United  States. — To  fill  va- 
cancies occurring  from  time  to  time  in  the  several  organizations  serv- 
ing without  the  limits  of  the  United  States  with  trained  men  the 
President  is  authorized  to  enlist  recruits  in  numbers  equal  to  four 
per  centum  in  excess  of  the  total  strength  authorized  for  such  organi- 
zations.   Sec.  29,  act  of  Feb.  2, 1901  {31  Stat.  766). 

332b.  Increase  of  organizations  to  maximum  strength  in  an  emer- 
gency. — When  in  the  judgment  of  the  President  an  emergency  arises 
which  makes  it  necessary,  all  organizations  of  the  Army  which  are 
now  below  the  maximum  enlisted  strength  authorized  by  law  shall 
be  raised  forthwith  to  that  strength  and  shall  be  maintained  as 
nearly  as  possible  thereat  so  long  as  the  emergency  shall  continue. 
Joint  resolution  of  Mar.  17,  1916  {39  Stat.  36). 

332c.  Same — TJnassigned  recruits,  not  to  exceed  five  per  centum  of 
total  enlisted  strength,  not  to  he  counted. — The  total  enlisted  strength 
of  any  of  said  arms  of  the  service  shall  not  include  unassigned  re- 
cruits therefor  at  depots  or  elsewhere,  but  such  recruits  shall  at  no 
time  exceed  by  more  than  five  per  centum  the  total  enlisted  strength 
prescribed  for  such  arms ;  and  the  enlisted  men  now  or  hereafter  au- 
thorized by  law  for  other  branches  of  the  military  service  shall  be 
provided  and  maintained  without  any  impairment  of  the  enlisted 
strength  prescribed  for  any  of  said  arms.     Id. 

: 5 • 

^  Held,  That  the  former  statute  was  not  modified  by  the  latter  provision  and 
that  the  persons  appointed  provisional  second  lieutenants  to  fill  vacancies 
created  or  caused  by  the  act  of  June  8,  1916,  and  who  have  had  commissioned 
service  in  the  National  Guard  in  the  service  of  the  United  States  or  in  the 
Philippine  Scouts  are  entitled,  under  sec.  1219,  Revised  Statutes,  to  have  the 
time  so  served  as  commissioned  officers  taken  into  account  in  fixing  their  rela- 
tive and  lineal  rank. 

Held  further.  That  the  benefit  of  former  commissioned  service  under  sec. 
1219  of  the  Revised  Statutes  is  effective  only  within  the  class  from  which  the 
appointee  is  selected,  since  sec.  24  creates  an  order  of  in'eference  in  which 
appointments  are  made  which  is  not  disturbed  by  the  provisions  of  sec.  1219, 
Revised  Statutes.     (War  Department  Bull.  57,  Dec.  22,  1916.) 


74  MILITARY  LAWS  OF   THE  UNITED   STATES,  1915. 

332d.  Enlisted  personnel  of  organizations  of  Regular  Army  to  he 
maintained  not  helow  minhnum  strength. — Hereafter  the  enlisted 
personnel  of  all  organizations  of  the  Regular  Army  shall  at  all  times 
be  maintained  at  a  strength  not  below  the  minimum  strength  fixed 
by  law.    See,  2,  act  of  June  S,  1916  {39  Stat.  166). 

(See  paragraph  331a  for  tlie  preceding  provision  of  this  section.) 

332e.  Enlisted  strength  of  the  line  of  the  Army.,  rrvaximum. — Thd 
total  enlisted  force  of  the  line  of  the  Regular  Army,  excluding  the 
Philippine  Scouts  and  the  enlisted  men  of  the  Quartermaster  Corps, 
of  the  Medical  Department,  and  of  the  Signal  Corps,  and  the  un- 
assigned  recruits,  shall  not  at  any  one  time,  except  in  the  event  of 
actual  or  threatened  war  or  similar  emergency  in  which  the  public 
safety  demands  it,  exceed  one  hundred  and  seventy-five  thousand 
men.    Id. 

332f.  Same — TJnassigned  recruits  not  to  exceed  seven  per  centum 
of  authorized  strength. — The  unassigned  recruits  at  depots  or  else- 
where shall  at  no  time,  except  in  time  of  war,  exceed  by  more  than 
seven  per  centum  the  total  authorized  enlisted  strength.    Id^ 

332g.  Enlisted  strength  to  he  exclusive  of  soldiers  sentenced  to  dis- 
honorahle  discharge. — The  authorized  enlisted  strength  of  the  Army 
and  of  organizations  thereof  shall  be  exclusive  of  soldiers  under 
sentences  which  include  confinement  and  dishonorable  discharge.^ 
Act  of  Apr.  27, 19U  {38  Stat.  35^). 

RETIREMENT   OF   OFFICERS   OF  PHILIPPINE    SCOUTS. 

339a.  Retirement  of  captains  and  lieutenants  of  Philippine  Scouts 
who  a7'e  citizens  of  the  United  States. — Captains  and  lieutenants  of 
Philippine  Scouts  who  are  citizens  of  the  United  States  shall  here- 
after be  entitled  to  retirement  under  the  laws  governing  the  retire- 
ment of  enlisted  men  of  the  Regular  Army,  except  that  they  shall 
be  retired  in  the  grade  held  by  them  at  the  date  of  retirement,  shall 
be  entitled  to  retirement  for  disability  under  the  same  conditions  as 
officers  of  the  Regular  Army,  and  that  they  shall  receive,  as  retired 
pay,  the  amounts  allowed  by  law,  as  retired  pay  and  allowances,  of 
master  signal  electricians  of  the  United  States  Army,  and  no  more. 
Sec.  26,  act  of  June  3, 1916  {39  Stat.  185). 

339b.  Same — Double  time  for  service  heyond  continental  limits  of 
United  States  not  to  he  counted  for  purpose  of. — Double  time  for 
service  beyond  the  continental  limits  of  the  United  States  shall  npt 
be  counted  for  the  purposes  of  this  section  so  as  to  reduce  the  actual 
period  of  service  below  twenty  years.     Id. 

339c.  Same — Former  officers  who  resigned  or  were  discharged  on 
account  of  wou^nds  received  in  action  and  were  retired^as  enlisted 

*  See  paragraph  1049. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  75 

rroen  to  receive  'benefit  of  section. — Former  officers  of  the  Philippino 
Scouts  who,  because  of  disability  occasioned  by  wounds  received  in 
action,  have  resigned  or  been  discharged  from  the  service,  or  who 
have  heretofore  served  as  such  for  a  period  of  more  than  five  years 
and  have  been  retired  as  enlisted  men,  shall  be  placed  upon  tlie  re- 
tired list  as  officers  of  Philippine  Scouts  and  thereafter  receive  the 
retired  pay  and  allowances  provided  by  this  section  for  other  ofTiccrs 
of  Philippine  Scouts.    Id, 

339d.  Same — Forrrver  officer  who  resigned  or  was  discharged  on, 
account  of  disability  contracted  in  line  of  duty  and  has  been  retired^, 
as  enlisted  man  to  receive  benefit  of  section. — Any  former  officer  of 
Philippine  Scouts  who  vacated  his  office  in  the  Philippine  Scouts  by 
discharge  or  resignation  on  account  of  disability  contracted  in  the 
line  of  duty  and  who  was  subsequently  retired  as  an  enlisted  man, 
except  any  former  officer  of  Philippine  Scouts  who  has  been  retired 
as  an  enlisted  man  by  special  Act  of  Congress,  shall  be  trans f erred  to 
the  retired  list  created  by  this  section  and  shall  thereafter  receive 
the  retired  pay  and  allowances  authorized  by  this  section,  and  no 
more.  Officers  of  Philippine  Scouts  retired  under  the  provisions  of 
this  section  shall  not  form  part  of  the  limited  retired  list  ivow  au- 
thorized by  law.    Id. 

339e.  Sam£ — Retirement  of  Bernard  A.  Scha^af^  late  a  lleiu'enant 
of;  credit  for  continuous  service. — The  President  of  the  Uiiited 
States  is  hereby  authorized  to  place  Bernard  A.  Schaaf,  formerly 
first  sergeant  of  Company  K,  Eighth  Regiment  United  Stales  In- 
fantry, and  later  a  lieutenant  of  Philippine  Scouts,  on  the  retired  list 
of  the  Army  with  the  rank,  pay,  and  allowance  of  a  master  signal 
electrician:  Provided,  That  in  computing  the  soldier's  pay  credit 
shall  be  given  for  all  his  continuous  service  in  the  Army.  Act  of 
Feb,  8, 1917  {39  Stat.  900) . 

POETO  RICA  REGIMENT  OF  INFANTRY. 

341a.  Organization  same  as  Infanti^j  regiment  of  Regular  Army. —  . 
The  Porto  Rico  Regiment  of  Infantry  of  the  United  States  Army 
shall  hereafter  have  the  same  organization,  and  the  same  grades  and 
numbers  of  commissioned  officers  and  enlisted  men,  as  are  by  this 
Act  or  shall  hereafter  be  prescribed  by  law  for  other  regiments  of 
Infantry  of  the  Army.^    Sec.  21,  act  of  June  S,  1916  {39  Stat.  180) . 

^The  Porto  Rico  Regiment  of  Infantry  is  a  component  part  of  the  Regular 
Army.  Consequently,  temporary  vacancies  therein  resulting  from  the  apix»iut- 
inent  of  oflicers  to  higher  grades  in  tlie  forces  other  than  the  Regular  Army 
are  to  be  filled,  as  provided  by  section  8  of  the  act  of  May  18,  1917,  by  tem- 
porary promotions  and  appointments  according  to  seniority  in  rank  of  officers 
holding  commissions  in  the  next  lower  in  said  regiment.  (War  Dept,  Bull.  75, 
Dec.  31,  1917.)  ' 


76  MILITARY  LAWS  OF   THE   UNITED   STATES,  1915. 

343a.  Citizenship  of  enlisted  personnel,  and  term  of  enlist?nent. — 
All  men  hereafter  enlisting  in  said  regiment  shall  be  natives  of 
Porto  Rico.  All  enlistments  in  the  regiment  shall  hereafter  be  the 
samxC  as  is  provided  herein  for  the  Regular  Army,  and  the  regiment, 
or  any  part  thereof,  may  be  ordered  for  service  outside  the  island  of 
Porto  Rico.  The  pay  and  allowances  of  members  of  said  regiment 
shall  be  the  same  as  provided  by  law  for  officers  and  enlisted  men  of 
like  grades  in  the  Regular  Army.     Id.  181, 

345a.  Colonel  to  he  detailed  from  Infantry  arm. — The  colonel  of 
said  regiment  shall  be  detailed  by  the  President,  from  among  officers 
of  Infantry  of  the  Army  not  below  the  grade  of  lieutenant  colonel, 
for  a  period  of  four  years  unless  sooner  relieved.    Id. 

345b.  Vacancies  in  grades  of  lieutenant  colonel  and  major,  how 
filled;  cajytains  arid  lieutenants  eligible  for  details,  transfers,  etc. — 
Vacancies  created  by  this  Act  in  the  grades  of  lieutenant  colonel  and 
major  in  said  regiment  shall  be  filled  by  appointments  from  the 
senior  captains  in  regimental  rank  of  the  Porto  Rico  regiment  men- 
tioned in  the  Act  of  March  fourth,  nineteen  hundred  and  fifteen ;  * 
and  captains  and  lieutenants  of  said  regiment  shall  also  be  eligible 
for  such  detached  service,^  transfer,  or  assignment  to  duty  with  other 
organizations  as  may  be  approved  by  the  Secretary  of  War;  but 
vacancies  created  by  such  detachment  of  officers  shall  not  be  filled 
by  promotions  or  appointments.    Id. 

346a.  Permanent  captains  in,  to  he  recom/fnissioned  as  captains  of 
Infantry,   United  States  Army. — The  permanent  captains  of  the 

*  See  paragraphs  346a,  346b,  and  346c,  post. 

'  Upon  reference  to  the  Judge  Advocate  General  for  opinion  as  to  the  eligibil- 
ity of  a  first  lieutenant  of  the  Porto  Rico  Regiment  of  Infantry  for  detail  as  a 
student  officer  in  the  Ordnance  Department  under  section  21  of  the  national^ 
defense  act  of  June  3,  1916,  providing  that  captains  and  lieutenants  of  said 
regiment  "  shall  also  be  eligible  for  such  detached  service,  transfer,  or  promo- 
tion to  duty  with  other  organizations  as  may  be  approved  by  the  Secretary  of 
War;  but  vacancies  created  by  such  appointments  of  officers  shall  not  be  filled 
by  promotions  or  appointments." 

Held,  that  as  section  12  of  the  same  act  clearly  contemplates  that  lieutenants 
detailed  as  student  officers  in  the  establishments  of  the  Ordnance  Department 
shall  be  eligible,  if  they  satisfactorily  complete  the  course  of  instruction,  for 
detail  to  fill  vacancies  in  the  Ordnance  Department  for  the  period  of  four 
years  and  for  redtail  for  like  periods  during  their  commissioned  service,  and 
provides  also  that  vacancies  resulting  from  details  to  vacancies  in  the  Ord- 
nance Department  shall  be  filled  by  promotion  or  appointment,  while,  as  to 
details  for  detached  service  of  captains  and  lieutenants  of  the  Porto  Rico 
Regiment  it  is  expressly  provided  that  they  shall  not  be  filled  by  promotion 
or  appointment,  it  must  be  held  that  such  officers  of  said  regiment  are  not 
eligible  for  detail  to  vacancies  in  the  Ordnance  Department  or  for  detail  as 
student  officers  in  the  ordnance  establishments  for  the  reason  that  such  de- 
tails contemplate  eligibility  for  subsequent  details  in  the  ordnance  estab- 
lishment. 

Held  further,  that  the  provisions  of  section  21  would  be  given  reasonable 
effect  by  limiting  their  operation  to  details  for  detached  service  other  than  the 
filling  of  vacancies  in  respect  to  w^hich  the  law  provides  that  details  thereto 
shall  create  vacancies  to  be  filled  by  promotion  or  appointment.  War  Dept. 
Bull.  18,  Apr.  6,  1917.) 


MILITARY  LAWS  OF   THE  UIHTED  STATES,  1915.  77  ' 

Porto  Rico  Regiment  of  Infantry  now  holding  commissions  as  such 
in  said  regiment  shall  be  recommissioned  as  captains  of  Infantry  of 
the  United  States  Army,  to  take  rank  on  the  lineal  list  of  officers 
of  Infantry  immediately  after  the  junior  officers  of  the  same  grade 
whose  total  commissioned  service  equals  or  exceeds  theirs.  Act  of 
Mar.  4, 1915  {38  Stat.  1070) . 

346b.  Same — Lineal  and  relative  rank  as  captains  of  Infantry. — 
Those  officers  of  the  Porto  Rico  Regiment  of  Infantry,  recommis- 
sioned as  captains  of  Infantry,  whose  total  commissioned  service  is 
less  than  that  of  any  officer  of  Infantry  of  the  next  lower  grade,  shall 
not  advance  on  the  lineal  list  of  captains  of  Infantry,  nor  on  the  rela- 
tive list  of  officers  of  the  United  States  Army,  until  such  time  as 
there  no  longer  remains  on  the  lineal  list  of  officers  of  Infantry  any 
officer  of  the  next  lovver  grade  of  equal  or  greater  length  of  total 
commissioned  service  and  shall  take  rank  in  the  grade  of  captain  on 
the  lineal  list  of  officers  of  Infantry  and  on  the  relative  list  of  officers 
of  the  United  States  Army  immediately  after  the  juniors  in  rank 
of  such  officers  of  Infantry  of  equal  or  greater  total  commissioned 
service.    Id. 

346c.  Saine — C ommdssioned  service  to  he  counted  in  determining 
lineal  and  relative  rank. — For  the  purpose  of  this  act  total  commis- 
sioned service  shall  include  commissioned  service  in  the  Regular 
Army,  in  the  Volunteers,  in  the  Porto  Rico  Provisional  Regiment 
of  Infantry,  and  in  the  Porto  Rico  Regiment  of  Infantry,  and  that 
the  commissioned  service  of  those  officers  of  the  Porto  Rico  Regiment 
of  Infantry  who  were  officers  of  the  Porto  Rico  Provisional  Regi- 
ment of  Infantry,  shall  be  counted  as  continuous  and  uninterrupted 
between  the  twenty-ninth  day  of  June,  nineteen  hundred  and  eight, 
and  the  thirty-first  day  of  December,  nineteen  hundred  and 
eight.     Id. 

346d.  Lineal  and  relative  rank  of  officers  who  held  commissions  in 
the  Provisional  Regiment  on  June  30^  1908. — Officers  of  the  Porto 
Rico  Regiment  of  Infantry,  United  States  Army,  who  held  commis- 
sions in  the  Porto  Rico  Provisional  Regiment  of  Infantry  on  J[.une 
thirtieth,  nineteen  hundred  and  eight,  shall  now  and  hereafter  take 
rank  in  their  grades  in  the  same  relative  order  held  by  them  in  said 
Porto  Rico  Provisional  Regiment  of  Infantry  on  June  thirtieth, 
nineteen  hundred  and  eight,  subject  to  any  loss  in  rank  due  to  failure 
to  pass  examinations  for  promotion  or  to  sentence  of  court-martial. 
Sec.  21,  act  of  June  3, 1916  {39  Stat.  181). 

347a.  Second  lieutenants,  appointment  of. — Vacancies  created  by 
this  Act  or  occurring  hereafter  in  the  grade  of  second  lieutenant  in 
said  regiment  shall  be  filled  during  any  calendar  year  by  the  appoint- 
ment by  the  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  of  any  native  of "  Porto  Rico  graduated  from  the  United 


78  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

States  Military  Academy,  and,  after  such  appointment  shall  have 
been  made  or  provided  for,  by  like  appointment  of  native  citizens  of 
Porto  Rico  between  twenty-one  and  twenty-seven  years  of  age.  Id, 
348a.  Promotion  to  fXl  vacancies  hetween  grades  of  second  lieu- 
tenant  and  colonel. — All  vacancies  created  by  this  Act  or  occurring 
hereafter  in  commissioned  offices  of  said  regiment  above  the  grade 
of  second  lieutenant  and  below  the  grade  of  colonel  shall,  except  as 
hereinafter  provided  to  the  contrary,  be  filled  by  promotion  accord- 
ing to  seniority  in  the  several  grades  and  within  the  regiment,  sub- 
ject to  the  examination  prescribed  by  section  three  of  the  Act  of  Con- 
gress approved  October  first,  eighteen  hundred  and  ninety,^  and  said 
section  is  hereby  extended  so  as  to  apply  in  the  cases  of  all  officers 
below  the  grade  of  lieutenant  colonel,  who  shall  hereafter  be  ex- 
amined for  promotion  in  the  Porto  liico  Eegiment  of  Infantry, 
except  that  the  President  may  prescribe  such  a  system  of  examination 
for  the  promotion  of  officers  of  said  regiment  as  he  may  deem  ad- 
visable.   Id.  180. 

*  Paragraph  830,  or  26  Stat.  562. 


CHAPTER  XL 


GENERAL  OFFICERS  AND  AIDS. 

Par,  Par. 

General  officers  of  the  line  and                Generals    and    lieutenant    gen- 
staff 350a         erals,  number S50d 

Increase  in  number  of  general  Same — Pay  and  allowances 350e 

officers  of  the  line 350b 

Same — Officers  eligible  for  ap- 
pointment as,  in  time  of 
peace 350c 

350a.  General  officers  of  the  line  and  staff. — Officers  commissioned 
to  and  holding  in  the  Army  the  office  of  a  general  officer  shall  here- 
after be  known  as  general  officers  of  the  line;  officers  commissioned 
to  and  holding  in  the  Army  an  office  other  than  that  of  a  general 
officer,  but  to  which  the  rank  of  a  general  officer  is  attached,  shall  be 
known  as  general  officers  of  the  staff.  Sec.  Jj,^  Act  of  June  3,  1916 
{39  Stat.  167). 

350b.  Increase  in  number  of  general  officers  of  line. — The  number 
of  general  officers  of  the  line  now  authorized  by  law  is  hereby  in- 
creased by  four  major  generals  and  nineteen  brigadier  generals.    Id. 

350c.  Same — Officers  eligible  for  appointment  as,  in  time  of 
peace. — Hereafter  in  time  of  peace  major  generals  of  the  line  shall 
bo  appointed  from  officers  of  the  grade  of  brigadier  general  of  the 
line,  and  brigadier  generals  of  the  line  shall  be  appointed  from  officers 
of  the  grade  of  colonel  of  the  line  of  the  Regular  Army.    Id. 

350d.  Generals  and  lieutenants  general,  number. — Section  eight  of 
th?  act  entitled  "An  act  to  authorize  the  President  to  increase  tem- 
porarily the  military  establishment  of  the  United  States,"  approved 
May  18,  1917,  shall  be  held  and  construed  to  authorize  the  President, 
in  accordance  with  the  provisons  of  said  act  and  for  the  period  of 
the  existing  emergency  only,  to  appoint  as  generals  the  Chief  of 
Staff  and  the  commander  of  the  United  States  forces  in  France;  and 
as  lieutenant  general  each  commander  of  an  army  or  army  corps 

79 


80  MILITAEY   LAWS   OF   THE   UNITED   STATES,   1915. 

organized  as  authorized  by  existing  laws.     Sec.  3^  Act  of  Oct,  6, 1917 
{40  Stat.  ilO). 

(For  section  8,  act  of  May  18,  1917,  authorizing  the  temporary  appointment 
of  general  officers  in  the  National  Army  and  for  filling  vacancies  in  the  Regular 
Army  resulting  from  such  appointments,  see  pars.  1663  and  1664,  post.) 

350e.  Sanie — Pay  and  allowances. — The  pay  of  the  grades  of  gen- 
eral and  lieutenant  general  shall  be  $10,000  and  $9,000  a  year,  re- 
spectively, with  allowances  appropriate  to  said  grades  as  determined 
by  the  Secretary  of  War.    Id.^  J^ll, 

(For  the  ensuing  provisions  of  this  section  see  pars.  352a  and  373a,  post) 


CHAPTER   XII. 


EANK  AND  COMMAND— TACTICAL  AND  TERRITORIAL 
ORGANIZATIONS. 


Par. 

Relative  rank  of  Navy  and 
Army  officers 352a 

Relative  rank  —  Commissioned 
service  in  Marine  Corps  to 
be  considered  in  determining-     353a 

Composition  of  brigades,  divi- 
sions, and  corps 356a 

Brigade,  division,  and  corps  or- 
ganizations may  be  increased 
or  decreased 356b 

Composition  of  regiments  not  to 
be  increased  nor  number  of 
regiments  decreased 356c 

Additional  machine-gun  compa- 
nies for  Infantry  and  Cavalry 
brigades  and  divisions —     356d 

Armored  motor-car  machine-gun 
companies  for  divisions ;  com- 
position of 356e 


I*ar. 

Pay  to  clerks,  messengers,  and 
laborers  at  headquarters  of 
several  territorial  depart- 
ments, territorial  districts, 
tactical  divisions,  and  bri- 
gades, service  schools,  and 
office  of  the  Chief  of  Staff- 362a 

Same — Increased  pay  for  for- 
eign service,  employment  of 
Filipinos,  assignment  to  duty 
In  War  Department 362b 

Headquarters  clerks  to  be 
known  as  Array  field  clerks; 
rates  of  pay  for ;  subject  to 
Articles  of  War 362c 

Same — Employed  and  assigned 
by  Secretary  of  War;  not  to 
be  assigned  to  duty  in  War 
Department t362d 


352a.  Relative  rank  of  Navy  and  Army  o-fflcers. — Brigadier  gen- 
erals of  the  Army  shall  hereafter  rank  relatively  with  rear  admirals 
cf  the  lower  half  of  the  grade.  Sec.  3,  Act  of  Oct,  G,  1917  {40  Stat, 
411). 

(For  the  preceding  provisions  of  this  section  see  pars.  250d  and  250e,  ante, 
and  for  the  ensuing  provision  see  par  373a,  post.) 

353a.  Relative  rank — C omrnissioned  service  in  Marine  Corps  to  he 

considered  in  determining. — Any  second  lieutenant  of  the  United 

States  Marine  Corps  who  may  have  been  appointed  second  lieuten- 

iint  of  artillery  since  the  second  day  of  February,  nineteen  hundred 

and  one,  and  prior  to  the  passage  of  this  Act,  shall,  in  determining 

Ivis  lineal  and  relative  rank,  be  entitled  to  the  same  credit  for  prior 

commissioned  service  as  a  lieutenant  of  volunteers  appointed  under 

the  Act  entitled  "  An  Act  to  increase  the  efficiency  of  the  permanent 

Military  Establishment  of  the  United  States,"  approved  February 

54208°— IS G  81 


82  MILITARY  LAWS  OF   THE  UNITED   STATES,  1915. 

second,  nineteen  hundred  and  one.    Act  of  Dec.  20,  190 Jf,  {33  Stat. 
695). 

356a.  Composition  of  'brigades,  divisions,  and  corps. — The  mobile 
troops  of  the  Regular  Army  of  the  United  States  shall  be  organ- 
ized, as  far  as  practicable,  into  brigades  and  divisions.  The  Presi- 
dent is  authorized,  in  time  of  actual  or  threatened  hostilities,  or 
when  in  his  opinion  the  interests  of  the  public  service  demand  it, 
to  organize  the  brigades  and  divisions  into  such  Army  corps  or 
armies  as  may  be  necessary.  The  typical  Infantry  brigade  shall 
consist  of  a  headquarters  and  three  regiments  of  Infantry.  The 
typical  Cavalry  brigade  shall  consist  of  a  headquarters  and  three 
regiments  of  Cavalry.  The  typical  Field  Artillery  brigade  shall 
consist  of  a  headquarters  and  three  regiments  of  Field  Artillery. 
The  typical  Infantry  division  shall  consist  of  a  headquarters,  three 
Infantry  brigades,  one  regiment  of  Cavalry,  one  Field  Artillery 
brigade,  one  regiment  of  Engineers,  one  field  signal  battalion,  one 
aero  squadron,  one  ammunition  train,  one  supply  train,  one  en- 
gineer train,  and  one  sanitary  train.  The  typical  Cavalry  division 
shall  consist  of  a  headquarters,  three  Cavalry  brigades,  one  regiment 
of  Field  Artillery  (horse),  one  battalion  of  mounted  Engineers,  one 
field  signal  battalion  (mounted),  one  aero  squadron,  one  ammuni- 
tion train,  one  supply  train,  one  engineer  train,  and  one  sanitary 
train.  The  typical  army  corps  shall  consist  of  a  headquarters,  two 
or  more  Infantry  divisions,  one  or  more  Cavalry  brigades  or  a 
Calvary  division,  one  Field  Artillery  brigade,  one  telegraph  bat- 
talion, and  one  field  signal  battalion,  and  such  ammunition,  supply, 
engineer,  and  sanitary  trains  as  the  President  may  deem  necessary. 
A  brigade,  a  division,  an  army  corps,  and  an  army  headquarters 
shall  consist  of  such  officers,  enlisted  men,  and  civilians  as  the  Presi- 
dent may  prescribe.  Each  supply  train,  ammunition  train,  sanitary 
train,  and  engineer  train  shall  consist  of  such  officers  and  enlisted 
men  and  shall  be  organized  as  the  President  may  prescribe,  the  line 
officers  necessary  therewith  to  be  detailed  under  the  provisions  of 
sections  twenty-six  and  twenty-seven,  Act  of  Congress  approved 
February  second,  nineteen  hundred  and  one.  Nothing  herein  con- 
tained, however,  shall  prevent  the  President  from  increasing  or  de- 
creasing the  number  of  organizations  prescribed  for  the  typical 
brigades,  divisions,  and  army  corps,  or  fi'om  prescribing  new  and 
different  organizations  and  personnel  as  the  efficiency  of  the  service 
may  require.^     Sec.  S,  act  of  June  3, 1916  (39  Stat.  166) . 

^  Held,  That  in  the  organization  of  brigade  headquarters  the  above  provision 
would  not  authorize  the  creation  of  any  grade  not  known  to  the  law,  such  as  a 
suggested  brigade  sergeant  major,  but  that  the  President  in  the  organization 
of  brigade,  division,  or  Army  corps  headquarters  maj^  employ  such  enlisted 
men  in  the  grades  and  within  the  numerical  limits  authorized  by  law,  in  addi- 
tion to  those  required  for  organizations,  as  he  may  determine  to  be  necessary 


MILITABY  LAWS  OF  THE  UNITED  STATES,  1915.  83 

356b.  Brigade^  division^  and  corps  organizations  may  he  increased 
or  decreased. — The  President  is  authorized  to  increase  or  decrease 
the  number  of  organizations  prescribed  for  the  typical  brigades,  divi- 
sions, or  army  corps  of  the  Eeguhir  Army,  and  to  prescribe  such  new 
and  different  organizations  and  personnel  for  army  corps,  divisions, 
brigades,  regiments,  battalions,  squadrons,  companies,  troops,  and 
batteries  as  the  efficiency  of  the  service  may  require.  Par.  3,  Sec.  1, 
Act  of  May  18, 1917  {W  Stat.  76). 

(For  preceding  provisions  of  this  paragraph  of  section  1,  see  paragraphs  1630 
iUid  1631.) 

356c.  G ornfosition  of  regiments  rwt  to  he  increased  nor  numher  of 
regiments  decreased. — The  number  of  organizations  in  a  regiment 
shall  not  be  increased  nor  shall  the  number  of  regiments  be  decreased. 
Id,  77. 

356d.  Additional  mxichine-gun  companies  for  Infantry  and  Cavalry 
hrigadcs  and,  divisions. — The  President  in  his  discretion  may  organ- 
ize, officer,  and  equip  for  each  Infantry  and  Cavalry  brigade  three 
machine-gun  companies,  and  for  each  Infantry  and  Cavalr}^  division 
four  machine-gun  companies,  all  in  addition  to  the  machine-gun 
companies  comprised  in  organizations  included  in  such  brigades  and 
divisions.    Id. 

356e.  Armored  motor-car  machine-gun  companies  for  divisions, 
compositir/n  of. — The  President  in  his  discretion  may  organize  for 
each  division  one  armored  motor-car  machine-gun  company.  The 
machine-gun  companies  organized  under  this  section  shall  consist  of 
such  commissioned  and  enlisted  personnel  and  be  equipped  in  such 
manner  as  the  President  ma}^  prescribe.    Id. 

(For  the  ensuing  provision  of  this  paragraph  of  section  1,  see  paragraph 
1632.) 

362a.  Pay  to  clerks,  messengers,  and  laborers  at  headguarters  of 

several  territorial  departments,  territorial  districts,  tactical  divisions 

and  brigades,  ser'vice  schools,  and  office  of  the  Chief  of  Staff, — One 

chief  clerk,  at  the  office  of  the  Chief  of  Staff,  $2,250  per  annum; 

three  clerks,  at  $2,000  each  per  annum;  twelve  clerks,  at  $1,800  each 

per  annum;  fift^^en  clerks,  at  $1,600  each  per  annum;  thirty-eight 

clerks,  at  $l,40u  each  per  annum;  seventy  clerks,  at  $1,200  each  per 

annum;    sixty-five   clerks,   at   $1,000   each    per   annum;   six   clerks 

(Filipinos),  at  $500  each  per  annum;  one  captain  of  the  watch,  at 

$900  per  annum;  three  watclimen,  at  $720  each  per  annum;  one 

for  tho  i)iirpose^  and  may,  therefore,  include  in  the  organization  of  a  brigade 
headquarters  as  a  part  thereof  and  not  detailed  from  any  organization  a 
soij-eiiut  major  witli  the  rank:,  pay,  and  allowances  of  whatever  gi*ade  of 
sergeant  major  he  may  designate:  And  further,  That  he  may  also  include  in 
the  (»rganization  of  a  brigade  headquarters  as  personnel  thereof  and  not  per- 
taining to  any  other  organization  such  enlisted  men  of  other  grades  authorized 
by  law  as  he  may  de«2i  necessary.     (War  Dept.  Bull.  34,  Sept.  12,  iyi6.) 


84  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

gardener,  at  $720  per  annum;  one  packer,  at  $840  per  annum;  two 
messengers,  at  $840  each  per  annum;  fifty-nine  messengers,  at  $720 
each  per  annum;  six  messengers  (Filipinos),  at  $300  each  per  an- 
num; one  laborer,  at  $660  per  annum;  two  laborers,  at  $600  each 
]^er  annum;  five  charwomen,  at  $240  each  per  annum.  In  all, 
$312,690.  Additional  pay  while  on  foreign  service,  $9,000.  Act  of 
Mar.  4, 1915  {38  Stat.  1067). 

3G2b.  Same — Increased  pay  for  foreign  service .^  CTriploynient  of 
FUipinos,  assignment  to  duty  in  War  Department. — On  and  after 
July  first,  nineteen  hundred  and  fourteen,  the  pay  of  clerks  and 
messengers  at  headquarters  of  territorial  departments,  tactical  divi- 
sions, brigades,  and  service  schools,  who  are  citizens  of  the  United 
States,  shall  be  increased  $200  each  per  annum  while  serving  in  the 
Philippine  Islands,  such  service  tc  be  computed  from  the  date  of 
departure  from  the  continental  limits  of  the  United  States  to  the 
date  of  return  thereto:  Provided  further^  That  the  money  hereby 
appropriated  for  such  of  said  clerks  at  $1,200  and  $1,000  each  per 
annum,  and  such  of  said  messengers  at  $720  each  per  annum  as 
ma}^  be  employed  and  assigned  by  the  Secretary  of  "War  to  the 
headquarters  of  the  Philippine  Department,  districts  and  posts 
therein,  may,  in  case  of  vacancy  and  in  the  discretion  of  the  com- 
manding general,  Philippine  Department,  be  expended,  in  whole  or 
in  part,  for  the  employment  of  Filipinos  as  clerks  at  not  to  exceed 
$500  each  per  annum,  and  messengers  at  not  to  exceed  $300  each  per 
annum. 

And  said  clerks,  messengers,  and  laborers  sliall  be  employed  and 
assigned  by  the  Secretary  of  War  to  the  offices  and  positions  in  which 
they  are  to  serve:  Provided.,  That  no  clerk,  messenger,  or  laborer  at 
headquarters  of  tactical  divisions,  military  departments,  brigades, 
service  schools,  and  office  of  the  Chief  of  Staff  shall  be  assigned  to 
duty  with  any  bureau  in  the  AVar  Department.    Id. 

362c.  Headquarters  clerks  to  he  known  as  Army  field  clerks;  rates 
of  pay  for;  subject  to  articles  of  war. — Hereafter  headquarters  clerks 
shall  be  known  as  Army  field  clerks  and  shall  receive  pay  at  the 
rates  herein  provided,  and  after  twelve  years  of  service,  at  least  three 
years  of  which  shall  have  been  on  detached  duty  away  from  perma- 
nent station,  or  on  duty  beyond  the  continental  limits  of  the  United 
States,  or  both,  shall  receive  the  same  allowances,^  except  retirement, 

^  The  question  was  presented  whether  Army  field  clerks  and  field  clerks,  Quar- 
termaster Corps,  were  entitled  to  heat  and  light  allowances  in  public  quarters 
v.iiich  they  are  authorized  to  occupy.  Such  clerks  who  have  had  the  requisite 
service  prescribed  in  the  act  of  August  29,  1916,  creating  those  positions  are 
by  the  statute  given  *'  the  same  allowances,  except  retirement,  as  heretofore 
allowed  by  law  to  pay  clerks,  Quartermaster  Corps." 

Held,  that  it  having  been  definitely  determined  that  no  provision  was  made 
by  law  for  furnishing  pay  clerks  with  fuel  and  light-at  public  exf  ense  i.i  public 
quarters  (Buls.  of  1915;  No.  5,  p.  5,  and  No.  21,  p.  7),  it  follows  that  the  field 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  85 

Rs  heretofore  allowed  by  law  to  pay  clerks,  Quartermaster  Corps,  and 
shall  be  subject  to  the  rules  and  articles  of  war.  Act  of  Aug.  29, 
1916  {39  Stat.,  625). 

clerks  are  not  entitled  to  sucli  allowances.  As  in  the  case  of  pay  clerks,  Con- 
gress had  made  specific  provision  for  commutation  of  heat  and  lif?ht,  but  no 
provision  has  been  made  for  f\irnishing  these  allowances  in  kind.  (AVar  Depr. 
Bull.  15,  Mar.  24,  1917.) 

Held,  that  under  the  provisions  of  the  statute  providing  for  200  Army  field 
clerks  a  selection  was  necessary,  and  the  statute  was  not,  therefore,  self-execut- 
ing; consequently  such  clerks  were  entitled  to  the  allowances  therein  provided 
for  only  from  the  date  of  their  acceptance  of  appointment  as  field  clerks  and 
r.ot  from  the  date  of  the  act,  August  29,  1916.  (Comp.  of  the  Treas.,  Jan.  26, 
1917;  Id.) 

The  question  was  submitted  to  the  Commissioner  of  Pensions  whether  the  ac- 
ceptance of  the  position  of  field  clerk  (act  of  Aug.  29,  1916,  39  Stat.,  625)  by  a 
civil-service  clerk  receiving  a  pension  would  operate  t^  cut  oft"  his  pension  in 
view  of  the  War  Department's  ruling  that  field  clerks  are  part  of  the  Military 
Establishment  and  not  subject  to  the  civil-service  rules  and  regulations. 

Held,  that  since  the  appointment  of  such  clerks  is  vested  in  the  Secretary  of 
War,  they  must  be  deemer  as  officers,  and  whether  they  be  designated  in  mili- 
tary parlance  as  commissioned  officers  or  noncommissioned  officers  is  immaterial 
so  far  as  the  pension  laws  are  concerned,  the  established  rule  being  that  one 
who  serves  under  a  commission  or  apixtintment  from  the  Secretary  of  War  is 
a  person  in  the  military  service  for  pensionable  purposes  (Stout  case,  19  P.  D., 
149)  ;  and  that,  therefore,  under  section  4724,  Revised  Statutes,  and  the  act  of 
iMarch  3,  1891  (26  Stat.,  1082),  no  pension  can  lawfully  be  paid  to  a  person  hold- 
ing the  position  of  field  clerk  covering  the  period  of  such  service.  Advised,  how- 
ever, that  this  ruling  is  subject  to  approval  or  modification  of  the  Secretary  of 
ihe  Interior  upon  the  appeal  of  any  pensioner  from  the  action  of  the  Pension 
Bureau  in  dropping  his  name  from  tlie  pension  rollo  because  of  his  appointment 
and  service  as  a  field  clerk  under  the  act  of  August  29,  1916.  (Commissioner 
of  Pensions,  Apr.  11,  1917,  War  Dept.  Bull.  26,  Alay  7,  1917.) 

Upon  inquiry  (a)  Avhether  Army  field  clerks  and  field  clerks.  Quartermaster 
Corps,  are  exempt  from  militia  duty,  and  {h)  whether  their  enlistment  in  the 
National  Guard  is  prohibited — 

Held,  as  to  (a),  that  since  Army  field  clerks  and  field  clerks.  Quartermaster 
Corps,  now  occupy  a  status  in  the  military  service  of  the  United  States,  they 
come  within  the  provisions  of  section  59  of  the  national  defense  act  which 
exempts  ".persons  in  the  military  and  naval  service  of  the  United  States," 
from  militia  duty,  and  therefore  are  exempted  from  such  duty. 

Held,  as  to  {h),  that  the  National  Guard  is  plainly  designed  by  the  national 
defense  act  to  be  an  effective  force  and  to  supplement  the  permanent  military 
forces  of  the  Nation,  and  that  it  is  plainly  the  intent  of  the  law  governing  its 
organization  that  its  members  shall  be  available  for  any  service  which  it  may 
be  called  upon  to  perform,  and  not  be  prevented  from  performing  such  duty 
by  any  paramount  obligation  in  the  permanent  military  force.  This  intent  is 
clearly  indicated  by  the  exemption  of  persons  in  the  military  and  naval  service 
of  the  United  States  from  militia  duty,  above  cited.  That  special  authority 
of  law  is  necessary  to  justify  the  occupancy  of  status  in  both  the  Regidar 
Army  and  the  National  Guard  by  the  same  person  is  indicated  by  the  authority 
expressly  conferred  by  section  100  of  the  national  defense  act  for  officers  of  the 
Regular  Army  to  accept  commissions  in  the  National  Guard  with  the  permis- 
sion of  the  President  and  terminable  at  his  discretion.  There  is  no  such 
authority  for  any  persons  in  the  active  military  service  of  the  United  States, 
other  than  officers,  to  occupy  such  dual  status.  Therefore,  the  effect  of  the 
law  governing  the  organization  and  maintenance  of  the  National  Guard  is  to 
render  a  status  in  the  active  permanent  Military  Establishment  incompatible 
with  a  status  in  the  National  Guard.  The  enlistment  of  Army  field  clerks 
and  field  clerks.  Quartermaster  Corps,  is  therefore,  in  effect,  prohibited  by  law. 
(War  Dept.  Bull.  34,  June  8,  1917.) 

An  Army  field  clerk  inquired  whether  he  Avas  entitled  to  credit  for  prior 
service  as  clerk  in  the  Quartermaster  Corps  and  in  the  Signal  Corps  for  the 
purpose  of  making  up  12  years  of  service  under  the  act  of  August  29,  1916, 
which  changed  headquarters'  clerks  to  Army  field  clerks,  and  provides  that 


86  MILITARY  LAWS  OF   THE  UNITED  STATES,  1&15. 

362d.  Same — Employed  and  assigned  hy  Secretary  of  War;  not  to 
he  assigned  to  duty  in  War  Department. — Said  clerks,  messengers, 
and  laborers  shall  be  employed  and  assigned  by  the  Secretary  of  War 
to  the  offices  and  positions  in  which  they  are  to  serve:  Provided^  That 
no  clerk,  messenger,  or  laborer  at  headquarters  of  tactical  divisions, 
military  departments,  brigades,  service  schools,  and  office  of  thf*. 
Chief  of  Staff  shall  be  assigned  to  duty  in  any  bureau  in  the  War 
Department.    Id.^  636. 

"  after  12  years'  service,"  as  therein  prescribed,  tbey  shall  receive  the  same 
allowances,  except  retirement,  "  as  heretofore  allowed  by  law  to  pay  clerks, 
Quartermaster  Corps." 

Held,  that  as  the  governing  statute  relates  only  to  headquarters  clerks 
changed  to  Army  field  clerks,  and  there  is  nothing  in  it  to  suggest  a  different 
purpose,  it  must  be  held  that  the  phrase  "  after  12  years'  service  "  refers  only 
to  service  as  headquarters  clerk  or  as  Army  field  clerk ;  and  that  in  the  instant 
case  the  field  clerk  was  not  entitled  to  count  his  prior  service  as  clerk  in  tlie 
Quartermaster  Corps  and  Signal  Corps.     (War  Dept.  Bull.  54,  Sept.  26,  1917.) 

Under  the  Army  appropriation  act  of  August  29,  1916,  Army  field  clerks 
after  12  years'  service,  3  years  of  which  shall  have  been  on  detached  duty 
away  from  permanent  station  or  on  duty  beyond  the  continental  limits  of  the 
United  States,  or  both,  are  entitled  to  certain  allowances.  In  computing  the  12 
years'  service,  service  as  an  enlisted  man  can  not  be  counted.  Service  as  head- 
quarters clerk  prior  to  the  passage  of  the  act  and  as  an  Army  field  clerk  there- 
after should  be  counted.     (War  Dept.  Bull.  72,  Dec.  24,  1917.) 

Army  field  clerks  are  classified  as  enlisted  men  in  the  War  Risk  Insurance 
act  of  October  6,  1917,  and  are  therefore  required  to  make  compulsory  al- 
lotments.    (Dig.  Opin.  J.  A,  G.,  January,  1918.) 


CHAPTER  XIII. 


THE  GENERAL  STAFF  CORPS. 


Par. 

Detfiils  of  officers,  except  gen- 
eral officers,  to  be  made  on 
recommendation  of  board  of 
officers 365a 

Promotion  of  officer  while  serv- 
ing detail  in  General  Staff 
Corps  or  other  staff  depart- 
ments, status  of 365b 

General  Staff  Corps,  composi- 
tion of 366a 

Same— Tour  of  detail  in 366b 

Same — Temporary  assignment  to 
duty  with  any  branch  of 
Army 366c 

Same — Redetails  limited 366d 

Same — Filling  vacancies  made 
by  details 366e 

Same — Composition     of    during 

existing  war 366f 

Same — ^Assignment   to    duty    in 

the  District  of  Columbia 369a 


Pap. 

Same — Suspension  of  operation 
of  inhibition  during  existing 
emergency 369ai 

Employment  restricted  to  study 
of  military  problems,  etc 369b 

Same — SupeiTision  over  War 
College,  details  and  assign- 
ments to  duty  in 369c 

Chief  of  Coast  Artillery  to  be 
additional  member  of ;  certain 
organizations  in  office  of  Chief 
of  Staff  abolished  and  their 
duties  transferred  to  other 
bureaus 370a 

Duties  limited  to  'those  speci- 
fied in  organic  Act  and  in  this 
section 370b 

Penalty  imposed  upon  superior 
for  permitting  subordinate  to 
violate  provisions  of  this  sec- 
tion       370c 


365a.  Details  of  officers^  except  general  oficers^  to  he  made  on 
recommendation  of  hoard  of  officers. — No  officer  shall  be  detailed  as 
a  member  of  the  General  Staff  Corps,  other  than  the  Chief  of  Staff 
and  the  general  officers  herein  provided  for  as  assistants  to  the  Chief 
of  Staff,  except  upon  the  recommendation  of  a  board  of  five  officers 
not  below  the  rank  of  colonel,  who  shall  be  selected  by  the  President 
or  the  Secretary  of  War,  and  neither  the  Chief  of  Staff  nor  more 
than  two  other  members  of  the  General  Staff  Corps,  nor  any  officer 
not  a  member  of  said  corps,  who  shall  have  been  stationed  or  em- 
ployed on  any  duty  in  or  near  the  District  of  Columbia  within  one 
year  prior  to  the  dat«  of  convening  of  any  such  board,  shall  be 
detailed  as  a  member  thereof.  No  recommendation  made  by  any 
such  board  shall,  for  more  than  one  year  after  the  making  of  such 
recommendation  or  at  any  time  after  the  convening  of  another  such 
board,  unless  again  recomniended  by  the  new  board^  be  valid  as  a 

87 


88  MTLTTAEY   LAWS   OF   THE   UNITED   STATES,   1915. 

basis  for  the  detail  of  any  officer  as  a  member  of  the  General  Staff 
Corps;  and  no  alteration  whatever  shall  be  made  in  an}^  report  or 
recommendation  of  any  such  board,  either  with  or  without  the  con- 
sent of  members  thereof,  after  the  board  shall  have  submitted  such 
report  or  recommendation  and  shall  have  adjourned  sine  clie.^  Sec.  <5, 
act  of  June  3, 1916  {39  Stat.  IGS). 

(See  paragraphs  306a-3G6e,  369a,  369b  for  tlie  provisions  of  this  section  pro- 
celiiiff  this  paragniph.) 

365b.  Promotion  of  officer  while .  serving  detail  in  General  Staff 
Corps  or  other  staff  departments^  status  of. — If  any  officer  detailed 
in  the  General  Staff  Corps,  or  as  an  officer  of  any  stati  corps  or 
department  of  the  Arm3%  shall  be  promoted  to  the  next  higher  grade 
while  so  serving  he  may  be  permitted  to  serve  out  the  period  of  his 
detail,  and  the  number  of  officers  in  the  organization  in  Avhicli  he 
shall  be  serving  and  in  the  grade  to  which  he  shall  have  been  pro- 
moted shall  be  increased  by  one  for  such  time  as  he  shall  be  an  addi- 
tional number  in  said  organization  and  grade;  but  the  Avhole  nuui- 
ber  of  officers  detailed  to  said  organization  shall  at  no  time  exceed 
the  aggregate  of  the  numbers  allowed  to  the  several  grades  thereof 
by  law  other  than  this  proviso.     Id.  169. 

(See  paragraphs  366a-3G6e.  369a.  36r)a.  365b,  370a,  370b,  and  370c  for  tlie 
provisions  of  sec.  5  preceding  this  paragraph.) 

368a.  General  Staff  Corps.,  composition  of. — The   General   Staff 

Corps  shall  consist  of  one  Chief  of  Staff,  detailed  in  time  of  peace 

from  major  generals  of  the  line;  two  assistants  to  the  Chief  of  Staff, 

who  shall  be  general  officers  of  the  line,  one  of  whom,  not  above  the 

grade  of  brigadier  general,  shall  be  the  president  of  the  Army  AVar 

College;  ten  colonels;  ten  lieutenant  colonels;  fifteen  majors;  and 

seventeen  captains,  to  be  detailed  from  corresponding  grades  in  the 

Army,  as  in  this  section  hereinafter  provided.     Id.  167. 

(For  provision  in  sec.  3,  act  of  October  6,  1917,  giving  the  Chief  of  Staff  the 
rank  of  general  during  the  existing  emergency,  and  fixing  his  pay  and  allow- 
ances, see  paragraphs  350d  and  350e,  ante. ) 

366b.  Same — Tour  of  detail  in. — All  officers  detailed  in  the  General 
Staff  Corps  shall  be  detailed  therein  for  periods  of  four  years,  unless 
sooner  relieved.     Id. 

366c.  Same — Temporary  assignment  to  duty  with  any  hranch  of 
Army. — While  serving  in  the  General  Staff  Corps  officers  may  be 
temporarily  assigned  to  duty  with  any  branch  of  the  Army.     Id. 

366d.  Sa77ie — Redetails  limited. — Upon  being  relieved  from  duty 
in  the  General  Staff  Corps  officers  shall  return  to  the  branch  of  the 
Army  in  which  they  hold  permanent  commissions,  and  no  officer 

'Held,  that  the  service  of  ofiicers  on  a  board  sitting  in  the  District  of  Colum- 
bia wliicli  was  found  after  the  completion  of  its  report  to  be  illegal  was  not 
service  in  the  District  within  the  prohibition  of  the  Act,  and  that  they  wovo  not 
therefore  bv  reason  of  such  service  ineligible  for  service  on  a  new  boanU 
(War  Dept.'^Bull.  18,  July  8,  1916.) 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  89 

shall  be  eligible  to  a  further  detail  in  the  General  Staff  Corps  until 
he  shall  have  served  two  years  with  the  branch  of  the  Army  in  which 
commissioned,  except  in  time  of  actual  or  threatened  hostilities.    Id, 

366fc.  Same — Filling  vacancies  made  hy  details. — Section  twenty- 
seven^  of  the  xict  of  Congress  approved  February  second,  nineteen 
hundred  and  one,  shall  apply  to  each  position  vacated  by  officers  be- 
low the  grade  of  general  officer  detailed  in  the  General  Staff  Corps. 
Id.  167. 

366f.  Same—Composition  of  during  existing  war. — The  General 
Staff  Corps  shall  consist  of  one  Chief  of  Staff',  who  shall  be  a  general 
officer  of  the  line  and  who  shall  take  rank  and  precedence  over  all 
other  officers  of  the  Army :  two  assistants  to  the  Chief  of  Staff,^  who 
shall  be  general  officers  of  the  line,  one  of  w^hom  shall  be  the  presi- 
dent of  the  Army  War  College;  ten  colonels;  twelve  lieutenant 
colonels;  thirt^^-two  majors;  and  thirty-four  captains,  to  be  detailed 
from  corresponding  grades  in  the  Army  as  in  this  section  herein- 
after provided.  All  officers  detailed  in  the  General  Staff  Corps  shall 
be  detailed  therein  for  a  period  of  four  years,  unless  sooner  relieved. 
While  serving  in  the  General  Staff'  Corps,  officers  may  be  tem- 
porarily assigned  to  duty  with  any  branch  of  the  Army.  Upon 
being  relieved  from  duty  in  the  General  Staff  Corps,  officers  shall 
return  to  the  branch  of  the  Army  in  which  they  hold  permanent 
commissions,  and  no  officer  shall  be  eligible  to  a  further  detail  in 
the  General  Staff  Corps  until  he  shall  have  served  two  years  with 
the  branch  of  the  Army  in  which  commissioned,  except  in  time  of 
actual  or  threatened  hostilities.  Section  tvv^enty-seven  of  the  Act  of 
Congress  approved  February  second,  nineteen  hundred  and  one,  shall 
apply  to  each  position  vacated  by  officers  below  the  grade  of  gen- 
eral officer  detailed  in  the  General  Staff  Corps.  Act  of  May  12, 1917 
(JiO  Stat.  46),  amending  Sec.  6,  Act  of  June  3,  1916  {39  Stat.  169). 

(See  paragraphs  366a-3C>6e,  Ante.) 

389a.  Same — Assignment  to  duty  in  the  District  of  Columbia.— 
Not  more  than  one-half  of  all  of  the  officers  detailed  in  said  corps 
shall  at  any  time  be  stationed,  or  assigned  to  or  employed  upon  any 
duty,  in  or  near  the  District  of  Columbia.^  Sec.  5,  act  of  June  3, 
1916  {39  Stat.  167). 


'  See  paragraph  383,  ante,  or  31  Stat.  755. 

*  For  provision  in  section  3,  act  of  October  6,  1917,  giving  the  Chief  of  Staf!" 
the  rank  of  general  during  the  existing  emergency,  and  fixing  his  pay  and 
allowances,  see  paragraphs  350d  and  350e,  ante. 

^  Held,  that  as  the  law  requires  assignment  of  the  officers,  upon  the  approval 
of  the  Act,  to  some  other  station  than  one  in  or  near  the  District  of  Columbia 
they  could  not  retain  station  in  Washington  for  any  purpose;  and  that  if  not 
assigned  to  some  other  station  than  the  one  to  which  they  are  temporarily  as- 
signed for  duty  their  right  to  receive  commutation  of  quarters,  heat,  aud  light 


90  MILITARY   LAWS  OF   THE  UNITED  STATES,  1915. 

369ai.  Same — Suspension  of  operation  of  inhibition  during  existing 
emergency. — The  following  language  of  section  five  of  the  Act  of 
June  third,  nineteen  hundred  and  sixteen,  entitled  "  An  Act  for 
making  further  and  more  effectual  provision  for  the  national  de- 
fense, and  for  other  purposes,"  to  wit:  "Not  more  than  one-half 
of  all  of  the  officers  detailed  in  said  corps  shall  at  any  time  be  sta- 
tioned, or  assigned  to  or  employed  upon  any  duty,  in  or  near  the 
District  of  Columbia,"  be  amended  so  as  to  authorize  the  President 
to  suspend  the  operation  of  the  same  during  the  existing  emergency. 
Act  of  May  12^  1917  (40  Stat.  73),  amending  Sec.  5,  Act  of  June  3, 
1016  {39  Stat.  167). 

369b.  Employment  restricted  to  study  of  military  problems,  etc. — 
All  officers  detailed  in  said  corps  shall  be  exclusively  employed  in  the 
study  of  military  problems,  the  preparation  of  plans  for  the  national 
defense  and  the  utilization  of  the  military  forces  in  time  of  war,  in 
investigating  and  reporting  upon  the  efficiency  and  state  of  pre- 
paredness of  such  forces  for  service  in  peace  or  war,  or  an  appro- 
priate General  Staff  duties  in  connection  with  troops,  including  the 
National  Guard,  or  as  military  attaches  in  foreign  countries,  or  on 
other  duties,  not  of  an  administrative  nature,  on  which  they  can  be 
lawfully  and  properly  employed.  Sec.  5,  act  of  June  5,  1916  {39 
Stat.  167). 

(See  paragraphs  366a-366e  for  the  provisions  of  section  5  preceeding  this 
paragraph.) 

369c.  Same — Supervision  over  War  College;  details  and  assign- 
ments to  duty  in. — The  War  College  shall  remain  fully  subject  to 
the  supervising,  coordinating,  and  informing  powers  conferred  by 
law  upon  members  of  the  General  Staff  Corps,  and  officers  for  duty 
as  instructors  or  students  in  or  as  attaches  of  said  collage  may  be 
selected  and  detailed  freely  from  among  members  of  said  corps,  but 
any  officer  so  selected  and  detailed  other  than  one  director  shall 
thereupon  cease  to  be  a  member  of  said  corps  and  shall  not  be  eligible 
for  redetail  therein  so  long  as  he  shall  remain  on  said  duty ;  and  no 
officer  on  the  active  list  of  the  Army  shall,  for  more  than  thirty  days 
in  any  calendar  year,  be  attached  to  or  assigned  to  duty  in  the  War 
College  in  any  capacity  other  than  that  of  president,  director,  in- 
structor, or  student,  or,  unless  a  member  of  the  General  Staff*  Corps, 
be  attached  to  or  employed  in  the  office  of  the  Chief  of  Staff.  Id.  168. 
(See  paragraph  365a  for  provision  of  section  5  preceding  tliis  paragraph.) 
370a.  Chief  of  Coast  Artillery  to  be  additional  member  of;  certain 
organizations  in  office  of  Chief  of  Staff  abolished  and  their  duties 

ranst  depend  on  such  tcmiwrary  assignment.     (War  Dept.   Bull.   18,   July  8, 
19ia) 

Held,  that  general  officers  detailed  to  the  General  Staff  Corps  must  be  re- 
garded as  part  of  the  one-half  of  the  officers  of  the  corps  permitted  to  be  as- 
signee, to  or  employed  on  duty  in  or  near  the  District  of  Columbia.  (War  Dept. 
Bull.  28,  Aug.  18,  1916.) 


MIUTAEY  LAWS   OF   THE   UNITED  STATES,  1915.  91 

transferred  to  other  bureaus, — ^The  organizations  heretofore  existing 
in  or  in  connection  with  the  office  of  the  Chief  of  Staff  under  the 
designations  of  the  mobile  army  division  and  the  Coast  Artillery 
division  be,  and  they  are  hereby,  abolished  and  shall  not  be  reestab- 
lished. The  business  heretofore  transacted  in  said  division,  except 
such  as  comes  clearly  within  the  general  powers  specified  in  and  con- 
ferred upon  members  of  the  General  Staff  Corps  by  the  organic  Act 
of  Congress  approved  February  fourteenth,  nineteen  hundred  and 
three,^  is  hereby  transferred  as  follows,  to  wit,  to  the  office  of  the 
Chief  of  Coast  Artillery,  all  business  apportioned  to  that  office  by 
la^y  or  Army  regulations  at  the  time  of  the  creation  of  the  Coast 
Artillery  divison  of  the  office  of  the  Chief  of  Staff;  to  the  office  of 
The  Adjutant  General  or  other  bureau  or  bureaus  concerned,  all 
ot]ier  business;  and,  subject  to  the  exercise  of  the  supervising,  coordi- 
nating, and  informing  powers  conferred  upon  members  of  the  General 
Staff  Corps  by  the  Act  of  Congress  last  hereinbefore  cited,  the  busi- 
ness transferred  by  this  proviso  to  certain  bureaus  or  offices  shall 
hereafter  be  transacted  exclusively  by  or  under  the  direction  of  the 
respective  heads  thereof;  and  the  Chief  of  Coast  Artillery  shall  be 
an  additional  member  of  the  General  Staff  Corps  and  shall  also  be 
advisor  to  and  informant  of  the  Chief  of  Staff  in  respect  to  the 
business  under  his  charge.     Id. 

(See  paragraph  369b  for  provision  of  section  5  preceding  this  paragraph.) 

370b.  Duties  limited  to  tJwse  specified  in  organic  Act  and  in  this 
section, — Hereafter  members  of  the  General  Staff  Corps  shall  be  con- 
fined strictly  to  the  discharge  of  the  duties  of  the  general  nature  of 
those  specified  for  them  in  this  section  and  in  the  organic  Act  of 
Congress  last  hereinbefore  cited,  and  they  shall  not  be  permitted  to 
assume  or  engage  in  work  of  an  administrative  nature  that  pertains 
to  established  bureaus  or  offices  of  the  War  Department,  or  that, 
being  assumed  or  engaged  in  by  members  of  the  General  Staff  Corps, 
would  involve  impairment  of  the  responsibility  or  initiative  of  such 
bureaus  or  offices,  or  would  cause  injurious  or  unnecessary  duplica- 
tion of  or  delay  in  the  work  thereof.     Id. 

370c.  Penalty  imposed  upon  superior  for  permitting  subordinate 
to  violate  provisions  of  this  secti-on. — All  pay  and  allowances  shall 
be  forfeited  by  any  superior  for  any  period  during  which,  by  his 
order  or  his  permission,  or  by  reason  of  his  neglect,  any  subordinate 
shall  violate  any  of  the  foregoing  provisions  of  this  section.    Id.  169, 

*See  paragraph  368  ante,  or  32  Stat.  831, 


CHAPTER  XIV. 


THE  STAFF  DEPARTMENTS— GENERAL  PROVISIONS— 
DISBURSING  OFFICERS. 


Tar. 

Rank,  pay,  and  allowances  of 
chiefs  of  staff  corps,  depart- 
ments, or  bureaus 373a 

Bonds  may  be  waived  in  cases 
of  officers  of  Quartermaster 
Corps  who  are  not  account- 
able, for  public  funds  or  prop- 
erty      3S7a 


Tar. 
Advance  payments  to  contractors 

for  supplies  by  Secretaries  of 

War  and  Navy 407a 

Same — Security  from  contrac- 
tors      407b 

Funds  for  stores  or  material 
procured  by  one  bureau  of 
War  Department  for  another, 
etc.,  repayment  of 417a 

373a.  Ranh^  V^Vi  ^^<^  aUoivances  of  chiefs  of  staff  corps^  depart- 
ments^ or  bureaus. — Hereafter,  the  chief  of  any  existing  staff  corps, 
department,  or  bureau,  except  as  is  otherwise  provided  for  the  Chief 
of  Staff,  shall  have  the  rank,  pay,  and  allowances  of  major  general. 
Sec.  3,  Act  of  Oct.  6, 1917  {1^0  Stat.  411). 

(For  the  preceding  provisions  of  this  section  see  paragraphs  250d,  250e,  and 
352a,  ante.) 

387a.  Bonds  may  he  waived  in  cases  of  officers  of  Quartermaster 
Corps  who  are  not  accountable  for  public  funds  or  property. — Here- 
after the  provisions  of  section  eleven  hundred  and  ninety-one  of  the 
Revised  Statutes  of  the  United  States  may,  in  the  discretion  of  the 
Secretary  of  War,  be  w^aived  in  the  cases  of  officers  of  the  Quarter- 
master Corps  who  are  not  accountable  for  public  funds  or  public 
property.    Act  of  Aug.  29, 1916  (39  Stat.  626), 

407a.  Advance  payments  to  conti^actors  for  supplies  by  Secretaries 
of  War  and  Navy. — The  Secretary  of  War  and  the  Secretary  of  the 
Navy  are  authorized,  during  the  pjeriod  of  the  existing  emergency, 
from  appropriations  available  therefor  to  advance  payments  to  con- 
tiactors  for  supplies  for  their  respective  departments  in  amounts 
not  exceeding  thirty  per  centum  of  the  contract  price  of  such  sup- 
plies.   Sec.  5,  Act  of  Oct.  6, 1917  (40  Stat.  383). 

407b.  Same — Security  from  contractors. — Such  advances  shall  be 
made  upon  such  terms  as  the  Secretary  of  War  and  the  Secretary  of 
the  Navy,  respectively,  shall  prescribe  and  they  shall  require  adequate 

93 


94  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

security  for  the  protection  of  the  Government  for  the  payments  so 
made.    Id, 

417a.  Funds  for  stores  or  material  procured  hy  one  hureau  of  War 
Department  for  another^  etc.^  repayment  of. — Hereafter  when  one 
bureau  of  the  War  or  Navy  Departments  procures  by  purchase  or 
manufacture  stores  or  material  of  any  kind  or  performs  any  service 
for  another  bureau  of  such  departments  the  funds  of  the  bureau  or 
department  for  which  the  stores  or  material  are  to  be  procured  or  the 
service  performed  may  be  placed  subject  to  the  requisition  of  the 
bureau  or  department  making  the  procurement  or  performing  the 
service  for  direct  expenditure  by  it :  Provided.,  That  when  the  stores 
being  procured  are  for  current  issue  during  the  year  stores  of  equal 
value  may  be  issued  from  stock  on  hand  in  place  of  any  of  those 
aforesaid.^    Act  of  Mar.  4,  1915  {38  Stat.  1084).   ' 

*  There  is  no  general  statute  governing  the  transfer  or  sale  of  Government 
property  from  one  department  to  another.  However,  see  pars.  619  and  671, 
Army  Regulations,  1913,  covering  the  transfer  of  War  Department  property, 
and  page  907,  Dig.  Opin.  J.  A.  G.,  1912,  and  17  Opin.  Att.  Gen.,  480,  to  the  effect 
that  "  tlie  transfer  of  public  property  from  one  bureau  or  depai'tment  to  another 
Is  not  regarded  as  a  sale." 


CHAPTER  XV. 


THE  AJ)JTJTA]SIT  GENERAL'S  DEPAETMENT.* 


Par. 


Adjutant  General's  Department, 
composition  of 


431a 


Decision  of  War  Department  as 
to  date  of  muster  conclusive- 


Par. 


455a 


431a.  Adjutant  GeneraVs  Department^  composition  of. — The  Adju- 
tant General's  Department  shall  consist  of  The  Adjutant  General 
with  the  rank  of  brigadier  general;  seven  adjutants  general  with 
the  rank  of  colonel;  thirteen  adjutants  general  with  the  rank  of 
leu  tenant  colonel;  and  thirty  adjutants  general  with  the  rank  of 
major.    Sec.  6,  Act  of  Jwm  3, 1916  {89  Stat.  169). 

(For  provision  in  sec.  3,  act  of  October  6,  1917,  giving  The  Adjutant  General 
the  rank,  pay,  and  allowances  of  major  general,  see  paragraph  373a,  ante.) 

455a.  Decision  of  War  Department  as  to  date  of  muster  conclu- 
sive.— Hereafter  in  administering  the  Act  of  Congress  approved 
February  twenty-fourth,  eighteen  hundred  and  ninety-seven,  en- 
titled "  An  Act  to  provide  for  the  relief  of  certain  officers  and  en- 
listed men  of  the  volunteer  forces,"  the  decision  of  the  War  Depart- 
ment as  to  the  right  of  any  person  to  be  held  and  considered  to  have 
been  mustered  into  the  service  of  the  United  States  under  the  pro- 
visions of  said  Act  shall  be  conclusive,  and  no  claims  shall  be 
allowed  or  considered  under  said  Act  after  the  first  day  of  January, 
nineteen  hundred  and  eleven.    Act  of  Apr.  19, 1910  {36  Stat. 


^  For  the  statutes  relating  to  the  United  States  Disciplinary  Barracks,  the 
government  and  control  of  which  was  vested  in  The  Adjutant  General  by  par. 
2,  sec.  3,  act  of  Mar.  4,  1915  (38  Stat  1085),  see  pars.  475a-488b,  post. 

05 


CHAPTER   XVI. 


THE  INSPECTOR  GENERAL'S  DEPARTMENT. 

Par.  I  Par. 

Inspector  General's  Department,                 Detail  of  acting  inspector  gen- 
comi30sition   of 459a  |       eral 459b 

459a.  Inspector.  GeneraVs  Department^  composition  of. — The  In- 
spector General's  Department  shall  consist  of  one  Inspector  Gen- 
eral with  the  rank  of  brigadier  general ;  four  inspectors  general  with 
the  rank  of  colonel;  eight  inspectors  general  with  the  rank  of  lieu- 
tenant colonel;  and  sixteen  inspectors  general  with  the  rank  of 
niajor.i    Sec:  7,  Act  of  June  3, 1916  {S9  Stat.  1G9). 

(For  provision  in  section  3,  act  of  October  6,  1917,  giving  tbe  Inspector  Gen- 
eral the  rank,  pay,  and  allowances  of  major  general,  see  paragraph  373a,  ante.) 

459b.  Detail  of  acting  inspectors  general. — The  Secretary  of  War 

may,  in  addition,  detail  officers  of  the  line,  not  to  exceed  four,  to  act 

as  assistant  inspector-general :  Provided^  That  officers  of  the  line 

detailed  as  acting  inspectors  general  shall  have  all  the  allowances 

of  Cavalry  officers  of  their  respective  grades.     Sec.  i,  Act  of  June  23^ 

187 If  {IS  Stat.  2 U)' 

*  Held,  That  this  provision  does  not  repeal  the  authority  contained  in  the  act 
of  June  23,  1874  (18  Stat.  244)  to  "detail  officers  of  the  line,  not  to  exceed 
four,  to  act  as  assistant  inspectors  general  "  with  pay  and  allowances  as  pre- 
scribed, which  has  been  regarded  by  the  department  as  permanent  legislation 
and  ;is  not  having  been  repealed  by  provisions  similar  to  the  above  section  7 
contained  in  the  acts  of  February  5,  1885  (23  Stat.  297).  March  2.  1899  (31 
Stat.  701),  and  February  2,  1901  (31  Stat.  751).  (War  Dept.  Bull.  18,  July  8, 
lOlG. ) 

Tliere  is  but  one  Army  of  the  United  States,  and  every  organization,  bureau, 
officer,  and  man  in  the  military  service  is  part  of  it.  The  Inspector  General's 
Department,  as  well  as  all  other  staff  corps  and  departments,  are  to  be  reor- 
ganized out  of  the  Army  at  large  so  that  such  departments  may  properly  per- 
form their  ever-increasing  functions.  The  primary  authority  for  providing  the 
r.(K'essary  staff  officers  in  the  increased  establishment  is  not  to  be  found  in 
Iho  use  of  reserve  officers  as  such,  but  in  the  power  to  appoint  necessary  officers 
under  the  National  Army  act,     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

54208°— 18 7  87 


CHAPTER  XVII. 


THE  JUDGE  ADVOCATE  GENERAL'S  DEPARTMENT-- 
MILITARY  PRISON. 


Par. 

Judge  Advocate  General's  De- 
partment, composition  of 465a 

Promotions  below  rank   of  col- 
onel based  on  written  exami- 
nations      467a 

Same — Officers  in  grade  of  ma- 
jor found  physically  or  men- 
tally disqualified,  board  of  re- 
view, etc 467b 

Same — Lieutenant  colonels  found 
disqualified,  suspension  from 
promotion  and  retirement 
with  or  without  promotion 
after  final  examination 467c 

Vacancies,  one  to  be  filled  by 
person  from  civil  life  with 
special  qualifications 468a 

Acting  judge  advocates,  assign- 
ment of 469a 

Details  of  acting  judge  advo- 
cates only  excepted  from  op- 
eration of  Manchu  law;  de- 
tails for  purpose  of  taking 
law  course  prohibited 469b 

Revision  and  codification  of  mili- 
tary laws  of  United  States, 
preparation    of 471a 

Same — Appropriation  for  ex- 
penses of 471b 

United  States  Disciplinary  Bar- 
racks  475a^88b 

Military  Prison,  United  States 
and  branches,  name  changed 
to  United  States  Disciplinary 
Barracks 475a 


Par. 


Military  Prison,  United  States, 
name  changed  to  United 
States  Disciplinary  Barracks.    475b 

Same — Military  offenses  punish- 
able in  a  penitentiary,  confine- 
ment may  be  in  United  States, 
State,  Territory,  or  District 
penitentiary 475c 

Same — Secretary  of  War  may 
designate  branch  disciplinary 
barracks 476a 

Same — Government  and  control 
of  disciplinary  barracks  vested 
in  The  Adjutant  General 477a 

Same — Commandant   and   other 
commissioned  and  noncommis-    • 
sioned   officers,   etc.,   at,  com- 
position of 480^ 

Same — Duties  of  the  comman- 
dant      481a 

Same — Organization  of  discip- 
linary companies  and  higher 
units,   etc 481b 

Same — Clemency  and  restora- 
tion to  coIm'S  of  persons  not 
discharged  and  reenlistment 
of  discharged  persons 488a 

Parole  of  general  prisoners  in 
disciplinary  barracks,  and 
restoration  to  duty  of  those 
serving  confinement  in  places 
other  than  disciplinary  bar- 
racks      4S8b 

466a.  Judge  Advocate  Oenerars  Department,  composition  of. — 
The  Judge  Advocate  General's  Department  shall  consist  of  one  Judge 
Advocate  General  with  the  rank  of  brigadier  general;  four  judge 
advocates  with  the  rank  of  colonel;  seven  judge  advocates  with  the 

99 


100  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

rank  of  lieutenant  colonel;  and  twenty  judge  advocates  Avitli  the  rank 

of  major.    Sec.  8,  Act  of  June  3, 1916  {39  Stat,  169). 

(For  pi'ovision  in  section  3,  act  of  October  6,  1017,  giving  the  Judge- Advocate 
General  tlie  ranlv,  pay,  and  allowances  of  major  general,  see  paragraph  373a, 
ante.) 

467a.  Promotions  helow  rank  of  coloTiel  based  on  wntten  exairiina- 
tions. — No  officer  of  the  Judge  Advocate  General's  Department  below 
the  rank  of  colonel  shall  be  promoted  therein  until  he  shall  have  suc- 
cessfully passed  a  written  examination  before  a  board  consisting  of 
not  less  than  two  officers  of  the  Judge  Advocate  General  Depart- 
ment, to  be  designated  by  the  Secretary  of  War,  such  examination  to 
be  prescribed  by  the  Secretary  of  War  and  to  be  held  at  such  time 
anterior  to  the  accruing  of  the  right  to  promotion  as  may  be  for  the 
best  interests  of  the  service.    Id. 

(For  the  provisions  of  this  section  whicli  precede  tliis  paragraph,  see  para- 
graphs 4G5a,  4G8a,  4G9a,  and  4G0b.) 

467b.  Same — Officers  in  grade  of  major  found  physically  or  men- 
tally disquali-fied^  hoard  of  revi^w^  etc. — Should  any  officer  in  the 
grade  of  major  of  the  Judge  Advocate  General's  Department  fail  in 
his  physical  examination  and  be  found  incapacitated  for  service  by 
reason  of  physical  disability  contracted  in  the  line  of  duty,  he  shall 
be  retired  with  the  rank  to  which  his  seniority  entitled  him  to  be 
promoted;  but  if  he  should  be  found  disqualified  for  promotion  for 
any  other  reason,  a  second  examination  shall  not  be  allowed,  but  the 
Secretary  of  War  shall  appoint  a  board  of  review  to  consist  of  two 
officers  of  the  Judge  xVdvocate  General's  Department  superior  in 
ranlv  to  the  officer  examined,  none  of  whom  shall  have  served  as  a 
member  of  the  board  which  examined  him.  If  the  unfavorable  find- 
ing of  the  examining  board  is  concurred  in  by  the  board  of  review, 
the  officer  reported  disqualified  for  promotion  shall  be  honorably  dis- 
charged from  the  service  with  one  year's  pay.  If  the  action  of  the 
examining  board  is  disapproved  by  the  board  of  review,  the  officer 
shall  be  considered  qualified  and  shall  bo  promoted.     Id.  170. 

467c.  Same — Lieutenant  colonels  found  disqualified^  suspension 
from  promotion  and  retb'cment  with  or  ivithout  promotion  after 
final  examination. — Any  lieutenant  colonel  of  the  Judge  Advocate 
General's  Department,  who,  at  his  fii*st  examination  for  promotion 
to  the  grade  of  colonel,  has  been  found  disqualified  for  such  promo- 
tion for  any  reason  other  than  physical  disability  incurred  in  the  line 
of  duty  shall  be  suspended  from  promotion  and  his  right  thereto  shall 
pass  successively  to  such  officers  next  below  him  in  rank  a?  are  or 
may  become  eligible  to  promotion  uncler  existing  law  during  the 
period  of  his  suspension ;  and  any  such  officer  suspended  from  promo- 
tion shall  be  reexamined  as  soon  as  practicable  after  the  expiration 
of  one  year  from  the  date  of  the  completion  of  the  examination  that 


MILITARY  LAWS  OF  THE  uhiteD  :s4tit3;]S:f^^ :  4S15. /..  101 

resulted  in  his  suspension ;  and  if  on  such  reexamination  he  is  found 
qualified  for  promotion,  he  shall  again  become  eligible  thereto;  but 
if  he  is  found  disqualified  by  reason  of  physical  disability  incurred 
in  line  of  duty  in  either  examination,  he  shall  be  retired,  with  the 
rank  to  which  his  seniority  entitled  him  to  be  promoted ;  and  if  he  is 
not  found  disqualified  by  reason  of  such  physical  disability,  but  is 
found  disqualified  for  promotion  for  any  other  reason  in  the  second 
examination,  he  shall  be  retired  without  promotion.     Id. 

468a.  Vacancies^  one  to  he  filled  hy  person  frovi  civil  life  loith 
special  qualifications. — Of  the  vacancies  created  in  the  Judge  Advo- 
cate General's  Department  by  this  Act,  one  such  vacancy,  not  below 
the  grade  of  major,  shall  be  filled  by  the  appointment  of  a  person 
from  civil  life,  not  less  than  forty-five  nor  more  than  fifty  years  of 
age,  who  shall  have  been  for  t/Cn  years  a  judge  of  the  Supreme  Court 
of  the  Philippine  Islands,  shall  have  served  for  two  years  as  a  captain 
in  the  Regular  or  Volunteer  Army,  and  shall  be  proficient  in  the 
Spanish  language  and  laws.     Id. 

(For  the  provision  of  tliis  section  wliicli  immediately  precedes  this  paragraph 
see  paragraph  469a.) 

469a.  Acting  judge  advocates^  assigninent  of. — Acting  judge  advo- 
cates may  be  detailed  under  the  provisions  of  existing  law  for  sepa- 
rate brigades  and  for  separate  general  court-martial  jurisdictions, 
and  when  not  immediately  required  for  service  with  a  geographical 
department,  tactical  division,  separate  brigade,  or  other  separate 
general  court-martial  jurisdiction,  acting  judge  advocates  may  be 
assigned  to  such  other  legal  duty  as  the  exigencies  of  the  service  may 
require.    Id. 

(For  tlie  provision  of  this  section  which  immediately  precedes  this  paragi*aph 
.see  paragraph  -loria.) 

469b.  Details  of  acting  judge  advocates  only  excepted  from  opera- 
tion of  Manchu  law;  details  for  purpose  of  taking  law  course  pro- 
hibited.— So  much  of  the  Act  of  Congress  approved  August  twenty- 
fourth,  nineteen  hundred  and  twelve,^  as  relates  to  the  detachment 
or  detail  of  officers  for  duty  in  the  Judge  Advocate  General's  Depart- 
ment shall  hereafter  be  held  to  apply  only  to  the  acting  judge  advo- 
cates authorized  by  law;  and  hereafter  no  officer  shall  be  or  remain 
detached  from  any  command  or  assigned  to  any  duty  or  station  Avith 
intent  to  enable  or  aid  him  to  pursue  the  study  of  law.    Id. 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  sae 
p:iragrai>h  46Sa.) 

471a.  Revisio7i  and  codification  of  military  laws  of  United  States^ 
preparation  of. — The  Secretary  of  War  is  hereby  directed  to  causa  to 

*  Manchu  law,  par.  937,  ante,  or  37  Stat.,  571,  (>45. 


102  MII^A^lY  LAWS -OF   TlilE  UNITED  STATES,  1915. 

be  prepared,  with  as  much  expedition  as  may  be  consistent  with 
thoroughness,  to  be  finished  within  two  years,  a  revision  and  codifica- 
tion of  the  militaiy  laws  of  the  United  States,  which  shall  conform  in 
scope  and  character  to  the  revision  and  codification  of  the  laws  of 
the  United  States  of  a  permanent  and  general  nature  directed  by  the 
Act  of  March  third,  nineteen  hundred  and  one.  The  Secretary  of 
War  shall  submit  to  Congress  a  report  of  progress  of  the  revision  and 
codification  herein  directed  upon  the  first  day  of  the  second  session 
of  the  Sixty-fourth  Congress,  and,  when  the  revision  and  codification 
is  completed,  he  shall  cause  a  copy  of  the  same,  in  print,  to  be  sub- 
mitted to  Congress,  that  the  statutes  so  revised  and  codified  may  be 
reenacted  if  Congress  shall  so  determine.  Act  of  Aug.  29^  1916 
{39  Stat.  627). 

471b.  Same — Appropriation  for  expenses  of. — For  paying  the  ex- 
penses of  clerical  hire  and  printing  and  other  expenses  incident  to 
the  making  of  the  revision  and  codification  herein  directed,  not  to 
exceed  $5,000,  to  be  expended  upon  certificates  of  the  Secretary  of 
War  that  the  expenditures  were  necessary  therefor.    Id. 

UNITED  STATES  DISCIPLINARY  BARRACKS. 

475a.  Military  prison^  United  States  and  branch es^  name  changed 
to  United  States  Disciplinary  Barracks. — The  United  States  military 
prison  at  Fort  Leavenworth,  Kansas,  shall  hereafter  be  known  as 
the  United  States  Disciplinary  Barracks  and  the  branches  of  said 
prison  as  branches  of  such  barracks.  Act  of  Man\  -^,  191S  (SS  Stat, 
107 i). 

475b.  Military  prison^  United  States,  nam£  changed  to  United 
States  Disciplinary  Barracks. — Chapter  six,  Title  XIY,  of  the  Re- 
vised Statutes  of  the  United  States  be,  and  the  same  is  hereby, 
amended  to  read  as  follows: 

The  United  States  Military  Prison,  Fort  Leavenworth,  Kansas, 
shall  hereafter  be  known  as  the  United  States  Disciplinary  Barracks. 
Par.  /,  sec.  2,  act  of  Mar.  4, 1915  (38  Stat.  108 Jf). 

475c.  Same — Military  offenses  punishahle  in  a  penitentiary,  con- 
finement may  he  in  United  States,  State,  Territory,  or  District  peni- 
tentiary.— Persons  sentenced  to  confinement  upon  conviction  by 
courts- martial  or  other  military  tribunals  of  crimes  or  offenses  which, 
under  some  statute  of  the  United  States  or  under  some  law  of  the 
State,  Territory,  District,  or  other  jurisdiction  in  which  the  crime  or 
offense  may  be  committed,  are  punishable  by  confinement  in  a  peni- 
tentiary, including  persons  sentenced  to  confinement  upon  conviction 
by  courts-martial  or  other  military  tribunals  of  two  or  more  acts  or 
omissions,  any  one  of  which,  under  the  statute  or  other  law  herein- 
before mentioned,  constitutes  or  includes  a  crime  or  offense  punish- , 


MILITARY  LAWS  OF   THE  UNITED  STATES,  I&IS^  1C3 

able  by  confinement  in  a  penitentiary,  may  be  confined  at  hard  labor, 
during  the  entire  period  of  confinement  so  adjudged,  in  any  United 
States,  State,  Territorial,  or  District  penitentiary,  or  in  any  other 
penitentiary  directly  or  indirectly  under  the  jurisdiction  of  the 
United  States;  and  all  persons  sentenced  to  confinement  upon  con- 
viction by  courts-martial  or  other  military  tribunals  who  are  not 
confined  in  a  penitentiary  may  be  confined  and  detained  in  the 
United  States  Disciplinary  Barracks.    Par.  2^  sec.  2,  id. 

476a.  Same — Secretary  of  War  may  designate  hrarwh  disciplinary 
harrachs. — The  Secretary  of  War  may,  from  time  to  time,  designate 
any  building  or  structure  or  any  part  thereof  under  the  control  of  the 
Secretary  of  War  and  pertaining  to  the  military  establishment  as  a 
branch  disciplinary  barracks  for  the  confinement  and  detention  of 
offenders  whom  it  is  impracticable  to  send  to  the  United  States 
Disciplinary  Barracks  at  Fort  Leavenworth,  Kansas ;  and  all  branch 
disciplinary  barracks  and  all  offenders  sent  thereto  for  confinement 
and  detention  therein  shall  be  subject  to  the  laws  respecting  the 
United  States  Disciplinary  Barracks  at  Fort  Leavenworth,  Kansas, 
and  the  offenders  sent  thereto  for  confinement  and  detention  therein. 
Par.  8,  sec.  2,  id.  1086. 

477a.  Same — Government  and  control  of  disciplinary  h arracks 
vested  m  The  Adjutant  General. — The  government  and  control  of  the 
United  States  Disciplinary  Barracks  and  of  all  offenders  sent  thereto 
for  confinement  and  detention  therein  shall  be  vested  in  The  Adju- 
tant General  of  the  Army  under  the  direction  of  the  Secretary  of 
War,  who  shall  from  time  to  time  make  such  regulations  respecting 
the  same  as  may  be  deemed  necessary,  and  who  shall  submit  annually 
to  Congress  a  full  statement  of  the  financial  and  other  affairs  of  said 
institution  for  the  preceding  fiscal  year.    Par.  3.  sec.  ^,  id.  1085. 

480a.  Sam£ — Commandant  and  other  commissioned  and  noncom- 
missioned officers^  etc.^  a,t^  com^position  of. — The  officers  of  the  United 
States  Disciplinary  Barracks  shall  consist  of  a  commandant  and  such 
subordinate  officers  as  may  be  necessary,  who  shall  be  detailed  by 
the  Secretary  of  War  from  the  commissioned  officers  of  the  Army  at 
large.  In  addition  to  detailing  for  duty  at  said  disciplinary  bar- 
racks such  number  of  enlisted  men  of  the  Staff  Corps  and  depart- 
ments as  he  may  deem  necessary,  the  Secretary  of  War  shall  assign  a 
sufficient  number  of  enlisted  men  of  the  line  of  the  Army  for  duty  as 
guards  at  said  disciplinary  barracks  and  as  noncommissioned  officers 
of  the  disciplinary  organizations  hereinafter  authorized.  Said 
guards,  and  also  the  enlisted  men  assigned  for  duty  as  noncommis- 
sioned officers  of  disciplinary  organizations,  shall  be  detached  from 
the  line  of  the  Army,  or  enlisted  for  the  purpose;  and  said  guards 
shall  be  organized  as  infantry,  with  noncommissioned  officers,  musi- 
cians, artificers,  and  cooks  of  the  number  and  grades  allowed  by  law 


104  MILITARY   LAWS   OP   THE   UNITED   STATES.  1915, 


for  infantry  organizations  of  like  strength :  Provided^  That  at  least 
one  of  said  guards  shall  have  the  rank,  pay,  and  allowances  of  a  bat- 
talion sergeant  major.    Par.  4,  sec.  2^  id, 

(For  authorization  for  the  detail  of  100  sergeants  for  duty  with  the  disci- 
plinary organizations  at  the  United  States  Disciplinary  BarracliS,  who  shall  be 
additional  to  the  sergeants  authorized  for  the  corps,  companies,  troops,  bat- 
teries, and  detachments  from  which  they  may  be  detailed,  see  par,  1332a.) 

481a.  Same — Duties  of  the  commandant. — The  commandant  of 
the  United  States  Disciplinary  Barracks  shall  have  command  thereof 
and  charge  and  custody  of  all  offenders  sent  thereto  for  confinement 
and  detention  therein;  shall  govern  such  offenders  and  cause  them 
to  be  employed  at  such  labor  and  in  such  trades  and  to  perform  such 
duties  as  may  be  deemed  best  for  their  health  and  reformation  and 
with  a  view  to  their  honorable  restoration  to  duty  or  their  reenlist- 
ment  as  hereinafter  authorized;  shall  cause  note  to  be  taken  and  a 
record  to  be  made  of  the  conduct  of  such  offenders ;  and  may  shorten 
the  daily  time  of  hard  labor  of  those  who  by  their  obedience,  honesty, 
industry,  and  general  good  conduct  earn  such  favors — all  under  such 
regulations  as  the  Secretary  of  War  may  from  time  to  time  prescribe. 
Par.  5,  sec.  ^,  id. 

481b.  Same — Organization  of  disciplinary  companies  and  higher 
units,  etc. — The  Secretary  of  War  shall  provide  for  placing  under 
military  training  those  offenders  sent  to  the  United  States  Disci- 
plinary Barracks  for  confinement  and  detention  therein  whose  record 
and  conduct  are  such  as  to  warrant  the  belief  that  upon  the  comple- 
tion of  a  course  of  military  training  they  may  be  worthy  of  an  hon- 
orable restoration  to  duty  or  of  being  permitted  to  reenlist;  may 
provide  for  the  organization  of  offenders  so  placed  under  military 
training  into  disciplinary  companies  and  higher  units,  organized  as 
infantry,  with  noncommissioned  officers,  except  color  sergeants,  se- 
lected or  appointed  from  the  enlisted  men  assigned  to  duty  for  that 
purpose  pursuant  to  the  provisions  of  paragraph  four  hereof;  and 
may  provide  for  uniforming,  arming,  and  equipping  such  organiza- 
tions.   Par.  6,  sec,  2,  id. 

488a.  Same — Clemency  and  restoration  to  colors  of  persons  not 
diHcfiarged  and  reenlistment  of  discharged  persons. — Whenever  he 
shall  deem  such  action  merited  the  Secretary  of  War  may  remit  the 
unexecuted  portions  of  the  sentences  of  offenders  sent  to  the  United 
States  Disciplinary  Barracks  for  confinement  and  detention  therein 
and  in  addition  to  such  remission  may  grant  those  who  have  not  been 
discharged  from  the  Army  an  honorable  restoration  to  duty,  and 
may  authorize  the  reenlistment  of  those  w^ho  have  been  discharged 
or  upon  their  written  application  to  that  end  order  their  restoration 
to  the  Army  to  complete  their  respective  terms  of  enlistment,  and 
such  application  and  order  of  restoration  shall  be  effective  to  revive 


MILITARY   LAV/S   OF   THE   UNITED   STATES,   1915.  105 

the  enlistment  contract  for  a  period  equal  to  the  one  not  served  under 
said  contract.     Par.  7^  sec.  2,  id. 

488b.  Parole  of  general  prisoners  in  disciplinary  barracks^  and 
restoration  to  d/uty  of  those  serving  con-finemejit  in  places  other  than 
disciplinary  barracks. — The  authority  now  vested  in  the  Secretary 
of  AVar  to  give  an  honorable  restoration  to  duty,  in  case  the  same  is 
merited,  to  general  prisoners  confined  in  the  United  States  discipli- 
nary barraclis  and  its  branches  shall  be  extended  so  that  such  res- 
toration may  be  given  to  general  prisoners  confined  elsewhere,  and 
the  Secretary  of  War  shall  be,  and  he  is  hereby,  authorized  to  estab- 
lish a  system  of  parole  for  prisoners  confined  in  said  barracks  and  its 
branches,  the  terms  and  conditions  of  such  parole  to  be  such  as  tho 
Secretary  of  War  may  prescribe.  Act  of  Mar.  4,  ^915  {38  Stat.  107 i). 


CHAPTER  XVin. 


THE  QUARTEKMASTEK  COEPS. 


Par. 

The  Quartermaster  Corps,  com- 
position of 495a 

Disbursement  by  officers  as 
agents  of  officers  of  Quarter- 
master Corps 499a 

Chief  to  be  Quartermaster  Gen- 
eral     501a 

Knlisted  men,  composition  of 506a 

Enlisted  strength,  composition 
of 506b 

Enlistment  of  cook  instructors 
with  grafle  of  ser?:efints,  first 
class,  Quartermaster  Corps 506c 

Grade  of  military  storekeeper 
revived  for  appointment  of 
Charles  P.  Daly 513a 

Appointment  of  quartermaster 
sergeants  in  Quartermaster 
Corps 514a 

Master  electricians  hereafter  to 
be  known  as  quartermaster 
sergeants 514b 

Duties  of  officers  include  con- 
struction and  repair  work 515a 

Sale  of  surplus  ice,  electric  cur- 
rent, etc.,  from  Governmeiit 
plants  where  no  competition 521a 

Same — Disposition  of  proceeds 
of  such  sales 521b 

Provision  giving  preference  to 
transportation  of  troops  and 
material  of  war  amended  so 
as  to  require  prompt  delivery 
in  time  of  peace  without  re- 
gard to  any  embargo  which 
may  have  been  declared 525a 

Transportation  in  time  of  war__  525b- 

525k 


Far. 

In  time  of  war  possession  and 
control  may  be  taken  of  trans- 
portation systems 525b 

Obstructing  or  retarding,  etc., 
orderly  conduct  or  movement 
of  interstate  or  foreign  com- 
merce, or  orderly  movement 
of  trains,  etc.,  engaged  therein, 
punishment;  employment  of 
armed  forces 525c 

Provisions  relative  to  decrees  of 
antitrust  violations,  labor  dis- 
putes, etc.,  not  repealed 525d 

Preference  or  priority  of  trans- 
portation of  commodities  essen- 
tial to  national  defense 525e 

Sfime — Dii-ections  for 525f 

Same — Offices  for  persons  desig- 
nated, c<:>mpensation.  etc 525^g 

Maintenance  of  agencies  at 
Washington  by  common  car- 
riers       525h 

Duties  of  common  carriers,  pun-  ' 
ishment    for    failure    to    per- 
form        5251 

Rates  for  transportation  of  per- 
sons and  property  to  be  just 
and  reasonable 525J 

Exemi)tion  from  preferential  or 
priority  provisions  in  existing 
law 525k 

Transfer  of  vessels,  equipment, 
stations,  and  personnel  of 
Lighthouse  Service  to  War 
Department  in  time  of  na- 
tional emergency 584a 

Same — Return  of,  to  Lighthouse 
Service       wl>en       emergency 

ceases 534b 

107 


108 


Par. 
Same — Personnel    while    under 
jurisdiction    of    War  Depart- 
ment   subject    to    Articles    of 
War 534c 

Same — Secretaries  of  War, 
Navy,  and  Commerce  to  pre- 
scribe regulations  governing 
duties  of  Lighthouse  Service  in 
time  of  war 534d 

Shipping  Board  to  have  con- 
structed or  purchase,  lease, 
or  charter  vessels  suitable  for 
use  as  Army  transports  or  for 
other  military  purposes,  etc 534e 

Vessels  of  War  Department,  not 
needed  for  military  purposes 
in  time  of  peace,  may  be 
transferred  to  the  board  per- 
manently or  for  limited  peri- 
ods       534f 

Cost  of  ships  turned  over  to 
Army  excepted  from  appro- 
priation for  ships,  which  is  to 
be  reimbursed  cost  of  same f>34g 

Coast  and  Geodetic  Survey.  r)34h-534p 

Transfer  of  vessels,  equipment, 
stations,  and  personnel  of,  to 
War  Department,  etc.,  in  time 
of  national  emergency 534h 

Same — Return  of,  when  emer- 
gency ceases 534i 

Same — Personnel  subject  to  ar- 
ticles of  war,  etc.,  while  under 
jurisdiction  of  War  Depart- 
ment       534j 

Pay  and  allowances  not  to  be  re- 
duced by  transfer,  pension  for 
disabilities  incurred  while  un- 
der jurisdiction  of  War  De- 
partment,   etc r)34k 

Same — P^xaminations  for  ap- 
pointment and  promotion 5341 

Field  officers  of;  designation, 
appointment,  and  pay 534m 

Relative     rank     while     serving 

with  Army,  etc 534n 

Rate  of  pay  for  nonmilitary  duty 

not  affected 534o 

Secretaries  of  War,  Navy,  and 
Commerce  to  prescribe  regula- 
tions governing  duties  of,  in 
time  of  war 534p 


Par. 

Status  and  rights  of  officers  of 
Public  Health  Service  when 
serving  with  Coast  Guard, 
Army,  or  Navy 534q 

Sale  of  horses  and  mules  not  re- 
quired for  Regular  Army  or 
National   Guard 538a 

Limit  of  expenditures  on  build- 
ings, military  posts,  etc 54Ga 

Limit  of  cost  of  barracks  and 
quarters  ___! 547a 

Hospital  buildings,  limit  of  cost 
for  erection  of,  unless  author- 
ized by  Congress 547b 

Barracks  and  quarters,  land  for 

cantonments,  camp  sites,  etC—    547c 

Annual  estimates  for  establish- 
ment and  maintenance  of  rifle 
ranges 553a 

Same — Establislied  ranges  to  be 
open  for  use  of  any  branch  of 
military  or  naval  service,  and 
for  civilians 553b 

Same — Detail  of  officers  and 
noncommissioned  officers  of 
Regular  Army  as  instructors 
at,  and  issue  of  arms  and  am- 
munition for  use  of 553c 

Annual  trophy,  medals,  and 
prizes,  regulations  for,  to  be 
prescribed  by  Secretary  of 
War 553d 

Kxtra-duty  pay,  United  States 
disciplinary  barracks  guard, 
rates 5G3a 

Extra-duty  pay  for  mess  stew- 
ards and  cooks  at  recruit  de- 
pots      5G3h 

Extra-duty  pay,  United  States 
disciplinary  barracks  guard, 
rates 503c 

Civilian   employees,   restrictions 

on  employment 570a 

Proceeds  from  sale  of  cuttings 
of  material  for  clothing,  dis- 
position of 578a 

Quartermaster  property,  arti- 
cles of,  may  be  sold  to  officers 
of  Navy  and  Marine  Corps 588a 

Sale  of  subsistence  stores  to 
officers  and  enlisted  men  of 
Navy  and  Marine  Corps 58Sb 


MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 


109 


Commutation  of  rations  for  en- 
listed men  of  Army  and  Mili- 
tia at  national  rifle  match 

Commutation  of  rations  for  ca- 
dets, enlisted  men,  members 
of  Nurse  Corps,  etc.,  rates  of- 

Same — Including  Regular  Army 
Reserve  and  retired  enlisted 
men  when  ordered  to  active 
duty 

Funds  appropriated  for  support 
of  Army  available  for  pur- 
chase of  reserve  supplies 

Appointment  of  Army  pay  clerk, 
with  certain  service,  as  first 
lieutenant,  Quartermaster 
Corps 

Certain  clerks  to  be  known  as 
field  clerks,  Quartermaster 
Corps,  to  receive  allowances 
of  pay  clerks,  and  to  be  sub- 
ject to  the  Articles  of  War 

Allowance  of  fuel,  quarters,  and 
forage 

Commutation  of  quarters  to  offi- 
cers, etc.,  where  no  public 
quarters  are  available 

Same — Secretary  of  War  may 
determine  when  and  where 
public  quarters  are  not  avail- 
able  

Commutation  of  quarters,  heat, 
and  light  for  officers,  etc 

Determination  of  travel  and 
duty 

Officers  on  duty  as  observers 
with  foreign  armies  in  field, 
expenses  of__. 

Traveling  expenses  of  officers 
and   enlisted   men   of 

.  armies  attached  to 
States  Army  during 
emergency 

Mileage  to  engineer  officers 

Subsistence  expenses  of  offi- 
cials— Allowances  for,  outside 
of  District  of  Columbia,  lim- 
ited   

Mileage  for  otficers  in  Aviation 
Section,  appropriation  avail- 
able for : 

Mileage  to  officers  of  Ordnance 
Department,  appropriation 
available  for 


Tar. 
611a 
611b 

611c 
616a 

632a 

633a 
651a 

668a 

668b 
668c 
671a 

673a 


foreign 
United 
present 


673b 
67r)a 


6S0a 


68Sa 


6SSb 


Par. 

Disbursement  of  certain  appro- 
priations heretofore  made 
which  shall  constitute  one 
fund 689a 

Same : 689b 

Disbursements  to  be  made  by  the 
Quartermaster  Coi*ps 689c 

Pay  of  noncommissioned  officers 
and  enlisted  men 695a 

Increased  pay  of  enlisted  men  of 
Army  of  United  States 695b 

Same — Not  applicable  to  contin- 
uous-service pay 695c 

Rates  of  additional  pay  for  quali- 
fying in  marksmanship,  etc 699a 

Enlisted  men  prohibited  from 
civil  employment 701a 

Act  not  to  be  construed  as  re- 
ducing pay  or  allowances  of 
any  enliste<l  man 702a 

Detail  of  enlisted  men  for  re- 
cruiting duty ^ 704a 

Temporary  sergeants  and  cor- 
porals at  recruiting  depots 704b 

One  enlisted  man  at  each  recruit 
depot  to  have  rank,  pay,  and 
allowances  of  a  regimental 
sergeant  ma joF 704c 

Allotments  of  pay  by  officers,  en- 
listed men,  and  certain  civilian 
ployees ;__    711a 

Same — Payment  to  allottees, 
credits  to  disbursing  officers, 
liability  for  erroneous  pay- 
ments     712a 

Allotments  and  family  allow- 
ances  712b-712aa 

Article  applicable  to  military 
and  naval  forces 712b 

Allotments,  compulsory  and  vol- 
untary      712c 

Amount  of  compulsory  allot- 
ments       712d 

Same — To  illegitimate  child 712e 

Same — To  divorced  wife  in  addi- 
tion to  allotment  to  wife  or 
child . 712f 

Voluntary  allotments,  amounts, 
and  regulations  for 712g 

Family   allowances 712h-712v 

Amount 712h 

Same — Duration  of 7121 

Same — Not  to  begin  prior  to  No- 
vember 1, 1917 712J 


110 


MILITARY  lAWS  OF   THE  UNITED  STATES,  1915. 


Par. 

Regulations  governing  desertion, 

imprisonment,   etc 712k 

Rates  of  pay  to  wife  and  chil- 
dren, class  A 7121 

Rates  of  pay  to  grandchild, 
parent,  brother,  or  sister,  class 
B 712m 

Compulsory  allotment  prerequi- 
site to  payment  to  members  of 
class  A 712u 

Amount  payable  to  divorced 
wife 

Amount  payable  to  wife  living 
apart  under  order  of  court, 
etc— 

Amount  payable  to  illegitimate 
child 

Conditions  prerequisite  to  pay- 
ment to  members  of  Class  B; 
amounts 712r 

Same — Exemption  from  addi- 
tional allotment  under  class  B 
as  prerequisite  may  be  granted 
for  cause 712.s 

Limitation  on  amounts  payable 
to  members  of  class  B 712t 

Same — ^Amount  of  allowance  and 
allotment  not  to  exceed 
amount  of  contribution  to  sup- 
port of 712u 

Apportionment  of  allotments  and 
family  allowances  between 
members  of  classes  A  and  B 712v 


712i> 


712p 


712q 


Par. 

Payments  of  allotments  to  Treas- 
ury Department  for  distribu- 
tion, etc 712w 

Investigations  as  to  allowances 
and  allotments 712x 

Same — Modification  of  award 
where  conditions  have 
changed,  etc 7r2y 

Same — ^Amount  of  each  monthly 
allotment  or  allowance  de- 
pendent upon  exijsting  condi- 
tions       712z 

Military  and  naval  family  allow- 
ance appropriation,  payments 
from    712aa 

Military  and  naval  pay  d^osit 
fund 716a 

Same — Available  for  payment  of 
principal  and  interest,  appro- 
priation for  interest 716b 

Deposit  of  unallotted  pay  to 
credit  of  enlisted  men 716c 

Interest,  payment  of  principal 
and  interest 716d 

Transportation  of  change  of  sta- 
tion allowance  of  baggage  on 
discharge  for  disability  of  en- 
listed man  having  10  years  or 
more  of  service 721a 

Pay  and  allowances  of  soldiers 
sentenced  to  dishonorable  dis- 
charge during  execution  of 
suspended  sentence 727a 

495a.  The  Quartermaster  Corps ^  composition  of. — The  Quarter- 
master Corps  shall  consist  of  one  Quartermaster  General  with  the 
rank  of  major  general ;  two  assistants  to  the  Quartermaster  General 
with  the  rank  of  brigadier  general ;  twenty-one  colonels ;  twenty-four 
lieutenant  colonels;  sixty-eight  majors;  one  hundred  and  eighty  cap- 
tains; and  the  pay  clerks  now  in  active  service,  who  shall  hereafter 
have  the  rank,  pay,  and  allowances  of  a  second  lieutenant,  and, the 
President  is  hereby  authorized  to  appoint  and  commission  them,  by 
and  with  the  advice  and  consent  of  the  Senate,  second  lieutenants  in 
the  Quartermaster  Corps,  United  States  Army.^  Sec,  P,  act  of  June 
8,1916  {39  Stat.  170). 

^A  second  lieutenant.  Quartermaster  Corps,  commissioned  from  pay  clerk  un- 
der section  9  of  the  national-defense  act,  requested  that  he  be  transferred  to 
second  lieutenant  of  Infantry, 

Held,  that  under  existing  laws  such  transfer  is  not  authorized.  (War  Dept. 
Bull.  3,  Jan.  19,  1917.) 

Held,  that  the  new  positions  created  belong  to  the  Quartermaster  Corps  as  a 
whole,  and  the  rule  prescribed  by  the  act  of  Aug.  3,  1912  (37  Stat.  591),  in 
connection  with  the  reorganization  of  that  corps,  is  not  applicable,  and  that  the 


MILITABY  LAWS   OF   THE   UNITED  STATES,  1915.  Ill 

(S«e  paragraphs  506b,  514b,  and  515a  for  the  ensuing  provisions  of  this 
section. ) 

499a.  Disbursements  hy  officers  as  agents  of  officers  of  QvAirter- 
master  Corps, — Hereafter,  under  such  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  War,  officers  of  the  Quartermaster  Corps 
accountable  for  public  moneys  may  intrust  such  moneys  to  other 
officers  for  the  purpose  of  having  them  make  disbursements  as  their 
agents,  and  the  officers  to  whom  the  moneys  are  intrusted,  as  well  as 
the  officers  who  intrust  it  to  them, shall  beheld  pecuniarily  responsible 
therefor  to  the  United  States.     Act  of  May  12, 1917  {40  Stat,  50). 

501a.  Chief  to  he  Quartermaster  General. — Hereafter  the  title  of 
the  Chief  of  the  Quartermaster  Corps  shall  be  Quartermaster  General 
of  the  Army.     Act  of  Apr,  27, 1914  {38  Stat.  366). 

506a.  Enlisted  men,  composition  of, — The  enlisted  force  of  the 
Quartermaster  Corps  shall  consist  of  not  to  exceed  fifteen  master 
electricians,  three  hundred  and  eighty  sergeants  (first  class),  one 
thousand  two  hundred  and  forty  sergeants,  six  hundred  corporals, 
two  thousand  nine  hundred  and  twenty  privates  (first  class),  seven 
hundred  and  fifty  privates,  and  ninety-five  cooks,  all  of  whom  shall 
receive  the  same  pay  and  allowances  as  enlisted  men  of  corresponding 
grades  in  the  Signal  Corps  of  the  Army,  and  shall  be  assigned  to 
such  duties  p>ertaining  to  the  Quartermaster  Corps  as  the  Secretary 
of  War  may  prescribe.     Act  of  Mar.  4, 1915  {38  Stat.  1066). 

506b.  Enlisted  strength,  composition  of. — The  total  enlisted 
strength  of  the  Quartermaster  Corps  and  the  number  in  each  grade 
shall  be  limited  and  fixed  from  time  to  time  by  the  President  in  ac- 
cordance with  the  needs  of  the  Army,  and  shall  consist  of  quarter- 
master sergeants,  senior  grade;  quartermaster  sergeants;  sergeants, 
first  class ;  sergeants ;  corporals ;  cooks ;  privates,  first  class ;  and  pri- 
vates. The  number  in  the  various  grades  shall  not  exceed  the  follow- 
ing percentages  of  the  total  authorized  enlisted  strength  of  the  Quar- 
termaster Corps,  namely :  Quartermaster  sergeants,  senior  grade,  five- 
tenths  of  one  per  centum;  quartermaster  sergeants,  six  per  centum; 
sergeants,  first  class,  two  and  five-tenths  per  centum;  sergeants, 
twenty-five  per  centum;  corporals,  ten  per  centum;  privates,  first 
class,  forty-five  per  centum;  privates,  nine  per  centum;  cooks,  two  per 
ceutum.     Sec.  9,  act  of  June  3, 1916  {39  Stat,  170), 

(See  paragraph  495a  for  the  preceding  provision  and  paragraphs  514b  and 
TATy^i  for  the  ensuing  provisions  of  this  section.) 

506c.  Enlistment  of  cook  instructors  with  grade  of  sergeants,  first- 
class,  Quartermaster  Corps. — The  Secretary  of  War  is  authorized  to 
enlist  twelve  hundred  competent  coolis  as  sergeants,  first-class,  Quar- 

vacancies  are  required  to  be  filled  according  to  the  general  rule  of  seniority  pre- 
scribed in  sec.  1  of  the  act  of  Oct  1,  1890  (26  Stat.  563).  (War  Dept.  BuU.  18, 
Aug.  18,  1916.) 


112  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915, 


termaster  Corps,  for  the  duration  of  the  war  only,  to  be  trained  as 
cook  instructors  and  to  be  employed  as  such.  Act  of  June  15,  1917 
(40  Stat.  18S). 

513a.  Grade  of  Tnilitary  storekeepeer  revived  for  apjyointrnent  of 
Charles  P.  Daly. — The  President  of  the  United  States,  in  his  discre- 
tion be,  and  he  is  hereby,  authorized  to  appoint  Charles  P.  Daly, 
chief  clerk,  office  of  the  Quartermaster  Corps,  United  States  Army, 
a  military  storekeeper  in  the  Quartermaster  Corps,  United  States 
Army,  with  the  rank,  pay,  and  allowances  of  a  captain,  mounted; 
and  the  grade  of  military  storekeeper  is  hereby  revived  in  the  Army 
of  the  United  States  for  this  purpose  only.  Act  of  Aug.  29,  1916 
(39  Stat.  626.) 

514a.  Appointment  of  quartermaster  sergeants  in  Quartermaster 
Corps. — Hereafter  the  Secretary  of  War  is  authorized  to  appoint 
such  number  of  quartermaster  sergeants.  Quartermaster  Corps,  not 
to  exceed  the  number  provided  for  by  law,  as  he  may  deem  necessary 
for  the  interest  of  the  service,  said  quartermaster  sergeants  to  be 
selected  from  the  most  competent  noncommissioned  officers  of  the 
Army,  who  shall  have  served  therein  at  least  five  years,  three  years 
of  such  service  having  been  rendered  as  noncommissioned  officers, 
and  whose  character  and  education  shall  fit  them  to  take  charge  of 
public  property  and  to  act  as  clerks  and  assistants  to  the  proper 
(officers  of  the  Army  in  charge  of  public  property.^  Act  of  Mar.  ^, 
1915  {38  Stat.  1066.) 

514b.  Master  electricians  hereafter  to  he  known  as  quartermaster 
sergeants,  senior  grade. — The  master  electricians  now  authorized  by 
'law  for  the  Quartermaster  Corps  shall  hereafter  be  known  as  quar- 
termaster sergeants,  senior  grade,  and  shall  be  included  in  the  num- 
ber of  quartermaster  sergeants,  senior  grade,  herein  authorized. 
Sec.  9,  Act  of  June  3, 1916  (39  Stat.  170). 

(See  paragraph  506b  for  tlie  provision  of  this  section  innnediately  preceding 
this  paragraph.) 

515a.  Duties  of  officers  include  construction  and  repair  work. — All 
work  pertaining  to  construction  and  repair  that  has  heretofore  been 
done  by  or  under  the  direction  of  officers  of  the  Quartermaster  Corps 
shall,  except  as  otherwise  now  provided  by  laws  or  regulations, 
hereafter  be  done  by  or  under  the  direction  of  officers  of  said  corps. 
Id.  171. 

521a.  Sale  of  surplus  ice,  electric  current,  etc.,  from  Government 
plants  where  no  competition. — Whenever  the  ice  machines,  steam 
laundries,  and  electric  plants  shall  not  come  in  competition  with 

*For  similar  provision  see  act  of  Apr.  27,  1914  (39  Stat.  354), 


MILITARY   LAWS   OF    THE   UNITED   STATES,  1915.  113 

private  enterprise  for  sale  to  the  public,  and  in  the  opinion  of  the 
Secretary  of  War  it  becomes  necessary  to  the  economical  use  and 
administration  of  such  ice  machines,  steam  laundries,  and  electric 
plants  as  have  been  or  may  hereafter  be  established  in  pursuance 
of  law,  surplus  ice  may  be  disposed  of,  laundry  work  may  be  done 
for  other  branches  of  the  Government,  and  surplus  electric  light  and 
power  may  be  sold  on  such  terms  and  in  accordance  with  such  regu- 
lations as  may  be  prescribed  by  the  Secretary  of  War.  Act  of  Aug, 
29,1916  {39  Stat.  631). 

(For  similar  provisions  see  act  of  May  12,  1917,  40  Stat.  52-) 

521b.  Same — Disposition  of  'proceeds  of  such  sales. — The  funds  re- 
ceived from  such  sales  and  in  payment  for  such  laundrj^  work  shall 
be  used  to  defray  the  cost  of  operation  of  said  ice,  laundry,  and 
electric  plants,  and  the  sales  and  expenditures  herein  provided  for 
shall  be  accounted  for  in  accordance  with  the  methods  prescribed 
by  law,  and  any  sums  remaining  after  such  cost  of  maintenance  and 
operation  have  been  defrayed  shall  be  deposited  in  the  Treasury  to 
the  credit  of  the  appropriation  from  which  the  cost  of  operation  of 
such  plant  is  paid.    Id.,  632. 

(For  similar  provision  see  act  of  May  12,  1917,  40  Stat.  52.) 

525a.  Provision  giving  preference  to  transportation  of  troops  and 
material  of  war  amended  so  as  to  require  prom.pt  delivery  in  time  of 
peace  without  regard  to  any  embargo  which  may  have  heen  declared. — 
Section  six  of  an  Act  entitled  "An  Act  to  regulate  commerce,"  ap- 
proved February  fourth,  eighteen  hundred  and  eighty-seven,  as 
amended  March  second,  eighteen  hundred  and  eighty-nine,  and  Juno 
twenty-ninth,  nineteen  hundred  and  six,  w^hich  reads: 

"  That  in  time  of  war  or  threatened  war  preference  and  precedence 
shall,  upon  demand  of  the  President  of  the  United  States,  be  given 
over  all  other  traffic  for  the  transportation  of  troops  and  material  of 
war,  and  carriers  shall  adopt  every  means  within  their  control  to 
facilitate  and  expedite  the  military  traffic,"  be  amended  to  read  as 
follows : 

'•  That  in  time  of  war  or  threatened  war  preference  and  precedence 
sliall,  upon  demand  of  the  President  of  the  United  States,  be  given 
over  all  other  traffic  for  the  transportation  of  troops  and  material 
of  war,  and  carriers  shall  adopt  every  means  within  their  control 
(0  facilitate  and  expedite  the  military  traffic.  And  in  time  of  peace 
shipments  consigned  to  agents  of  the  United  States  for  its  use  shall 
be  delivered  by  the  carriers  as  promptly  as  possible  and  without 
regard  to  any  embargo  that  ma}^  have  been  declared,  and  no  such 
embargo  shall  apply  to  shipments  so  consigned."  Id.,  60^, 
54208°— 18 8 


114  MILITARY   LAWS   OF   THE   UNITED  STATES^   1915, 

TEAI^TSPOETATION   IN  TIME  OF  WAIU 

525b.  In  time  of  war  possession  and  control  may  he  tahen  of  trans- 
portation systems. — The  President,  in  time  of  war,  is  empowered, 
through  the  Secretary  of  War,  to  take  possession  and  asgnme  control 
of  any  system  or  systems  of  transportation,  or  any  part  thereof,  and 
to  utilize  the  same,  to  the  exclusion  as  far  as  may  be  necessary  of  all 
other  traffic  thereon,  for  the  transfer  or  transportation  of  troops,  war 
material  and  equipment,  or  for  such  other  purposes  connected  with 
the  emergency  as  may  be  needful  or  desirable.    Id..,  645. 

525c.  Obstructing  or  retarding,  etc,  orderly  conduct  or  movement 
of  interstate  or  foreign  commerce,'  or  orderly  moveTnent  of  trains, 
etc.,  engaged  therein,  punishment;  employment  of  armed  forces. — 
On  and  after  the  approval  of  this  Act  any  person  or  persons  who 
shall,  during  the  war  in  which  the  United  States  is  now  engaged, 
knowingly  and  willfully,  by  physical  force  or  intimidation  by  threats 
of  physical  force  obstruct  or  retard,  or  aid  in  obstructing  or  retard- 
ing, the  orderly  conduct  or  movement  in  the  United  States  of  inter- 
state or  foreign  commerce^  or  the  orderly  make-up  or  movement  or 
disposition  of  any  train,  or  the  movement  or  disposition  of  any  loco- 
motive, car,  or  other  vehicle  on  any  railroad  or  elsewhere  in  the 
United  States  engaged  in  interstate  or  foreign  commerce  shall  be 
deemed  guilty  of  a  misdemeanor,  and  for  every  such  offense  shall' be 
punishable  by  a  fine  of  not  exceeding  $100  or  by  imprisonment  for 
not  exceeding  six  months,  or  hj  both  such  fine  and  imprisonment ; 
and  the  President  of  the  United  States  is  hereby  authorized,  when- 
ever in  his  judgment  the  public  interest  requires,  to  employ  the  armed 
forces  of  the  United  States  to  prevent  any  such  obstruction  or  re- 
tardation of  the  passage  of  the  mail,  or  of  the  orderly  conduct  or 
movement  of  interstate  or  foreign  commerce  in  any  part  of  the  United 
States,  or  of  any  train,  locomotive,  car,  or  other  vehicle  upon  any 
railroad  or  elsewhere  in  the  United  States  engaged  in  interstate  or 
foreign  commerce.  Act  of  Aug.  tO,  1917  {IfO  Stat.  272),  amending 
Sec.  1,  Act  of  Feh.  4,  1887,  as  amended  ly  Act  of  Jvme  29,  1906  {34 
Stat.  580),  and  Act  of  Aug.  29,  1916  {39  Stat.  631). 

525d.  Provisions  relative  to  decrees  of  antitrust  violations,  labor 
disputes,  etc.,  not  repealed. — Nothing  in  this  section  shall  be  con- 
strued to  repeal,  modify,  or  affect  either  section  six  or  section  twenty 
of  an  Act  entitled  'An  Act  to  supplement  existing  laws  against  un- 
lawful restraints  and  monopolies,  and  for  other  purposes,'  approved 
October  fifteenth,  nineteen  hundred  and  fourteen.*  Act  of  Aug.  10, 
1917  {40  Stat.  272). 

525e.  Preference  or  priority  of  transportation  of  commodities 
essential  to  national  defense. — During  the  continuance  of  the  war  in 

»38  Stat,  731,  738. 


MILITAEY  LAWS  OF   TELE  UNITED  STATES,  1915.  115 

which  the  United  States  is  now  engaged  the  President  is  authorized, 
if  he  jfinds  it  necessary  for  the  national  defence  and  security,  to  direct 
that  such  traffic  or  such  shipments  of  commodities  as,  in  his  judgment, 
may  be  essential  to  the  national  defense  and  security  shall  have 
preference  or  priority  in  transportation  by  any  common  carrier  by 
railroad,  water,  or  otherwise.    Id. 

525f .  Sdme — Directions  for, — He  may  give  these  directions  at  and 
for  such  times  as  he  may  determine,  and  may  modify,  change,  sus- 
pend, or  annul  them,  and  for  any  such  purpose  he  is  hereby  author- 
ized to  issue  orders  direct,  or  through  such  person  or  persons  as  he 
may  designate  for  the  purpose  or  through  the  Interstate  Commerce 
Commission.  Officials  of  the  United  States,  when  so  designated,  shall 
receive  no  compensation  for  their  services  rendered  hereunder.    Id. 

525g.  SaTTie — Offices  for  persons  designated,  compensation,  etc. — 
Persons  not  in  the  employ  of  the  United  States  so  designated  shall 
receive  such  compensation  as  the  President  may  fix.  Suitable  offices 
may  be  rented  and  all  necessary  expenses,  including  compensation  of 
persons  so  designated  shall  be  paid  as  directed  by  the  President  out 
of  funds  which  may  have  been  or  may  be  provided  to  meet  expendi- 
tures for  the  national  security  and  defense.    Id. 

525h.  Maintenance  of  agencies  at  Washington  hy  com/nwn  car- 
riers.— The  common  carriers  subject  to  the  Act  to  regulate  commerce 
or  as  many  of  them  as  desire  so  to  do  are  hereby  authorized  without 
responsibility  or  liability  on  the  part  of  the  United  States,  financial 
or  otherwise,  to  establish  and  maintain  in  the  city  of  Washington 
during  the  period  of  the  war  an  agency  empowered  by  such  carriers 
as  join  in  the  arrangement  to  receive  on  behalf  of  them  all  notice 
and  service  of  such  orders  and  directions  as  may  be  issued  in  accord- 
ance with  this  Act,  and  service  upon  such  agency  shall  be  good  serv- 
ice as  to  all  the  carriers  joining  in  the  establishment  thereof.    Id,  273, 

525i.  Duties  of  common  earners,  punishment  for  failure  to  per- 
foi'm. — And  it  shall  be  the  duty  of  any  and  all  the  officers,  agents, 
or  employees  of  such  carriers  by  railroad  or  water  or  otherwise  to 
obey  strictly  and  conform  promptly  to  such  orders,  and  failure  know- 
ingly and  willfully  to  comply  therewith,  or  to  do  or  perform  what- 
e^  er  is  necessary  to  the  prompt  execution  of  such  order,  shall  render 
such  officers,  agents,  or  employees  guilty  of  a  misdemeanor,  and  any 
such  officer,  agent,  or  employee  shall,  upon  conviction,  be  fined  not 
more  than  $5,000,  or  imprisoned  not  more  than  one  year,  or  both, 
in  the  discretion  of  the  court.    Id. 

525 j.  Rates  for  transportation  of  persons  and  property  to  he  just 
and  reasonable,  etc. — For  the  transportation  of  persons  or  property 
in  carrying  out  the  orders  and  directions  of  the  President,  just  and 
reasonable  rates  shall  be  fixed  by  the  Interstate  Commerce  Com- 
mission; and  if  the  transportation  be  for  the  Government  of  the 


116  MILITARY   LAWS  OF   THE   UNITED   STATES,   10L5. 

United  States,  it  shall  be  paid  for  currently  or  monthly  by  the  Sec- 
retary of  the  Treasury  out  of  any  funds  not  otherwise  appropri- 
ated.   Id. 

525k.  Exeinytion  from  'preferential  or  frior'dy  provisions  in  ex- 
isting law. — Any  carrier  complying  with  any  such  order  or  direction 
for  preference  or  priority  herein  authorized  shall  be  exempt  from  any 
and  all  provisions  in  existing  law  imposing  civil  or  criminal  pains, 
penalties,  obligations,  or  liabilities  upon  carriers  by  reason  of  giving 
preference  or  priority  in  compliance  with  such  order  or  direction. 
Id. 

534:a.  Transfer  of  vessels^  equipment^  stations^  and  personnel  of 
Lighthouse  Service  to  War  Department  in  tirne  of  7iational  erner- 
gcncy. — The  President  is  hereby  authorized,  whenever  in  his  judg- 
ment a  sufficient  national  emergency  exists,  to  transfer  to  the  service 
and  jurisdiction  of  the  Navy  Department,  or  of  the  War  Department, 
such  vessels,  equipment,  stations,  and  personnel  ^  of  the  Lighthouse 
Service  as  he  may  deem  to  the  best  interests  of  the  country,  and  after 
such  transfer  all  expenses  connected  therewith  shall  be  defrayed  out 
of  the  appropriations  for  the  department  to  wiiich  transfer  is  made. 
Act  of  Aug.  29,  WIG  {39  Stat.  602). 

534b.  Same — Return  of  to  Lighthouse  Service  when  einergency 
ceases. — Such  vessels,  equipment,  stations,  and  personnel  shall  be 
returned  to  the  Lighthouse  Service  w^hen  such  national  emergency 
ceases  in  the  opinion  of  the  President,  and  nothing  in  this  Act  shall 
be  construed  as  transferring  the  Lighthouse  Service  or  any  of  its 
functions  from  the  Department  of  Commerce  except  in  time  of  na- 
tional emergency  and  to  the  extent  herein  provided.     Id. 

534c.  Same — Personnel  while  under  ju7'isdiction  of  War  Depart- 
ment subject  to  Articles  of  War. — Any  of  the  personnel  of  the 
Lighthouse  Service  who  may  be  transferred  as  herein  provided  shall, 
Vvhile  under  the  jurisdiction  of  the  Navy  Department  or  War  De- 
]:>artment,  be  subject  to  the  laws,  regulations,  and  orders  for  the 
government  of  the  Navy  or  Army,  as  the  case  may  be,  in  so  far  as 
the  same  may  be  applicable  to  persons  whose  retention  permanently 
in  the  military  service  of  the  United  States  is  not  contemplated  by 
law.     Id. 

534d.  Same — Secretaries  of  War,  Navy,  and  Commerce  to  pre- 
f^crlhe  regulations  governing  duties  of  Lighthouse  Service  in  time  of 
war. — The  Secretary  of  the  Navy,  the  Secretary  of  War,  and  the 

^  In  case  of  a  transfer  of  the  Lighthouse  Service  to  the  War  Department  in 
time  of  national  emergency,  as  provided  bv  the  act  of  Aug.  29,  191G  (89 
Stat..  602), 

Held,  that  such  employees  will  retain  their  civilian  status  and  that  tlie  em- 
ployees' compensation  act  of  Sept.  17,  1916  (39  Stat.,  742),  will  be  applicable 
to  them  in  case  of  their  injury  or  death  in  line  of  duty;  and  further,  that  in 
case  of  their  capture  by  the  enemy,  the  principles  of  international  law  relat- 
ing to  prisoners  of  war  no  doubt  will  apply.     (War  Dept.  Bull.  18,  Apr.  6,  1917.) 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1015.  117 

Secretary  of  Commerce  shall  jointly  prescribe  regulations  governing 
the  duties  to  be  performed  by  the  Lighthouse  Service  in  time  of  war, 
and  for  the  cooperation  of  that  service  with  the  Navy  and  War  De- 
partments in  time  of  peace  in  preparation  for  its  duties  in  war.  and 
this  may  include  arrangements  for  a  direct  line  of  communication 
between  the  officers  or  bureaus  of  the  Navy  and  War  Departments 
and  the  Bureau  of  Lighthouses  to  provide  for  immediate  action  on 
all  communications  from  these  departments.     Id. 

534e.  Shipping  Board  to  have  constructed  or  purchase^  lease,  or 
charter  vessels  suitable  for  use  as  Army  transports  or  for  other  mili- 
tary purposes,  etc. — The  board,  with  the  approval  of  the  President, 
is  authorized  to  have  constructed  and  equipped  in  American  ship- 
yards and  navy  yards  or  elsewhere,  giving  preference,  other  things 
being  equal,  to  domestic  yards,  or  to  purchase,  lease,  or  charter,  ves- 
sels suitable,  as  far  as  the  commercial  requirements  of  the  marine 
trade  of  the  United  States  may  permit,  for  use  as  naval  auxilliaries 
or  Army  transports,  or  for  other  naval  or  military  purposes,  and 
to  make  necessary  repairs  on  and  alterations  of  such  vessels.  Sec.  6, 
act  of  Sept.  7, 1916  {39  Stat.  730). 

534f.  Vessels  of  War  Department  not  needed  for  military  purposes 
in  time  of  peace  may  he  transferred  to  the  hoard  pernnanently  or  for 
limited  periods. — The  President  may  transfer  either  permanently  or 
for  limited  periods  to  the  board  such  vessels  belonging  to  the  War 
or  Navy  Department  as  are  suitable  for  commercial  uses  and  not 
required  for  military  or  naval  use  in  time  of  peace,  and  cause  to  be 
transferred  to  the  board  vessels  ow^ned  by  the  Panama  Railroad 
Company  and  not  required  in  its  business.    Sec.  6,  Id. 

534g.  Cost  of  ships  turned  over  to  Army  excepted  from  appro- 
priation for  ships  which  is  to  he  reimhursed  cost  of  same. — The  cost 
of  purchasing,  requisitioning,  or  otherwise  acquiring  plants,  material, 
charters,  or  ships  now  constructed  or  in  the  course  of  construction  and 
the  expediting  of  construction  of  ships  thus  under  construction  shall 
not  exceed  the  sum  of  $250,000,000,  exclusive  of  the  cost  of  ships 
turned  over  to  the  Army  and  Navj^,  the  expenditure  of  which  is  here- 
by authorized,  and  in  executing  the  authority  granted  by  this  Act  for 
such  purpose  the  President  shall  not  expend  or  obligate  the  United 
States  to  expend  more  than  the  said  sum;  and  there  is  hereby  appro- 
priated for  said  purpose,  $150,000,000:  Provided,  That  this  appropri- 
ation shall  be  reimbursed  from  available  funds  under  the  War  and 
Navy  Departments  for  vessels  turned  over  for  the  exclusive  use  of 
those  departments  or  either  of  them.  Act  of  June  15,  1917  {Ifi  Stat, 
183). 

COAST  AND  GEODETIC  SURVEY. 

534h.  Transfer  of  vessels,  equipment,  stations,  and  personnel  of  to 
War  Department,  etc.,  in  time  of  national  emergency, — The  President 


118  MILITARY  lAWS  OS"   THE   UNITEI>  STATES,  1915, 

is  hereby  authorized,  whenever  in  his  judgment  a  sufficient, national 
emergency  exists,  to  transfer  to  the  service  and  jurisdiction  of  the 
War  Department^  or  of  the  Navy  Department,  such  vessels,  equip- 
ment, stations,  and  personnel  of  the  Coast  and  Geodetic  Survey  as 
he  may  deem  to  the  best  interest  of  the  country,  and  after  such  trans- 
fer all  expenses  connected  therewith  shall  be  defrayed  out  of  the 
appropriations  for  the  department  to  which  transfer  is  made.  Srec^ 
16,  Act  of  May  22, 1917  (W  Stat.  87). 

534i.  Same — Return  of  when  ernergency  ceases. — Such  vessels, 
equipment,  stations,  and  personnel  shall  be  returned  to  the  Coast  and 
Geodetic  Survey  when  such  national  emergency  ceases,  in  the  opinion 
of  the  President,  and  nothing  in  this  Act  shall  be  construed  as  trans- 
ferring the  Coast  and  Geodetic  Survey  or  any  of  its  functions  from 
the  Department  of  Commerce  except  in  time  of  national  emergency 
and  to  the  extent  herein  provided.    Id. 

534j.  Same — Personnel  subject  to  Articles  of  War,  etc.,  wliil^ 
under  jurisdiction  of  War  Department. — Any  of  the  personnel  of  the 
Coast  and  Geodetic  Survey  who  may  be  transferred  as  herein  pro- 
vided shall,  while  under  the  jurisdiction  of  the  War  Department  or 
Navy  Department,  have  proper  militaiy  status  and  shall  be  subject  to 
the  laws,  regulations,  and  orders  for  the  government  of  the  Army  or 
Navy,  as  the  case  may  be^  in  so  far  as  the  same  may  be  applicable  to 
persons  whose  retention  permanently  in  the  military  service  of  the 
United  States  is  not  contemplated  by  law.    Id.,  88. 

534k.  Pay  and  allowances  not  to  he  reduced  hy  transfer;  pension 
for  disabilities  incurred  while  under  jurisdiction  of  War  Depart^ 
ment. — Nothing  in  this  Act  shall  reduce  the  total  amount  of  pay  and 
allowances  they  were  receiving  at  the  time  of  transfer.  While  actu- 
ally employed  in  active  service  under  direct  orders  of  the  War  De- 
partment or  of  the  Navy  Department  members  of  the  Coast  and  Geo- 
detic Survey  shall  receive  the  benefit  of  all  provisions  of  laws  relat- 
ing to  disability  incurred  in  line  of  duty  or  loss  of  life.    Id. 

(See  paragraph  534o,  post.) 

5341.  Same — Examinxitions  for  appointment  and  promotion. — No 
person  shall  be  appointed  aid  or  shall  be  promoted  from  aid  to  junior 
hydrographic  and  geodetic  engineer  or  from  junior  hydrographic 
and  geodetic  engineer  to  hydrographic  and  geodetic  engineer  until 
after  passing  a  satisfactory  mental  and  physical  examination  con- 
ducted in  accordance  with  regulations  prescribed  by  the  Secretary 
of  Commerce,  except  that  the  President  is  authorized  to  nominate 
for  confirmation  the  assistants  and  aids  in  the  service  on  the  date  of 
the  passage  of  this  Act.     Id. 

534in.  Field  officers,  designation,  appointment,  and  pay. — The 
President  is  authorized  to  appoint,  by  and  with  the  advice  and 
consent  of  the  Senate,  the  field  officers  of  the  Coast  and  Geodetic 


MILITABY  LAWS  OF   THE   UNITEI>  STATES,  1915.  119 

Survey,  who  are  now  officially  designated  assistants  and  aids,  as 
follows :  Officers  now  designated  assistants  and  receiving  a  salary  of 
$2,000  or  more  per  annum  shall  be  appointed  hydrographic  and 
geodetic  engineers;  officers  now  designated  assistants  and  receiving 
a  salary  of  $1,200  or  greater  but  less  than  $2,000  per  annmn  shall  be 
appointed  junior  hydrographic  and  geodetic  engineers;  cheers  now 
designated  aids  shall  be  appointed  aids.     Id. 

534ii.  Relative  rank  while  serving  with  Army^  etc. — When  serving 
with  the  Army  or  Navy  the  relative  rank  shall  be  as  follows : 

Hydrographic  and  geodetic  engineers  receiving  $4,000  or  more 
shall  rank  with  and  after  colonels  in  the  Army  and  captains  in  the 
Navy. 

Hydrographic  and  geodetic  engineers  receiving  $3,000  or  more  but 
less  than  $4,000  shall  rank  with  and  after  lieutenant  colonels  in  the 
Army  and  commanders  in  the  Navy. 

Hydrographic  and  geodetic  engineers  receiving  $2,500  or  more  but 
less  than  $3,000  shall  rank  with  and  after  majors  in  the  Army  and 
lieutenant  commanders  in  the  Navy. 

Hydrographic  and  geodetic  engineers  receiving  $2,000  or  more  but 
less  than  $2,500  shall  rank  with  and  after  captains  in  the  Army  and 
lieutenants  in  the  Navy. 

Junior  hydrographic  and  ^odetic  engineers  shall  rank  with  and 
after  first  lieutenants  in  the  Army  and  lieutenants  (junior  grade)  in 
the  Navy. 

Aids  shall  rank  with  and  after  second  lieutenants  in  the  Army  and 
ensigns  in  the  Navy.     Id. 

534o.  Rates  of  pay  for  nonmilitary  duty  not  affected. — Nothing 
in  this  Act  shall  be  construed  to  affect  or  alter  their  rates  of  pay  and 
allowances  when  not  assigned  to  military  duty  as  hereinbefore 
mentioned.    Id. 

(See  Paragraph  534k,  ante.) 

534p.  Secretaries  of  War^  Navy,  and  Commerce  to  prescribe  reg- 
ulations governing  duties  of  in  time  of  tvar. — The  Secretary  of  War, 
the  Secretary  of  the  Navy,  and  the  Secretary  of  Commerce  shall 
jointly  prescribe  regulations  governing  the  duties  to  be  performed 
by.  the  Coast  and  Geodetic  Survey  in  time  of  war,  and  for  the 
cooperation  of  that  service  with  the  War  and  Navy  Departments  in 
time  of  peace  in  preparations  for  its  duties  in  war,  which  regula- 
tions shall  not  be  effective  unless  approved  by  each  of  the  said  Secre- 
tiuies,  and  included  therein  may  be  rules  and  regulations  for  making 
reports  and  communications  between  the  officers  or  bureaus  of  the 
War  and  Navy  Departments  and  the  Coast  and  Geodetic  Survey. 
hi 

534q.  Status  and  rights  of  officers  of  Public  Health  Service  when 
serving  with  Coast  Guard ^  Army^  or  Navy. — When  officers  of  the 


120 

United  States  Public  Health  Service  are  serving  on  Coast  Guard 
vessels  in  time  of  war,  or  are  detailed  in  time  of  war  for  duty  with  the 
Army  or  Navy  in  accordance  with  law,  they  shall  be  entitled  to  pen- 
sions for  themselves  and  widows  and  children,  if  any,  as  are  now 
provided  for  officers  of  corresponding  grade  and  length  of  service 
of  the  Coast  Guard,  Army  or  Navy,  as  the  case  may  be,  and  shall 
be  subject  to  the  laws  prescribed  for  the  government  of  the  service 
to  which  they  are  respectively  detailed.  Joint  Res.  of  July  9,  1917 
{JfO  Stat.  2Jt2), 

538a.  Sale  of  horses  and  mules  not  required  for  Regular  Annij  or 
National  Guard. — The  Secretary  of  War  is  hereby  authorized  upon 
the  approval  of  this  Act  to  sell  for  cash  at  either  public  or  private 
sale  such  horses  and  mules  as  are  not  needed  for  either  the  Regular 
Army  or  the  National  Guard  and  the  proceeds  shall  be  turned  into 
the  United  States  Treasury  as  miscellaneous  receipts.  Act  of  May 
W,  1917  {IfO  Stat.  55). 

546a.  Limit  of  expenditures  on  huildings,  military  posts,  etc. — 
Hereafter  no  expenditure  exceeding  $5,000  shall  be  made  upon  any 
building  or  military  post  or  grounds  about  the  same  witliout  the 
approval  of  the  Secretary  of  War,  upon  detailed  estimates  submitted 
to  him.    Act  of  May  12,  1917  {JfO  Stat.  7J^). 

547a.  Limit  of  cost  of  harracls  and  quarter s.-^lA^vo.'n^iWv  no  money 
appropriated  for  military  posts  shall  be  expended  for  the  construc- 
tion of  quarters  for  officers  of  the  army  or  for  barracks  and  quarters 
for  the  artillery  the  total  cost  of  which,  including  the  heating  and 
plumbing  apparatus,  wiring,  and  fixtures,  shall  exceed,  in  the  case  of 
quarters  of  a  general  officer,  the  sum  of  fifteen  thousand  dollars; 
of  a  colonel  or  an  officer  above  the  rank  of  captain,  twelve  thousand 
dollars,  and  of  an  officer  of  and  below  the  rank  of  captain,  nine 
thousand  dollars.     Sec.  1,  act  of  June  25,  1910  {36  Stat.  721). 

547b.  Hospital  huildings,  limit  of  cost  for  erection  of  unless  au- 
thorized hy  Congress. — No  building  or  structure  of  a  permanent 
nature,  the  cost  of  which  shall  exceed  $30,000,  shall  hereafter  be 
erected  for  use  as  an  Army  hospital  unless  by  special  authorit}'  of 
Congress.     Act  of  May  12,  1917  {J^O  Stat.  58), 

547c.  Barracks  and  quarters;  land  for  cantonments,  camp  sitas, 

etc. — *     *     *     For  grounds  for  cantonments,  camp  sites,  and  other 

military  purposes,  and  for  buildings  or  portions  of  buildings  for 

occupation  by  troops,  for  use  as  stables,  storehouses,  and  offices,  and 

for  ether  military  purposes;     *     *     *.    Act  of  Oct.  6, 1917  {J4O  Stat. 

303). 

(The  language  here  used,  which  authorizes  the  purchase  instead  of  the  leoKhig 
of  land  for  cantonments,  camp  sites,  etc.,  first  occurred  in  the  act  of  May  12, 
1917    (40  Stat.,  56). 

553a.  Annual  estimates  for  estahlishrnent  and  m/tintenance  of  rife 

ranges. — The  Secretary  of  War  shall  annually  submit  to  Congress 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  121 

recommendations  and  estimates  for  the  establishment  and  mainte- 
nance of  indoor  and  outdoor  rifle  ranges,  under  such  a  comprehensive 
plan  as  will  ultimately  result  in  providing  adequate  facilities  for 
1  ifie  practice  in  all  sections  of  the  country.  Sec.  IIS,  Act  of  June  3, 
1916   {39  Stat.  Ml). 

553b.  Same — Estdblished  ranges  to  he  open  for  use  of  any  hranch 
of  niilitary  or  naval  service^  and  for  civilians. — And  that  all  ranges 
so  established  and  all  ranges  which  may  have  already  been  con- 
structed, in  whole  or  in  part,  with  funds  provided  by  Congress  shall 
be  open  for  use  by  those  in  any  branch  of  the  military  or  naval  serv- 
ice of  the  United  States  and  by  all  able-bodied  males  capable  of 
bearing  arms,  under  reasonable  regulations  to  be  prescribed  by  the 
controlling  authorities  and  approved,  by  the  Secretary  of  War.    Id. 

553c.  Same — Detail  of  officers  and  noncommissioned  officers  of 
Regular  Army  as  instructoi's  at^  and  issue  of  arms  and  ammunition 
for  use  of. — The  President  may  detail  capable  officers  and  noncom- 
missioned officers  of  the  Regular  Army  and  National  Guard  to  duty 
fit  such  ranges  as  instructors  for  the  purpose  of  training  the  citi- 
zenry in  the  use  of  the  military  arm.  Where  rifle  ranges  shall  have 
been  so  established  and  instructors  assigned  to  duty  thereat,  the  Sec- 
retary of  War  shall  be  authorized  to  provide  for  the  issue  of  a 
reasonable  number  of  standard  military  rifles  and  such  quantities 
of  ammunition  as  may  be  available  for  use  in  conducting  such  rifle 
practice.     Id. 

553d.  Annual  trofJiy^  medals.^  and  frizes .^  regulations  for  to  he 
prescribed  hy  Secretary  of  War.—^ov  the  purpose  of  furnishing  a 
national  trophy  and  medal  and  other  prizes  to  be  provided  and  con- 
tested for  annually,  under  such  regulations  as  may  be  prescribed  by 
the  Secretary  of  War,  and  contests  to  be  open  to  the  Army,  and  the 
National  Guard  or  organized  militia  of  the  several  States,  Terri- 
tories, and  of  the  District  of  Columbia,  and  for  the  cost  of  the  trophy, 
prizes,  and  medals  herein  provided  for,  the  sum  of  two  thousand  five 
hundred  dollars  be,  and  the  same  is  hereby,  annually  appropriated, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  to  be 
expended  for  the  purposes  hereinbefore  prescribed  under  the  direc- 
tion of  the  Secretary  of  War.    Act  of  Mar.  2,  1903  {32  Stat.  941). 

563a.  Extra-duty  pay,  United  States  disciplinary  hai'racks  guard , 
rates. — Hereafter  the  extra-duty  pay  to  the  United  States  dis- 
ciplinary barracks  guard  shall  be  at  the  following  rates  per  day: 
Sergeants,  thirty-five  cents;  corporals,  thirty  cents;  and  privates, 
twenty  cents.    Act  of  Aug.  29,  1916  {39  Stat.  632). 

563b.  Extra-duty  pay  for  mess  stewards  and  cooks  at  recruit  de- 
pots.— Extra-duty  pay  at  rates  to  be  fixed  by  the  Secretary  of  War 
for  mess  stewards  and  cooks  at  recruit  depots  who  are  graduates  of 


122  MILITAHY  LAWS   OF   THE   UNITED  STATES,  1915, 

the  schools  for  bakers  and  cooks,  and  instructor  cooks  at  the  schools 

for  bakers  and  coolis.     Id. 

(The  act  of  May  12,  1917  (40  Stat,  52),  contains  a  provision  identical 
witli  above.) 

563c.  Extra-duty  pay^  United  States  disciplinary  harrachs  guard, 
rates. — Hereafter  the  extra-duty  pay  to  the  United  States  disciplin- 
ary barracks  guard  shall  be  at  the  following  rates  per  day :  Battalion 
sergeants  major,  first  sergeants,  mess  sergeants,  supply  sergeants, 
and  sergeants,  35  cents;  corporals,  30  cents;  cooks  and  mechanics, 
privates  first  class,  privates,  and  buglers,  20  cents.  Act  of  May  12, 
J 9 17  (JO  jS tat,  5^). 

(See  also  paragraphs  563a,  ante.) 

570a.  Civilian  employees^  restinctions  on  em^ploymenf. — The  num- 
ber of  and  total  sum  paid  for  civilian  employees  in  the  Quarter- 
master Corps  shall  be  limited  to  the  actual  requirements  of  the  serv- 
ice, and  that  no  employee  therein  shall  receive  a  salary  of  more  than 
$150  per  month,  except  upon  the  approval  of  the  Secretary  of  War. 
Id.,  636.       . 

(For  similar  provision  see  act  of  May  12,  1917  (40  Stat.  56). 

578a.  Proceeds  from  sale  of  cuttings  of  material  for  clothing,  dis- 
position of. — Hereafter  the  proceeds  derived  from  the  sale  of  surplus 
cuttings  of  material  for  clothing  manufactured  by  the  Quartermaster 
Corps  of  the  Army  shall  be  deposited  to  the  credit  of  that  appropria- 
tion out  of  which  the  material  was  purchased.    Id.  635. 

588a.  Quartermaster  property,  articles  of,  may  he  sold  to  officers 
of  Navy  and  Marine  Corps. — Articles  of  serviceable  quartermaster 
property  may  be  sold  by  the  Quartermaster  General  of  the  Army  to 
officers  of  the  Navy  and  Marine  Cojpps,  for  their  use  in  the  public 
service,  in  the  same  manner  as  these  articles  are  now  sold  to  officers 
of  the  Army.    Act  of  Mar.  i,  1915  {38  Stat.  1079). 

588b.  Sal,e  of  subsistence  stores  to  officers  and  enlisted  men  of 
Navy  and,  Marine  Corps. — Hereafter  the  officers  and  enlisted  men 
of  the  Navy  and  the  Marine  Corps  shall  be  permitted  to  purchase 
subsistence  supplies  at  the  same  price  as  is  charged  the  officers  and 
the  enlisted  men  of  the  Army ;  and  the  officers  and  the  enlisted  men  of 
the  Army  shall  be  permitted  to  purchase  subsistence  supplies  from 
the  Navy  and  Marine  Corps  at  the  same  price  as  is  charged  the 
officei^  and  the  enlisted  men  of  the  Navy  and  Marine  Corps.  Act  of 
Aug.  29, 1616  {39  Stat.  630). 

611a.  Commutation  of  rations  for  enlisted  men  of  Army  and 
Militia  at  national  rife  match. — The  sum  of  $12,000  is  authorized  to 
be  exj>ended  for  supplying  meals  or  furnishing  commutation  of 
rations  to  enlisted  men  of  the  Regular  Army  and  the  Organized 


MILITARY  LAWS  OF   THE   UNITED  STATES,  11)15,  123 

Militia  who  may  be  competitors  in  the  national  rifle  match:  Pro^ 
vided  further^  That  no  competitor  shall  be  entitled  to  commiitatiorj 
of  rations  in  excess  of  $1.50  per  day,  and  when  meals  are  furnished 
no  greater  expense  than  that  sum  per  man  per  day  for  the  period  the 
contest  is  in  progress  shall  be  incurred.  Act  of  Mar.  ^,  191&  (S8  Stat, 
1072), 

611b.  Commutation  of  rations  for  cadets^  enlisted  men^  memnhers 
of  Nurse  Corfs^  ete.^  rates  of. — For  payments:  Of  commutation  of 
rations  to  the  cadets  of  the  United  States  Military  Academy  in  lieu 
of  the  regular  established  ration,  at  the  rate  of  40  cents  per  ration; 
of  the  regulation  allowances  of  commutation  in  lieu  of  rations  to 
enlisted  men  on  furlough,  enlisted  men  and  male  and  female  nurses 
when  stationed  at  places  where  rations  in  kind  can  not  be  economically 
issued,  and  when  traveling  on  detached  duty  where  it  is  imprac- 
ticable to  carry  rations  of  any  kind,  enlisted  men  selected  to  contest 
for  places  or  prizes  in  departments  and  Army  rifle  competitions 
while  traveling  to  and  from  places  of  contest,  male  and  female  nurses 
on  leaves  of  absence,  applicants  for  enlistment,  and  general  prisoners 
while  traveling  under  orders;  of  commutation  of  raticwis  in  lieu  of 
the  regular  established  ration  for  members  of  the  Nurse  Corps 
(female)  while  on  duty  in  hospital,  40  cents  per  ration,  and  for 
enlisted  men,  applicants  for  enlistment  while  held  under  observation, 
and  general  prisoners  sick  therein,  at  the  rate  of  30  cents  per  ration 
(except  that  at  the  general  hospital  at  Fort  Bayard,  New  Mexico,  50 
cents  per  ration  and  at  other  general  hospitals  40  cents  per  i^ation 
are  authorized  for  enlisted  patients  therein),  to  be  paid  to  the  sur- 
geon in  charge.    A^ot  of  Aug.  ^9, 1916  {39  Stat.  630). 

61  le.  Sam£. — -Including  Regular  Arrag  Restyrve  and  retired  enlisted 
men  %chen  ordered  to  active  duty. — Commutation  of  rations  to  the 
cadets  of  the  Umted  States  Military  Academy  in  lieu  of  the  regular 
established  ration,  at  the  rate  of  40  cents  per  ration ;  of  the  regula- 
tion allowances  of  commutation  in  lieu  of  rations  to  enlisted  men  on 
turloiigh,  enlisted  men  and  male  and  female  nurses  when  stationed 
at  places  where  rations  in  kind  can  not  be  economically  issued,  includ- 
ing enlisted  men  of  the  Regular  Army  Reserve  and  retired  enlisted 
men  when  ordered  to  active  duty,  and  when  traveling  on  detached 
duty  where  it  is  impracticable  to  carry  rations  of  any  kind,  enlisted 
men  selected  to  contest  for  places  or  prizes  in  departments  and  Army 
rifle  competitions  while  traveling  to  and  from  places  of  contest,  male 
and  female  nurses  on  leaves  of  absence,  applications  for  enlistment, 
and  general  prisoners  while  traveling  under  orders;  of  commutation 
of  rations  in  lieu  of  the  regular  established  ration  for  members  of 
the  Nurse  Corps  (female)  while  on  duty  in  hospital,  at  40  cents  per 
ration,  and  for  enlisted  men,  applicants  for  enlistment  while  held 


124  MILITARY   LAWS   OE   THE   UXITED   STATES,  1915. 

under  observation,  and  general  prisoners  sick  therein,  at  the  rate  of 
40  cents  per  ration  (except  that  at  the  general  hospital  at  Fort 
Bayard,  New  Mexico,  50  cents  per  ration  and  at  other  general  hos- 
pitals 40  cents  per  ration  are  authorized  for  enlisted  patients  therein), 
to  be  paid  to  the  surgeon  in  charge.^  Act  of  May  12,  1917  (40 
Stat  50). 

616a.  Funds  appropriated  for  support  of  Army  availahle  for  pitr- 
chase  of  reserve  supplies. — Hereafter  funds  appropriated  for  support 
of  the  Army  may  be  used  for  the  procurement  of  supplies  to  be  held 
in  store  for  issue  to  the  Army  during  subsequent  fiscal  years.  Act  of 
Mar.  ^,  1915  {38  Stat.  1078). 

G32a.  Appointment  of  Army  pay  clerk  with  certain  service  as  first 
lieutenant,  Quartermaster  Corps. — The  President  is  authorized  to 
appoint,  and,  by  and  Avith  the  advice  and  consent  of  the  Senate,  to 
commission  to  the  grade  of  first  lieutenant  in  the  Quartermaster 
Corps,  United  States  Army,  a  pay  clerk  of  over  thirty-one  years' 
service,  now  in  active  service,  and  who  has  been  recommended  by  the 
then  Secretary  of  War  for  such  appointment.  Act  of  Aug.  29,  1916 
{39  Stat.  6U), 

633a.  Certain  clerks  to  he  known  as  field  clerks,  Quartermcisfer 
Corps,  to  receive  alloioances  of  pay  clerks,  and  to  he  suhject  to  the 
Articles  of  War. — Hereafter  not  to  exceed  two  hundred  clerks,  Quar- 
termaster Corps,  who  shall  have  had  twelve  years  of  service,  at  least 
three  years  of  which  shall  have  been  on  detached  duty  away  from 
permanent  stations,  or  on  duty  beyond  the  continental  limits  of  the 
United  States,  or  both,  shall  be  known  as  field  clerks.  Quartermaster 
Corps,^  and  shall  receive  the  same  allowances,  except  retirement,  as 

*  Under  the  provisions  of  the  Army  appropriation  act  of  May  12,  1917  (40 
Stat.  50),  it  is  proper  for  the  camp  quartermaster  at  a  National  Guard  camp 
to  pay  to  tlie  sui'geon  of  the  base  hospital  commutation  of  rations  for  nurses, 
male  and  female,  stationed  at  such  hospital  at  a  rate  of  40  cents  per  ration 
when  it  appears  that  rations  in  kind  can  not  be  as  economically  issued.  (Dig. 
Opin.  J.  A.  G.,  February,  1918.) 

H'pon  inquiry  (a)  whether  Army  field  clerks  and  field  clerks,  Quartermaster 
Corps,  are  exempt  from  militia  duty,  and  {b)  whether  their  enlistment  in  the 
National  Guard  is  prohil)ited — 

Held,  as  to  (a),  that  since  Army  field  clerks  and  field  clerks,  Quartermaster 
Corps,  now  occupy  a  status  in  the  military  service  of  the  United  States,  they 
cpme  within  the  provisions  of  section  59  of  the  national  defense  act  which 
exempts  "  persons  in  the  military  and  naval  service  of  the  United  States " 
from  militia  duty,  and  therefore  are  exempted  from  such  duty. 

Held,  as  to  {h),  that  the  National  Guard  is  plainly  designed  by  the  national 
defense  act  to  be  an  effective  force  and  to  supplement  the  permanent  military 
forces  of  the  Nation,  and  that  it  is  plainly  the  intent  of  the  law  governing  its 
organization  that  its  members  shall  be  available  for  any  service  which  it  may 
hL'  called  upon  to  perform,  and  not  be  prevented  from  performing  such  duty 
by  any  paramount  obligation  in  the  permanent  military  force.  This  intent  is 
clearly  indicated  by  the  exemption  of  persons  in  the  military  and  naval  service 
of  the  United  States  from  militia  duty,  above  cited.  That  special  authority  of 
law  is  necessary  to  justify  the  occupancy  of  status  in  both  the  Regular  Army 
^and  the  National  Guard  by  the  same  person  is  indicated  by  the  authority 
expressly  conferred  by  section  100  of  the  national  defense  act  for  officers  of 


MILITARY   LAWS   OF    THE   UNITED   STATES,  1915.  125 

heretofore  allowed  by  law  to  pay  clerks,  Quartermaster  Corps,  and 
shall  be  subject  to  the  rules  and  articles  of  war.     Id,  625. 

651a.  Alloitmnce  of  fuel^  quarters^  and  forage. — Fuel,  quarters,  and 
forage  may  be  furnished  in  kind  to  officers  by  the  Quartermaster's 
Department  according  to  law  and  regulations:  {Provided^  however^ 
That  when  forage  in  kind  can  not  be  furnished  by  the  proper  depart- 
ments, then  and  in  all  such  cases  officers  entitled  to  forage  may  com- 
mute the  same  according  to  existing  regulations:  Provided  further^ 
That  officers  of  the  Army  and  of  Volunteers  assigned  to  duty  which 
requires  them  to  be  mounted  shall,  during  the  time  they  are  employed 
on  such  duty,  receive  the  pay,  emoluments,  and  allowances  of 
Cavalry  officers  of  the  same  grade,  respectively.)     Sec.  1270^  R.  S. 

638a.  C oinmittation  of  quarters  to  officers^  etc.,  where  no  piibliG 
qvnrters  are  available. — Hereafter,  at  places  Avhere  there  are  no  public 
quarters  available,  commutation  for  the  authorized  allowance  there- 
for shall  be  paid  to  commissioned  officers,  acting  dental  surgeons, 
veterinarians,  members  of  the  Nurse  Corps,  and  pay  clerks  at  the 
rate  of  $12  per  room  per  month;  and,  when  specifically  authorized 
by  the  Secretary  of  War,  to  enlisted  men  at  the  rate  of  $15  per 
month,  or  in  lieu  thereof  he  may,  in  his  discretion,  rent  quarters  for 
the  use  of  said  enlisted  men  when  so  on  duty.  Act  of  March  ^  1915 
{38  Stat.  1069) . 

668b.  Same — Secretary  of  War  may  determine  when  and  where 
public  quarters  are  not  available. — Hereafter  the  Secretary  of  War 
may  determine  where  and  when  there  are  no  public  quarters  available 
within  the  meaning  of  this  or  any  other  act.    Id. 

668c.  Commutation  of  quarters^  heat^  and  light  for  officers.,  etc. — 
For  commutation  of  quarters  and  of  heat  and  light  to  commissioned 
officers,  members  of  the  Nurse  Corps,  and  enlisted  men  on  duty  at 
places  where  no  public  quarters  are  available.^  Act  of  Aug.  29, 1916 
(89  Stat.  628) . 

671a.  Determination  of  travel  and  duty. — The  Secretary  of  War 
may  determine  what  shall  constitute  travel  and  duty  without  troops 
Avithin  the  meaning  of  the  laws  governing  the  payment  of  mileage 

the  llegvilar  Army  to  accept  commissions  in  the  National  Guard  with  the 
permission  of  the  President  and  terminable  at  his  discretion.  There  is  no  such 
aiitliurity  for  any  persons  in  the  active  military  service  of  the  United  States, 
otlier  than  officers,  to  occupy  such  dual  status.  Therefore,  the  effect  of  the 
law  governing  the  organization  and  maintenance  of  the  National  Guard  is  to 
render  a  status  in  the  active  permanent  Military  Establishment  incompatible 
with  a  status  In  the  National  Guard.  The  enlistment  of  Army  field  clerks 
and  Meld  clerks,  Quartermaster  Corps,  is  therefore,  in  effect,  prohibited  by  law. 
( War  Dept.  Bull.  34,  June  8,  1917.) 

'  Hdd,  that  in  view  of  the  fact  that  the  appropriation  limits  the  payment  of 
commutation  of  quarters,  heat,  and  light  to  officers  only  when  on  duty  at  places 
VN-here  no  public  quarters  are  available,  commutation  of  heat  and  light  can  not 
legally  be  paid  to  officers  on  duty  in  the  field  who  are  provided  with  tent  quar- 
ters and  who  rent  other  quarters  ut  their  own  expense.  (War  Dept.  Bui.  No. 
47,  Nov.  IG,  1916.) 


126  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

and  commutation  of  quarters  to  officers  of  the  Army.  Act  of 
June  12,  1906  (34  Stat.  2Jt.e), 

673a.  Officers  on  duty  as  observers  with  foreign  aimiies  in  fields  ex- 
penses of. — The  actual  and  necessary  expenses  of  officers  of  the  Army 
who,  after  July  first,  nineteen  hundred  and  fourteen,  have  been 
on  duty  abroad  for  the  purpose  of  observing  operations  of  armies 
of  foreign  States  at  war,  and  of  officers  who  may  hereafter  be  on 
duty  abroad  for  that  purpose,  shall  be  paid  out  of  the  appropri- 
{ition  for  contingencies  of  the  military  information  section.  Gen- 
oral  Staff  Corps,  upon  certificates  of  the  Secretary  of  War  that 
the  expenditures  were  necessary  for  obtaining  military  information. 
Act  of  Mar.  4, 1915  {38  Stat.  1063) . 

673b.  Traveling  expenses  of  officers  and  enlisted  men  of  foreign 
armies  attached  to  V,  S.  Army  during  present  emergency. — The 
Secretary  of  War  is  hereby  authorized,  under  such  regulations  and 
in  such  manner  as  he  may  prescribe,  to  employ  such  portion  of  the 
appropriations  made  for  transportation  of  the  Army  and  its  sup- 
plies as  in  his  judgment  may  be  necessary  to  defray  the  expenses 
of  travel  incurred  by  officers  and  enlisted  men  of  foreign  armies 
attached  to  the  Army  of  the  United  States  during  the  present 
emergency,  and  that  those  officers  and  enlisted  men,  who  may  have 
been  performing  duties  in  this  connection,  be  reimbursed  from  this 
appropriation  for  tlie  expenditures  they  have  already  been  obliged 
to  make.    Act  of  Oct.  6,  1911  {1^0  Stat  361). 

675a.  Mileage  to  engineer  officers. — In  determining  the  mileage  of 
officers  of  the  Corps  of  Engineei*s  traveling  without  troops  on  duty 
connected  with  works  under  their  charge,  no  deductions  shall  be 
made  for  such  travel  as  may  be  necessary  on  free  or  bond-aided  or 
land-grant  railways.     Sec.  15,  Act  of  Sept.  19, 1890  {26  Stat.  k56). 

680a.  Suhsisience  expenses  of  officials — Alloivances  for,  outside  of 
District  of  Columbia  limited. — On  and  after  July  first,  nineteen 
hundred  and  fourteen,  unless  otherwise  expressly  provided  by  law, 
no  officer  or  employee  of  the  United  States  shall  be  allowed  or  paid 
any  sum  in  excess  of  expenses  actually  incurred  for  .subsistence 
while  traveling  on  duty  outside  of  the  District  of  Columbia  and 
away  from  his  designated  post  of  duty,  nor  any  sum  for  such  ex- 
penses actually  incurred  in  excess  of  $5  per  day;  nor  shall  any 
allowance  or  reimbursement  for  subsistence  be  paid  to  any  officer  or 
employee  in  any  branch  of  the  public  service  of  the  United  States 
in  the  District  of  Columbia  unless  absent  from  his  designated  post 
of  duty  outside  of  the  District  of  Columbia,  and  then  only  for  the 
period  of  time  actually  engaged  in  the  discharge  of  official  duties. 
Act  of  Apr.  6, 1914  {38  Stat.  318). 

-688a.  Mileage  to  officers  in  Aviation  Section,  appropriation  avail- 
able for. — Mileage  to  officers  in  the  aviation  section,  Signal  Corps, 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  127 

traveling  on  duty  in  connection  with  aviation  service  shall  be  paid 
from  the  appropriation  for  the  work  in  connection  with  which  the 
travel  is  performed.^    Act  of  May  12, 1917  {40  Stat.  3It), 

688b.  Mileage  to  ofice7*s  of  Ordnance  Department,  appropriation 
availahle  for. — Mileage  to  officers  of  the  Ordnance  Department  trav- 
eling on  duty  in  connection  with  that  department  shall  be  paid  from 
the  appropriation  for  the  work  in  connection  with  which  the  travel 
is  performed.    Id.,  6S. 

689a.  Disbursement  of  certain  appropriations  heretofore  made 
tchich  shall  constitute  one  fund. — All  the  money  hereinbefore  appro- 
priated under  the  titles  Subsistence  of  the  Army,  Kegular  Supplies — 
Quartermaster  CorpvS,  Incidental  Expenses — Quartermaster  Corps 
Transportation  of  the  Army  and  its  Supplies,  Water  and  Sewers  at 
Military  PostSy  and  Clothing  and  Camp  and  Garrison  Equipage  shall 
be  disbursed  and  accounted  for  by  officers  and  agents  of  the  Quarter- 
master Corps  as  "  Supplies,  Services,  and  Transportation,  Quarter- 
master Corps,"  and  for  that  purpose  shall  constitute  one  fund.  Act 
of  Mar.  4,  1915  {38  Stat.  1078). 

689b.  Same. — All  the  money  hereinbefore  appropriated  under  the 

titles  Subsistence  of  the  Army;  Eegular  supplies.  Quartermaster 

Corps;  Incidental  expenses,  Quartermaster  Corps;  Transportation 

of  the  Army  annd  its  supplies;  Water  and  sewers  at  military  posts, 

and  Clothing  and  camp  and  garrison  equipage,  shall  be  disbursed 

and  accounted  for  by  officers  and  agents  of  the  Quartermaster  Corps 

as  "  Supplies,  Services,  and  Transportation  of  Quartermaster  Corps," 

and  for  that  purpose  shall  constitute  one  fund.    Act  of  Aug.  29, 1916 

{39  Stat.  635.) 

(For  similar  provisions  see  the  acts  of  May  12  and  October  6,  1917,  40  Stats., 
55,  362.) 

689c.  Disbursements  to  he  made  hy  tlie  Quartermaster  Corps. — 
All  the  money  hereinbefore  appropriated  for  pay  of  the  Army  and 
miscellaneous,  except  the  appropriation  for  mileage  to  commissioned 
officers,   contract   surgeons,  expert   accountant,  Inspector   General's 

^  On  the  question  whether  the  action  of  the  Secretary  of  War  in  authorizing 
the  Cliief  Signal  Officer  "  to  issue  orders  to  officers  in  the  aviation  section. 
Signal  Corps,  under  his  immediate  command,  directing  journeys  on  duty  in 
connection  with  the  aviation  service  of  the  Army,"  extends  to  officers  of  tlie 
aviation  section,  Signal  Officers'  Keserve  Coi*ps,  under  the  command  of  the 
Chief  Signal  Officer,  traveling  on  duty  in  connection  with  the  aviation  service 
of  the  Array. 

Held,  that  the  authority  conferred  has  reference  to  the  provisions  in  the 
Army  appropriation  act,  approved  May  12,  1917,  providing :  "  That  mileage  to 
othcers  in  the  aviation  section,  Signal  Corps,  traveling  on  duty  in  connection 
with  aviation  service  shall  be  paid  from  the  appropriation  for  the  work  in 
connection  with  which  the  travel  is  performed ;"  and  that  the  provision  of  this 
act  was  evidently  intended  to  apply  to  all  travel  and  duty  in  connection  witli 
the  aviation  service  whether  performed  by  regular  or  reserve  officers  of  the 
aviation  section,  Signal  Corps;  and  that  the  authority  in  question  should  be 
construed  as  extending  to  officers  of  the  aviation  section.  Signal  Officers'  Re- 
serve Corps,  when  traveling  on  duty  in  connection  with  the  aviation  service  of 
the  Army.     (War  Dept.  Bull.  42,  July  19,  1917.) 


128  MILITARY   I^WS    OF    THE   UNITED   STATES,  1915. 

Department,  Army  field  clerks,  and  field  clerks  of  the  Quartermaster 
Corps,  when  authorized  by  law,  shall  be  disbursed  and  accounted  for 
by  officers  of  the  Quartermaster  Corps,  as  pay  of  the  Army,  and  for 
that  purpose  shall  constitute  one  fund.  Act  of  Oct.  <?,  1917  (40  Stat, 
367). 

(For  similar  provision  see  act  of  May  12,  1917,  40  Stats.,  50.) 
695a.  Pay  of  noncommissioned  ofjicei's  and  enlisted  men. — Here- 
Mfter  the  monthly  pay  of  enlisted  men  of  certain  grades  of  the  Army 
created  in  this  Act  shall  be  as  follows,  namely:  Quartermaster  ser- 
geant, senior  grade,  Quartermaster  Corps;  master  hospital  sergeant, 
Medical  Department;  master  engineer,  senior  grade.  Corps  of  Engi- 
neers; and  band  leader.  Infantry,  Cavalry,  Artillery,  and  Corps  of 
Engineers,  $75;  hospital  sergeant,  Medical  Department;  and  master 
engineer,  junior  grade,  Corps  of  Engineers,  $65;  sergeant,  first  class, 
Medical  Department,  $50;  sergeant,  first  class.  Corps  of  Engineers; 
regimental  supply  sergeant,  Infantry,  Cavalry,  Field  Artillery,  and 
Corps  of  Engineers;  battalion  supply  sergeant.  Corps  of  Engineers; 
and  assistant  engineer.  Coast  Artillery  Corps,  $45;  assistant  band 
leader,  Infantry,  Cavalry,  Artillery,  and  Corps  of  Engineers;  and 
sergeant  bugler.  Infantry,  Cavalry,  Artillery,  and  Corps  of  Engi- 
neers, $40;  musician,  first  class.  Infantry,  Cavalry,  Artillery,  and 
Corps  of  Engineers;  supply  sergeant,  mess  sergeant,  and  stable  ser- 
geant. Corps  of  Engineers;  sergeant,  Medical  Department,  $36; 
supply  sergeant,  Infantry,  Cavalry,  and  Artillery;  mess  sergeant, 
Infantry,  Cavalry,  and  Artillery ;  cook,  Medical  Department ;  horse- 
shoer.  Infantry,  Cavalry,  Artillery,  Corps  of  Engineers,  Signal 
Corps,  and  Medical  Department ;  stable  sergeant.  Infantry  and  Cav- 
alry; radio  sergeant.  Coast  Artillery  Corps;  and  musicians,  second 
class.  Infantry,  Cavalry,  Artillery,  and  Corps,  of  Engineers,  $30; 
musician,  third  class.  Infantry,  Cavalry,  Artillery  and  Corps  of 
Engineers;  corporal,  Medical  Department,  $24;  saddler.  Infantry, 
Cavalry,  Field  Artillery,  Corps  of  Engineers,  and  Medical  Depart- 
ment; mechanic.  Infantry,  Cavalry,  and  Field  Artillery,  and  Medi- 
cal Department;  farrier.  Medical  Department;  and  wagoner.  In- 
fantry, Field  Artillery,  and  Corps  of  Engineers,  $21;  private,  first 
crass.  Infantry,  Cavalry,  Artillery,  and  Medical  Department,  $18; 
private,  Medical  Department,  and  bugler,  $15.^  Sec.  28^  Act  of 
•(line  3,  1916  {39  Stat.  186). 

iSee  i^aragrapli  702a  for  the  ensuing  provision  of  this  section;  see  also  para- 
graphs 697  and  698.) 

695b.  Increased  fay  of  enlisted  men  of  Army  of  United  States.— 

Commencing  June  one,  nineteen  hundred  and  seventeen,  and  con- 

^  Held,  that  by  reason  of  tlie  saving  clause  in  section  28,  that  "  nothing  herein 
contained  shall  operate  to  reduce  the  pay  or  allowances  now  authorized  by  law 
for  any  grade  of  enlisted  men  of  the  Army,"  privates  of  the  Medical  Depart- 
ment transferred  to  that  grade  from  the  Medical  Corps  by  operation  of  section 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  129 

tinning  until  the  termination  of  the  emergency,  all  enlisted  men  of 
the  Army  of  the  United  States  in  active  service  whose  base  pay  does 
not  exceed  $21  per  month  shall  receive  an  increase  of  $15  per  month ; 
those  whose  base  pay  is  $24,  an  increase  of  $12  per  month;  those 
whose  base  pay  is  $30,  $36,  or  $40,  an  increase  of  $8  per  month; 
and  those  whoso  base  pay  is  $45  or  more,  anl  increase  of  $0  per 
month.i    Sec  10,  Act  of  May  18, 1917  {J^O  Stat.  82)^ 

(For  the  preceding  provision  of  this  section,  see  paragraph  1668.) 

10  are  entitled  to  be  paid  at  the  rate  of  $16  per  month  during  the  remainder  of 
their  current  enlistment. 

Held  further,  that  the  pay  of  men  enlisting  in  the  grade  of  private,  Medical 
Department,  on  or  after  June  3,  1916,  will  be  at  the  rate  of  $15  per  month,  and 
also  that  privates  of  other  branches  of  the  military  service  whose  pay  is  $15 
per  month  who  are  transferred  to  the  grade  of  private.  Medical  Department, 
upon  their  own  application  or  with  their  consent,  will  be  paid  upon  the  basis  of 
the  new  rate  of  $15  per  month. 

Held,  that  the  act  of  June  3,  1916,  created  the  grade  of  mess  sergeant  for 
certain  arms  of  the  service  only ;  that  for  other  arms  of  the  service  mess  ser- 
geants must  be  provided  as  heretofore  by  detail ;  that  the  men  holding  the  grade 
of  mess  sergeant  under  the  new  act  are  entitled  only  to  the  pay  established 
for  that  grade,  namely,  $36  or  $30  per  month,  according  to  the  arm  of  the 
service  in  which  serving,  and  that  men  detailed  as  mess  sergeants  in  the  arms 
of  the  service  for  which  the  grade  of  mess  sergeant  is  not  provided  are  entitled 
to  the  pay  of  the  grades  actually  held  by  them  plus  $6  per  month,  as  provided 
in  the  act  of  May  11,  1908 ;  and  further,  in  answer  to  specific  questions, 

Held,  That— 

(a)  The  base  or  initial  pay  of  the  grade  of  mess  sergeant.  Corps  of  Engineers, 
is  $36  per  month,  and  no  more. 

(&)  The  base  or  initial  pay  of  the  grade  of  mess  sergeant  in  the  Infantry, 
Cavalry,  and  Artillery  is  $30  per  month,  and  no  more. 

(c)  The  continuous-service  pay  of  persons  appointed  to  the  grade  of  mess 
sergeant  should  be  computed  on  the  basis  of  the  rates  mentioned  in  the  answers 
to  questions  (a)  and  {h). 

(d)  The  arms  of  the  service  for  which  the  act  of  June  8,  1916,  makes  pro- 
vision for  mess  sergeants  are  not  entitled  to  have  additional  mess  sergeants  as- 
signed or  detailed  thereto.  Such  provision  is  complete  as  to  such  organizations. 
(Comptroller  W.  W.  Warwick,  June  30,  1916.)  (War  Dept.  Bull.  18,  July  8, 
1916.) 

^  The  question  was  presented  whether  in  the  case  of  enlisted  men  the  20  per 
cent  increase  for  foreign  service  provided  for  by  the  act  of  June  30,  1902  (32 
Stat,  512),  is  to  be  computed  on  the  monthly  increase  of  pay  authorized  by 
the  act  of  May  18,  1917.  The  act  of  1902  authorizes  the  payment  to  enlisted 
men  of  20  per  cent  increase  for  foreign  service,  such  increase  to  be  "  over  and 
above  the  rates  of  pay  proper  as  fixed  by  law  for  time  of  peace";  and  the  act 
of  May  18,  1917,  provides  that  the  monthly  increases  therein  authorized  are  to 
continue  only  until  the  termination  of  the  emergency. 

Held,  that  as  the  rates  of  pay  "  as  fixed  by  law  for  time  of  peace  "  do  not 
include  monthly  increases  provided  for  by  the  act  of  May  18,  1917,  which  are 
war  increases,  such  monthly  increases  can  not  enter  into  the  computation  of 
the  20  per  cent  increase  provided  for  foreign  service.  (Comp.  Treas.,  May  29, 
1917;  War  Dept.  Bull.  42,  July  19,  1917.) 

Certain  enlisted  men  of  the  District  of  Columbia  National  Guard,  not  in  the 
Federal  service,  were  engaged  in  outdoor  rifle  practice  under  competent  orders 
during  the  month  of  June,  1917. 

Held,  that  they  were  entitled  for  such  service  to  the  increased  rates  of  pay 
provided  for  by  section  10  of  the  act  of  May  18,  1917.  (Comp.  Treas.,  Aug.  3, 
1917;  War.  Dept.  Bull.  54,  Sept.  26,  1917.) 

Enlisted  men  of  the  Philippine  Scouts  are  not  entitled  to  the  increases  of  pay 
authorized  by  section  10  of  the  selective  draft  act  of  May  18,  1917.  Their  rates 
of  pay  are  fixed  by  the  Secretary  of  War  under  authority  of  section  36,  act  of 
February  2,  1901  (31  Stat.,  757).     (War  Dept.  Bull.  75,  Dec.  31,  1917.) 

54208°— 18 9 


13G  MILITARY   LAWS  OF   THE   UNITED   STATES,  1915. 

695c.  Saw£ — Not  appUcahle  to  continuous-service  pay. — The  in- 
creases of  pay  herein  authorized  shall  not  enter  into  the  Gomputation 
of  the  continuous-service  pay.    Ld. 

699a.  Rates  of  ciclclitionfial  pay  for  quallfy'mg  in  marksnwnMpy 
etc. — Hereafter  enlisted  men  now  quailified  or  hereafter  quailifying 
as  marksmen  shall  receive  $2  per  month ;  as  sharpslwoters,  $3  per 
month;  as  expert  riflemen,  $5  per  month;  as  second-class  gunners^ 
$2  per  month;  as  first-class  gunners,  $3  per  month;  as  expert  fi-rst- 
elass  gunners,  Field  Artillery,  $5  per  month ;  as  gun  pointers,  gun 
commanders,  observers  second-class,  chief  planters,  and  chief  loaderSy 
$7  per  month;  as  plotters,  observers  first-class,,  casemate  electricians, 
and  coxswains,  $9  per  month,  all  in  addition  to  their  pay,  under  such 
regulations  as  the  Secrtary  of  War  may  prescribe^  but  no  man  sh«ll 
receive  at  the  same  time  additional  pay  for  more  than  one  of  the 
dassifieations  named  in  this,  section.*  Act  of  May  12^  1917  {40 
Stat.  45). 

701a.  Enlisted  men  proMhited  from  civil  employv^nt. — Hereafter 
no  enlisted  maB  in  the  active  service  of  the  United  States  in  the 
Army,  Navy,  and  Marine  Corps,  respectively^  whether  a  noncom- 
missioned officer,  musician,,  or  private,  shall  be  detailed,  ordered,  or 
permitted  to  leave  his  post  to  engage  in  any  pursuit,  business,  or 
performance  in  civil  life,  for  emolimient.  hire,  or  otherwise,  when 
the  same  sliiiU  interfere  with  the  customary  employment  and  regular 
engagement  of  local  civilians  in  the  respective  arts,  trades^  or  pro« 
fessions.2    Sec.  35 j  Act  of  June  3, 1916  {39  Stat.  188). 

*Aii  expert  rifleman  transtferretl  for  the  coivveiii^^nce  of  tbe  Government  to  the 
Unitert  States  war  prison  bai-raek.s>  Fort  Ojjletliorpe,  GiK,  as  prison  guard  k:>tses 
his  right  to  receive  the  extra  pay  of  an  expert  rifleman.  Paragraph  1345  of 
the  Army  Regulations,  allowing  extra  pay  for  one  year  from  the  date  of  qmili- 
fication  as  expert  rifleman,  sharpshooter,  or  marksman,  is  suhject  to  the  proviso 
that  the  soldier  so  qualitied  continues  to  be  a  member  of  an  organisation 
ajrmed  with  a  rifle.     (Dig,  Opin.  J,  A,  G.,  March,  191S.) 

A  soldier  transferred  from  the  Field  Artillery  to  the  training  cadre  ftoes  not 
lose  his  rlglit  to  additional  pay  as  gunner  under  Army  IteguJations  1344  if  h«?  is 
assigned  to  a  cadre  force  wbi<-h  is  transferred  to  n  Fiekl  Artillery  regiment  for 
serTice.  If,  however,  the  cadre  force  is  transferred  to  some  otlifer  branch  of 
the  service,,  ther  ight  to  additional  pay  as  gunner  in  the  Field  Artillery  i«  t<jst. 
(Id.) 

*  Held,  that  while  an  enlisted  man  on  leave  of  ahsen^-e  or  ordinary  furlough 
ia  unquestionably  to  be  deemed  in  active  service  within  the  meaning  of  this 
term  as  used  in  the  statute  mentioned,  it  would  go  beyond  the  primary  purpo.se 
of  the  law  to  apply  it  to  a  case  like  this  where  the  t'urlough  has  been  grante<l 
to  an  enlisted  man  under  authority  of  regulati<)ns  to  extend  to  the  date  of  his 
retirement,  it  not  being  within  the  contemplation:  of  the  authorities  granting 
the  furlough  that  he  will  ever  resume  active  duty,  antl  that^  therefoi^e,.  in  siurh 
cases  the  soldier  may  accept  employment  or  engage  in  business  without  ref- 
erence to  the  provisions  of  section  35  of  the  mitional  defense  act.  (War  Dept, 
Bull.  3,  Jan,  19,  1917,) 

By  the  act  of  May  11,  1908  (35  Stat,  110>,  and  the  act  of  June  3,  1^16.  (39 
Stat,,  175),  enlisted  men,.  Array  bands,  and  memJ^rs  thereof  are  forbidden  from 
engaging  in  anjy  competitive  civilian  employment.  The  impli<-ati<Mi  is  that  they 
may  engage  in  such  employment  if  it  dfies  not  interfere  withthe  citstoaiary  and 
regular  en^genient  of  local  eivilians  in  the  respective  arts,  trades,  or  profes- 


MILITAKY   LAWS   OF    THE   UNITED  STATES,  1915.  131 

702a.  Act  not  to  he  construed  as  reducing  pay  or  allowances  of  any 
enlisted  man. — Nothing  herein  contained  shall  operate  to  reduce  the 
pa3^  or  allowances  now  authorized  by  law  for  any  grade  of  enlisted 
men  of  the  xVrmy.^     Sec.  28,  Id.,  187. 

(For  preceding  provision  of  this  section  see  pai^agraph  G95a.) 

704a.  Detail  of  enlisted  men  for  reeriiiting  duty. — The  Secretary 
of  War  is  authorized  to  detach  from  the  Army  at  large  such  number 
of  enlisted  men  as  may  be  necessary  to  perform  duty  at  the  various 
recruiting  stations,  and  while  performing  such  duty  one  member  of 
each  party  shall  have  the  rank,  pay,  and  allowances  of  sergeant  and 
one  the  rank,  pay,  and  allowances  of  corporal  of  the  arm  of  the 
service  to  which  they  respectively  belong.  Sec.  31,  Act  of  Feb.  2, 
1901  {31  Stat.  756), 

704b.  Temporally  sergeants  and  corporals  at  recruiting  depots. — 
Hereafter  the  Secretary  of  War  may  authorize  the  temporary  ap- 
pointment of  such  number  of  sergeants  and  corporals  in  the  com- 
panies at  the  general  recruiting  depots  as  may  be  necessary  for  the 
proper  control  and  instruction  of  the  varying  number  of  recruits 
attached  to  such  companies.    Act  of  Mar.  3,  1909  {35  Stat.  7^1). 

704c.  One  enlisted  man  at  each  recruit  depot  to  have  rank,  pay,  and 
allowances  of  a  regimental  sergeant  major. — Hereafter  one  of  the 
enlisted  men  detached  from  the  Army  at  large  for  duty  at  each  of 
the  recruit  depots  under  the  provisions  of  the  Act  of  June  twelfth, 
nineteen  hundred  and  six,  shall,  while  so  detached,  have  the  rank, 
pay,  and  allowances  of  a  regimental  sergeant  major.  Act  of  Aug.  29, 
1916  {89  Stat.  624), 

711a.  Allotments  of  pay  hy  officers,  enlisted  men,  and  certain 
civilian  employees. — The  Secretary  of  War  is  hereby  authorized  to 
permit,  under  such  regulations  as  he  may  prescribe,  any  officer  or 
enlisted  man  on  the  active  list  of  the  Army,  any  retired  officer  or  en- 

sions.  Whether  snch  interference  will  or  does  result  is  a  question  of  fact,  which 
is  not  to  be  settled  by  reference  either  to  union  labor  alone  or  to  nonunion  labor 
alone.     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

The  right  of  a  member  of  an  Array  band  to  play  for  pay  outside  the  limiti? 
of  a  military  reservation  is  regulated  by  Army  Regulations  261.  Under  this 
regulation  there  is  no  prohibition  upon  an  enlisted  man's  engaging  in  a  busi- 
ness of  a  civil  character  when  by  so  doing  he  does  not  interfere  with  the  cus- 
tomary employment  of  local  civilians  in  respect  to  like  employment.  The  con- 
cluding paragraph  of  Regulation  261  prescribes  merely  a  rule  of  evidence  and 
is  not  intemled  to  be  a  prohibition  against  employment  unless  the  same  shall 
interfere  with  the  employment  of  local  civilians. 

The  propriety  of  such  employment  and  the  question  whether  the  engaging 
therein  by  enlisted  men  would  interfere  with  the  employment  of  local  civilians 
should  be  determined  by  the  commanding  officer,  and,  if  in  any  case  he  shall 
conclude  that  such  employment  does  not  interfere  with  the  regular  employment 
of  local  civilians,  he  may  under  the  law  and  the  regulation  permit  enlisted  men 
so  to  be  employed.     (Dig.  Opiu.  J.  A.  G.,  February,  1918.) 

^  H(zld,  that  this  provision  relates  to  the  pay  of  grades  and  not  of  individuals, 
and  that  demotion  of  individual  soldiers,  if  found  necessary  to  be  made  in 
order  to  comply  with  the  law  providing  for  a  reduction  In  the  members  of 
gi'ades  in  any  particular  line  of  the  Army,  is  not  a  reduction  of  pay  or  allow- 


132  MILITARY   LAWS   OF   THE   UNITED   STATES,  1015. 

listed  man  of  the  Army  on  active  duty,  and  any  permanent  civilian 
employee  under  the  jurisdiction  of  the  War  Department  on  duty 
outside  of  the  continental  limits  of  the  United  States,  to  make  allot- 
ments of  his  pay  for  the  support  of  his  wife,  children,  or  dependent 
relatives,^  or  for  such  other  purposes  as  the  Secretary  of  War  may 
deem  proper.  Act  of  Oct,  6,  1917  {40  Stat.  385),  amending  sec.  16^ 
act  of  Mar.  2, 1899  (SO  Stat.  981),  as  amended  ly  act  of  Mar.  2, 1901 
{31  Stat.  896). 

712a.  Same — Payment  to  allottees,  credits  to  disbursing  officers.^ 
liability  for  erroneous  payments. — All  allotments  of  pay  of  officers, 
tjnlisted  men,  and  civilian  employees  that  have  been  or  shall  be  paid 
to  designated  allottees  previous  to  the  receipt  by  disbursing  officer 
of  notice  of  discontinuance  of  the  same  from  the  officer  required  by 
regulations  to  furnish  such  notice  shall  pass  to  the  credit  of  the  dis- 
bursing officer  who  has  made  or  shall  make  such  payments;  and,  if 
erroneous  payment  is  made  because  of  the  failure  of  an  officer  to 
report,  in  the  manner  prescribed  by  the  Secretary  of  War,  the  death 
of  the  grantor,  or  any  fact  which  renders  the  allotment  not  payable, 
then  the  amount  of  such  erroneous  payment  shall  be  collected  by  the 
Quartermaster  General  from  the  officer  who  fails  to  make  such  re- 
port, if  such  collection  is  practicable.  Nothing  herein  shall  be  con- 
strued to  invalidate  allotments  now  in  force.    Id. 

ALLOTMENTS  AND  FAMILY  ALLOWANCES. 

712b.  Article  ajyplicable  to  military  and  naval  forces. — The  pro- 
visions of  this  article  shall  apply  to  all  enlisted  men^  in  the  military 
or  naval  forces  of  the  United  States.     Sec.  2-200,  act  of  Oct.  6, 1917 

no  Stat,  m)' 

712c.  Allotments,  compulsory  and  voluntai^y, — Allotment  of  pay 
shall,  subject  to  the  conditions,  limitations,  and  exceptions  herein- 
after specified,  be  compulsory^  as  to  wife,  a  former  wife  divorced 

ances  fixed  by  law  for  such  grades,  and  hence  would  not  be  prohibited  by  this 
provision.     (Comp.  Treas.,  July  19,  1916;  War  Dept.  Bull.  28,  Aug.  18,  1916.) 

^  A  soldier  can  not  legally  be  deprived  of  any  part  of  his  pay  for  the  satis- 
faction of  a  private  claim,  even  for  the  support  of  his  dependent  parents.  But 
he  can  make  a  voluntary  allotment  for  such  purpose.  If  he  allots  a  portion  of 
his  pay  for  the  support  of  his  dependent  parents,  the  Government  will,  under 
certain  circumstances,  make  an  additional  allowance  to  the  parents  pursuant 
to  the  war-risk  insurance  act  of  Oct.  6,  1917.  (War  Dept.  Bull.  72,  Dec.  24, 
1917.) 

*Army  field  clerks  are  classified  as  enlisted  men  in  the  war-risk  insurance 
act  of  October  6,  1917,  and  are  therefore  required  to  make  compulsory  allot- 
ments.    (Dig.  Opin.  J.  A.  G.,  January,  1918.) 

^That  portion  of  pay  required  to  be  allotted  by  the  provisions  of  Article  II 
of  the  war-risk  insurance  act  of  October  6,  1917,  is  not  subject  to  forfeiture 
by  sentence  of  a  court-martial,  but  any  portion  voluntarily  allotted  is  subject  to 
such  forfeiture.  A  sentence  Imposing  forfeiture  of  a  part  of  pay  means  for- 
feiture of  the  specified  part  of  that  portion  of  pay  not  covered  by  compulsory 
allotment.     (War  Dept.  Bull.  75,  Dec.  31,  1917.) 

Stoppage  of  pay  because  of  absence  without  leave  is  imposed  as  a  penalty  and 
stands  upon  the  same  basis  as  a  forfeiture  decreed  by  sentence  of  court-martial. 


MILITARY   LAWS  OF   THE  UNITED  STATES,  1915.  133 

who  has  not  remarried  and  to  whom  alimony  has  been  decreed,  and 
a  child,  and  voluntary  as  to  any  other  person;  but  on  the  written 
consent  of  the  wife  or  former  wife  divorced,  supported  by  evidence 
satisfactory  to  the  bureau  of  her  ability  to  support  herself  and  the 
children  in  her  custody,  the  allotment  for  her  and  for  such  children 
may  be  waived;  and  on  the  enlisted  man's  application  or  otherwise 
for  good  cause  shown,  exemption  from  the  allotment  may  be  granted 
upon  such  conditions  as  may  be  prescribed  by  regulations.    Id, 

712d.  Amount  of  compulsory  allotments. — The  monthly  compul- 
sory allotment  shall  be  in  an  amount  equal  to  the  family  allowance 
hereinafter  specified  except  that  it  shall  not  be  more  than  one-half 
the  pay,  or  less  than  $15;  but  for  a  wife  living  separate  and  apart 
under  court  order  or  written  agreement  or  for  a  former  wife  di- 
vorced, it  shall  not  exceed  the  amount  specified  in  the  court  order, 
decree,  or  written  agreement  to  be  paid  to  her.*    Id. 

Consequently  such  stoppage  of  pay  is  junior  to  the  compulsory  allotment  made 
pursuant  to  Article  II  of  the  war-risk  insurance  act  of  October  6,  1917  (49 
Stat.  398),  and  can  not  affect  such  allotment.  (Dig.  Opiu.  J.  A.  G.,  February, 
1918.) 

By  virtue  of  the  authority  granted  in  section  13  of  the  act  of  October  6,  1917, 
the  following  regulation  is  issued  relative  to  the  prorating  of  allotments  and 
family  allowances  for  periods  less  than  a  month  when  certain  events  happen 
within  the  month. 

(1)  Compulsory  allotments. — If  a  man  is  enlisted  into  or  discharged  from  or 
dies  in  the  military  or  naval  service  of  the  United  States  within  any  month  the 
compulsory  allotment  to  be  made  from  his  pay  shall  be  prorated  in  accordance 
with  the  Government  salary  table.  Upon  the  happening  within  any  month  of 
any  event  which  gives  rise  to,  or  terminates,  or  increases  or  decreases  the 
obligation  to  make  a  compulsory  allotment,  the  compulsory  allotment  shall  be 
prorated  as  above  according  to  the  number  of  days  in  the  month  that  the  obli- 
gation (or  the  increased  or  decreased  obligation)  to.  make  a  compulsory  allot- 
ment existed. 

(2)  Voluntary  allotments. — ^When  a  man  is  enlisted  into  or  discharged  from 
or  dies  in  the  military  or  naval  service  of  the  United  States  within  any  month 
and  makes  a  voluntary  allotment  to  begin  with  the  date  of  his  enlistment,  or 
continue  to  the  date  of  his  discharge  or  death,  the  voluntary  allotment  to  be 
made  from  his  pay  shall  be  prorated  in  accordance  with  the  Government  sal- 
ary table.  If  the  enlisted  man  was  in  the  service  on  the  first  day  of  the  month 
in  which  he  makes  a  voluntary  allotment,  the  allotment  shall  begin  as  of  the 
first  day  of  that  month  unless  he  specifies  that  it  shall  begin  on  the  first  day 
of  a  succeeding  month. 

(3)  Family  aUotvances. — In  every  case  where  the  allotment  (either  com- 
pulsory or  voluntary)  is  prorated  the  family  allowance  shall  be  prorated  in  like 
manner.  But  nothing  herein  shall  interfere  with  the  payment  of  the  family 
allowance  for  one  month  after  the  enlisted  man  is  discharged  from  the  service 
as  provided  in  section  204.  (Regulation  No.  5,  Jan.  5,  1918.  T.  D.  9,  W.  R. 
Dig.  Opin.  J.  A.  G.,  January,  1918.) 

\\n  enlisted  man  is  divorced  from  his  wife  and  in  the  decree  the  divorced 
wife  is  given  custody  of  the  children,  but  no  alimony  is  granted  for  the  support 
of  either  the  wife  or  the  children.  Is  the  enlisted  man  required  to  make  a  com- 
pulsory allotment  for  the  children? 

The  act  of  October  6,  1917,  stipulates  no  conditio^,  except  waiver  or  exemp- 
tion under  section  201,  upon  which  the  children  of  an  enlisted  man  may  be 
deprived  of  their  right  to  an  allotment  from  his  pay.  This  is  in  direct  con- 
trast to  the  right  of  a  wife;  for  in  section  201  it  is  expressly  provided  that 
where  the  wife  is  divorced  the  allotment  for  her,  shall  not  exceed  the  amount 
specified  in  the  decree  to  be  paid  to  her.  As  to  a  divorced  mfe,  there- 
fore, the  right  to  share  in  the  enlisted  man's  pay  is  terminated  upon  the 
issuance  of  a  decree  awarding  no  alimony.    The  act  contains  no  such  limita- 


134  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

712e.  Same — To  illegitimate  child. — For  an  illegitimate  child,  to 
whose  support  the  father  has  been  judicially  ordered  or  decreed  to 
contribute,  it  shall  not  exceed  the  amount  fixed  in  the  order  or  decree. 
Id.  i03, 

712f.  Same — To  divorced  wife  in  addition  to  allotment  for  tvife  or 
child. — If  there  be  an  allotment  for  a  wife  or  child,  a  former  wife 
divorced  and  who  has  not  remarried  shall  be  entitled  to  a  compulsory 
allotment  only  out  of  the  difference,  if  any,  between  the  allotment  for 
the  wife  or  child  or  both  and  one-half  of  the  pay.    Id. 

712g.  Voluntary  allotments,  amounts  and  regulations  for. — The 
enlisted  man  may  allot  an}^  proportion  or  proportions  or  any  fixed 
amount  or  amounts  of  his  monthly  pay  or  of  the  proportion  thereof 
remaining  after  the  compulsory  allotment,  for  such  purposes  and  for 
the  benefit  of  such  pei-son  or  persons  as  he  may  direct,  subject,  how- 
ever, to  such  conditions  and  limitations  as  may  be  prescribed  under 
regulations  to  be  made  by  the  Secretary  of  War  and  the  Secretary  of 
the  Navy,  respectively.    Sec,  2-202.,  Id. 

FAMILY  ALTX)WANCES. 

712h.  Amount. — A  family  allowance  of  not  exceeding  $50  per 
month  shall  be  granted  and  paid  by  the  United  States  upon  written 
application  to  the  bureau  by  such  enlisted  man  or  by  or  on  behalf  of 
any  prospective  beneficiary,  in  accordance  with  and  subject  to  the 
conditions,  limitations,  and  exceptions  hereinafter  specified.  Sec. 
e-20i,  Id. 

(For  the  section  immediately  preceding  this  paragraph  see  paragraphs  TlCc, 
716d,  post.) 

7121.  Same — Duration  of. — The  family  allowance  shall  be  paid 
from  the  time  of  enlistment  to  death  in  or  one  month  after  discharge 

tion,  however,  with  respect  to  the  rii?hts  of  the  children,  and  such  limitation 
sliould  not  be  imposed  unless  the  act  plainly  requires  it.  It  should  be  further 
noted  hat  the  basis  of  the  right  to  an  allotment  is  essentially  one  of  relation- 
ship, and  that  while  he  relationship  of  husband  and  wife  may  be  termimited 
by  law  the  relationship  of  father  and  child  can  not. 

The  enlisted  man  must  make  a  compulsory  allotment  for  his  children  in 
the  circumstances  stated,  unless  the  allotment  is  waived  or  an  exemption  is 
granted  under  section  201  of  the  act  (Dec.  of  Dec  20,  1917,  T.  D.  9,  W.  U. 
Dig.  Opin.  J.  A.  G.,  January,  1918.) 

Under  the  authority  conferred  by  sections  13  and  201  of  the  act  of  Octol^er 
6,  1917,  the  following  regulation  is  issued  relating  to  exemption  from  the  com- 
pulsory allotment  for  children  where  they  are  in  custody  of  divorced  wife  and 
no  alimony  granted  for  tlieir  support,  under  section  201  of  the  act  of  October 
G,  1917. 

AVhere  an  enlisted  man  is  divorced  from  his  wife  and  in  the  decree  the 
divorced  wife  is  given  custody  of  the  children  but  no  alimony  is  granted  for 
the  supix>rt  either  of  the  wife  or  of  the  children,  the  enlisted  man  may,  upon 
application  to  the  bureau,  be  exempted  from  the  compulsory  allotment.  The 
application  shall  state  the  name  and  address  of  the  divorced  wife  and  the 
name-s  and  addresses  of  tlie  children  and  sliall  be  supported  by  evidence  show- 
ing good  cause,  including  a  certified  copy  of  the  divorce  decree  and  such  otlier 
information  as  the  bureau  may  require. 

(Regulation  No.  3,  Dec.  20,  1917,  T.  D.  10,  W.  R.     Id.) 


MILITABY   LAWS   OF   THE   UNITED   STATES,   1915.  135 

from  the  service,  but  not  for  more  than  one  month  after  the  termina- 
tion of  the  present  war  emergency.    Id. 

712j.  Same — Not  to  begin  prior  to  November  i,  1917. — No  fam- 
ily allowance  shall  be  made  for  any  period  preceding  November  first, 
nineteen  hundred  and  seventeen.    Id. 

712k.  Regulatioi\8  covering  desertian^  iTuprisonment^  etc. — Tlie 
payment  shall  be  subject  to  such  regulations  as  may  be  prescribed 
relative  to  cases  of  desertion  and  imprisonment  and  of  missing  men.  Id. 

7121.  Rates  of  pay  to  wife  and  children^  class  A. — Subject  to  the 
conditions,  limitations,  and  exceptions  hereinabove  and  hereinafter 
specified,  the  family  allowance  payable  per  month  shall  be  as  follows : 

Class  A.  In  the  case  of  a  man,  to  his  wife  (including  a  former  wife 
divorced)  and  to  his  child  or  children: 

(a)  If  there  be  a  wife  but  no  child,  $15. 

(b)  If  there  be  a  wife  and  one  child,  $25. 

(c)  If  there  be  a  wdfe  and  two  children,  $32.50,  with  $5  per  month 
additional  for  each  additional  child. 

(d)  If  there  be  no  wife,  but  one  child,  $5. 

(e)  If  there  be  no  wife,  but  two  children,  $12.50. 

(f )  If  there  be  no  wife,  but  three  children,  $20. 

(g)  If  there  be  no  wife,  but  four  children,  $30,  with  $5  per  month 
additional  for  each  additional  child.    Id. 

712m.  Rates  of  pay  to  grandchild^  parent^  brother  or  sister.  Class 
B. — Class  B.  In  the  case  of  a  man  or  woman,  to  a  grandchild,  a 
parent,  brother,  or  sister : 

(a)  If  there  be  one  parent,  $10. 

(b)  If  there  be  two  parents,  $20. 

(c)  For  each  grandchild,  brother,  sister,  and  additional  parent,  $5. 
In  the  case  of  a  wom.an,  to  a  child  or  children: 

(d)  If  there  be  one  child,  $5. 

(e)  If  there  be  two  children,  $12.50. 

(f )  If  there  be  three  children,  $20. 

(g)  If  there  be  four  children,  $30,  with  $5  per  month  additional 
for  each  additional  child.    Id. 

712ii.  Compulsory  allotment  pTereqaisite  to  payment  to  members 
of  Class  A. — Family  allowances  for  members  of  Class  A  shall  be  paid 
only  if  and  while  a  compulsory  allotment  is  made  to  a  member  or 
members  of  such  class.    Sec.  2-205,  Id.  Jfil^. 

712o.  Ainount  payable  t6  divorced  wife. — The  monthly  family 
allowance  to  a  former  wife  divorced  shall  be  payable  only  out  of  the 
difference,  if  any,  between  the  monthly  family  allowance  to  the  other 
members  of  Class  A  and  the  sum  of  $50,  and  only  then  if  alimony 
shall  have  been  decreed  to  her.    Id. 

712p.  Amount  payable  to  wife  living  apart  under  order  of  court, 
etc. — For  a  wife  living  separate  and  apart  under  court  order  or  writ- 


136  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

ten  agreement  or  to  a  former  wife  divorced  the  monthly  allowance, 
-together  with  the  allotment,  if  any,  shall  not  exceed  the  amount 
specified  in  the  court  order,  decree,  or  written  agreement  to  be  paid 
to  her.    Id, 

712q.  Amount  payable  to  illegitimate  child. — For  an  illegitimate 
child,  to  whose  support  the  father  has  been  judicially  ordered  or 
decreed  to  contribute,  it  shall  not  exceed  the  amount  fixed  in  the  order 
or  decree.    Id. 

712r.  Conditions  'prereqxdsite  to  payment  to  Tnemhers  of  Glass  B ^ 
amounts. — Family  allowances  to  members  of  Class  B  shall  be  granted 
only  if  and  while  the  member  is  dependent  in  whole  or  in  part  on 
the  enlisted  man,  and  then  only  if  and  while  the  enlisted  man  makes 
a  monthly  allotment  of  his  pay  for  such  member  or  members  equal  to 
the  amount  of  the  monthly  family  allowance  as  hereinabove  specified, 
except  that — 

(a)  The  maximum  monthly  allotment  so  required  to  be  made  to 
members  of  Class  B  shall  be  one-half  of  his  pay. 

(b)  If  he  is  making  no  allotment  to  a  member  of  Class  A,  the  mini- 
mum monthly  allotment  so  designated  to  be  made  to  members  of 
Class  B  shall  be  $15  per  month. 

(c)  If  he  is  making  the  compulsory  allotment  to  a  member  of  Class 
A,  the  minimum  monthly  allotment  so  designated  to  be  made  to 
members  of  Class  B  shall  be  one-seventh  of  his  pay,  but  not  less  than 
$5  per  month.*    Sec.  2-206,  Id. 

*  By  virtue  of  the  authority  conferred  in  section  13  of  the  act  of  October  6, 
1917,  the  following  regulation  is  issued  relative  to  the  apportionment  of  the  allot- 
ment for  class  B  and  the  family  allowance,  under  section  208  of  the  act  of  Octo- 
ber 6,  1917. 

(1)  Rule  of  apportionment. — Whenever  as  indicated  below  an  allotment  or  r. 
family  allowance  is  to  be  apportioned  among  the  members  of  class  B  the  ap- 
portionment shall  be  on  the  basis  of  two  shares  for  a  parent  and  one  share  for 
each  brother,  sister,  or  grandchild.  The  total  number  of  shares  divided  into 
the  amount  of  the  allotment  or  of  the  family  allowance,  as  the  case  may  be, 
will  give  the  amount  of  each  share. 

(2)  Apportionment  of  allotment. —  (a)  If  the  enlisted  man  makes  an  allot- 
ment for  class  B  and  designates  to  whom  the  same  shall  be  paid  the  allotment 
shall  be  paid  as  designated  by  him. 

(&)  If  the  enlisted  man  makes  an  allotment  for  class  B  but  does  not  desig- 
nate to  whom  the  same  shall  be  paid  the  allotment  shall  be  apportioned  among 
the  named  members  of  class  B  according  to  the  rule  of  apportionment  above. 

(3)  Apportionment  of  family  allowance. —  (a)  If  the  allotment  for  class  B 
(whether  made  in  a  lump  sum  or  otherwise;  is  sufficient  to  secure  a  family 
allowance  for  all  persons  for  whom  a  family  allowance  is  claimed,  the  total 
of  the  family  allowance  granted  shall  be  apportioned  among  the  named  depend- 
ents in  class  B  according  to  the  rule  of  apportionment  above. 

(&)  If  the  allotment  for  class  B  is  made  in  a  lump  sum  and  is  at  least  $15 
but  less  than  one-half  of  tJie  enlisted  man's  monthly  pay  and  is  not  sufficient 
to  secure  the  family  allowance  for  all  persons  for  w^hom  a  family  allowance  is 
claimed,  the  allotment  shall  be  considered  made  in  the  manner  most  effective 
for  securing  family  allowances ;  provided  that  the  sum  of  the  family  allowances 
that  may  be  granted  as  specified  in  section  204  does  not  exceed  the  total  sum 
allotted,  subject,  however,  to  the  limitations  of  section  207.  The  family  allow- 
ance granted  shall  be  apportioned  among  the  named  dependents  in  class  B  ac- 
cording to  the  rule  of  apportionment  above. 

(c)  If  individual  allotments  are  made  for  the  several  members  of  class  B 


MILITJA.EY  LAWS  OF   THE  UNITED  STATES,  1915.  137 

712s.  Same — Exemption  from  additional  allotment  under  Class  B 
as  prerequisite  may  he  granted  for  cause. — On  the  enlisted  man's  ap- 
plication, or  otherwise  for  good  cause  shown,  exemption  from  this 
additional  allottment  under  Class  B  as  a  condition  to  the  allowance 
may  be  granted,  upon  such  conditions  as  may  be  prescribed  by  regu- 
lations.   Id. 

712t.  Limitation  on  amounts  payable  to  members  of  Class  B. — 
The  amount  of  the  family  allowance  to  members  of  Class  B  shall 
be  subject  to  each  of  the  following  limitations : 

If  an  allow^ance  is  paid  to  one  or  more  beneficiaries  of  Class  A, 
the  total  allowance  to  be  paid  to  the  beneficiaries  of  Class  B  shall  not 
exceed  the  diiference  between  the  allowance  paid  to  the  beneficiaries 
of  Class  A  and  the  sum  of  $50.    Sec.  2-207,  Id. 

712u.  Same — Amount  of  alloioance  and  allotment  not  to  exceed 
amou7it  of  contribution  to  support  of. — The  total  monthly  allow- 
ance to  beneficiaries  of  Class  B  added  to  the  enlisted  man's  monthly 
allotment  to  them  shall  not  exceed  the  average  sum  habitually  con- 
tributed by  him  to  their  support  monthly  during  the  period  of  de- 
pendency but  not  exceeding  a  year  immediately  preceding  his  enlist- 
ment or  the  enactment  of  this  amendatory  Act.^    Id. 

712v.  Apportionment  of  allotments  and  family  allowances  be- 
tween members  of  Classes  A  and  B. — As  between  the  members  of 

and  the  sum  of  tlie  allotments  is  at  least  $15  but  less  tlian  one-half  of  the 
enlisted  man's  monthly  pay  and  if  any  of  the  individual  allotments  is  less  than 
the  corresponding  family  allowance  (as  specified  in  sec.  204)  for  the  In- 
dividual member  for  whom  a  family  allowance  is  claimed  the  total  allotment 
shall  be  considered  made  in  the  manner  most  effective  for  securing  family 
allowances;  provided  that  the  sum  of  the  total  family  allowances  that  may 
be  granted  as  specified  in  section  204  does  not  exceed  the  total  sum  allotted, 
subject,  however,  to  the  limitations  of  section  207.  The  family  allowance  granted 
shall  be  apportioned  among  the  named  dependents  in  class  B  according  to  the 
rule  of  apportionment  above.  (Regulation  No.  4,  Jan.  29,  1918.  T.  D.  14 
W.  R.     Dig.  Opin.  J.  A.  G.,  January,  1918.) 

By  virtue  of  the  authority  conferred  in  sections  13  and  20G  of  the  act  of 
October  6,  1917,  the  following  regulation  is  issued  concerning  exemption  from 
the  allotment  for  class  B  as  a  condition  to  the  family  allowance : 

An  enlisted  man  who  is  making  a  compulsory  allotment  for  class  A  shall, 
as  a  condition  to  securing  the  family  allowance  for  class  B,  be  required  to 
allot  for  class  B  one-seventh  of  his  monthly  pay,  but  not  less  than  $5,  and  shall 
be  automatically  exempted,  without  application,  from  any  further  allotment 
for  class  B. 

(Regulation  No.  7,  Jan.  14,  1918.     T.  D.  13  W.  R. :  Id.) 

^  By  virtue  of  the  authority  conferred  in  section  13  of  the  act  of  October  6, 
1917,  the  following  regulation  is  issued  relative  to  the  amount  of  the  monthly 
allotment  shall  be  considered  as  is  necessary  as  a  condition  to  the  family 
in  section  207  (&)  as  to  habitual  contributions  has  been  exceeded: 

In  determining  whether  the  total  monthly  allowance  added  to  the  monthly 
allotment  for  Class  B  is  in  excess  of  the  average  sum  habitually  contril)uted 
monthly  by  the  eulisted  man  to  his  dependents,  only  so  much  of  the  monthly 
allotment  shall  *be  considered  as  is  necessary  as  a  condition  to  the  family 
fillowance;  and  any  excess  allotment  over  the  amount  necessary  as  a  condition 
to  the  family  allowance  shall  be  transmitted  to  the  dependents  as  an  additional 
contribution  by  the  enlisted  man.  (Regulation  No.  8,  Jan.  29,  1918.  T.  D.  15 
W.  R.    Dig.  Opin.  J.  A.  G.,  January,  1918.) 


138  MILITARY   LAWS  OF   THE   UNITED   STATES,   1915. 

Class  A  and  as  between  the  members  of  Class  B,  the  amoimt  of  the 
allotment  and  family  allowance  shall  be  apportioned  as  may  be  pre- 
scribed by  regulations.    Eec.  2-208^  Id. 

712w.  Payments  of  allotment's  to  Treasury  Department  for  dis- 
tribution^ etc. — ^The  War  and  Navy  Departments,  respectively,  shall 
pay  over  to  the  Treasury  Department  monthly  the  entire  amoimt  of 
such  allotments  for  distribution  to  the  beneficiaries,  and  the  allot- 
ments and  family  allowances  shall  be  paid  hy  the  bureau  to  or  for 
the  beneficiaries.    Sec,  2-209^  Id, 

712x.  Investigations  as  to  allowances  and  allotments. — Upon 
receipt  of  any  application  for  family  allowance  the  commissioner 
shall  make  all  proper  investigations  and  shall  make  an  award,  on 
the  basis  of  Avhich  aw^ard  the  amount  of  the  allotments  to  be  made 
by  the  man  shall  be  certified  to  the  War  Department  or  Navy 
Department,  as  may  be  proi)er.    Sec.  2-210,  Id. 

712y.  Same — Modification  of  award  where  conditions  have 
changed,  etc. — Whenever  the  commissioner  shall  have  reason  to  be- 
lieve that  an  allowance  has  been  improperly  made  or  that  the  con- 
ditions have  changed,  he  shall  investigate  or  reinvestigate  and  may 
modify  the  award.    Id,  Jfi5, 

By  virtue  of  the  authority  confei'red  in  section  13  of  the  war  risk  insurance 
act,  the  following  regulation  is  issued  relative  to  the  applicability  of  the  limita- 
tion as  to  habitual  contributions  in  section  207  (6)  of  the  war  risk  insurance 
act. 

(1)  Dependeiicy  arisinfj  prior  to  both  enlistment  and  Octo'her  G,  lf)17.-lt  th^ 
member  of  class  B,  for  whom  an  enlisted  man  makes  a  monthly  allotment  in 
accordance  with  section  206  and  claims  a  family  alloM'ance,  became  dependent 
in  wlM>le  or  in  part  on  the  enlisted  man  prior  to  both  enlistment  and  October  6, 
1917,  tlie  limitation  as  to  habitual  contributions  by  him  monthly  may  be  com- 
puted as  of  the  period  (not  exceeding  one  year)  of  dependency  iuunediately 
preceding  his  enlistment  or  immediately  preceding  October  6,  1917,  whichever 
period  the  enlisted  man  prefei*s. 

<2)  Dependency  arising  prior  to  enlisfment  or  October  6,  1917,  hut  not  prior 
to  both. — If  the  member  of  class  B,  for  whom  the  enlisted  man  makes  a  monthly 
allotment  in  accordance  with  section  206  and  claims  a  family  allowance,  became 
dependent  in  whole  or  in  part  on  the  enlisted  man  prior  to  enlistment  or  prior 
to  October  6,  1917,  but  not  prior  to  both,  the  limitation  as  to  habitual  contri- 
butions in  section  207  (h)  is  applicable,  and  the  average  sum  habitually  con- 
tributed by  him  monthly  shall  be  computed  as  of  the  period  (not  exceeding  one 
year)  of  dependency  immediately  preceding  his  enlistment  or  immediately  pre- 
ceding October  6,  1917,  as  the  case  may  be. 

(3)"  Dependeivcy  arising  subsequent  to  both  enlistmeiit  and  October  6,  1917.-^ 
If  the  member  of  class  B,  for  whom  the  enlisted  man  makes  a  monthly  allot- 
ment in  accordance  with  section  206  and  claims  a  family  allowance,  becomes 
dependent  in  whole  or  in  part  on  the  enlisted  man  subsequent  to  botli  enlistment 
and  October  6,  1917,  the  limitation  as  to  habitual  contributions  in  section  207 
<&)  is  not  applicable,  and  family  allowances  will  be  paid  without  regard  to  such 
limitation. 

( Regulation  of  Feb.  8,  1918,  T.  D.  16  W.  R.  Dig.  Opin,  J.  A.  G.,  February, 
1918.)        ■•  '* 

By  virtue  of  the  authority  conferred  in  section  13  of  the  '^iw  risk  Insurance 
act,  the  following  regulation  is  issued  relative  to  the  definition  of  dependency : 

For  the  purposes  of  the  war  risk  insurance  act  a  person  is  dei)eudent  in  whole 
or  in  part  upon  another  when  he  is  compelled  to  rely,  and  the  relatio"  s  between 
the  parties  ar»  snch  that  he  has  a  right  to  rely  in  whole  or  in  part  on  the 
other  for  his  support.     (Regulation  of  Feb.  23,  1918,  T.  D.  17,  W.  R.   Id.) 


MILITAEY  LAWS  OF   THE   UNITED  STATES,  1915.  189 

712z.  Same — Amount  of  each  monthly  allotment  or  allowance  de- 
pendent ii2>on  existing  conditions. — The  amount  of  each  monthly 
allotment  and  allowance  shall  be  determined  according  to  the  condi- 
tions then  existing.    Id. 

712aa.  Militainj  and  naval  family  allowance  appropriation^  pay- 
ments from. — There  is  hereby  appropriated  from  any  money  in  the 
Treasury  not  otherwise  appropriated,  the  sum  of  $141,000,000,  to  be 
known  as  the  military  and  naval  family  allowance  appropriation, 
for  the  payment  of  the  family  allowances  provided  by  Article  II. 
Payments  out  of  this  appropriation  shall  be  made  upon  and  in  accord- 
ance with  awards  by  the  Commissioner  of  the  Division  of  Military 
and  Xaval  Insurance.    Sec.  2-18^  Id.^  ItOO. 

( For  the  section  immediately  preceding  this  paragraph  see  paragrjiphs  14SSn- 
1488p,  and  for  the  ensuing  section  see  paragraph  1483aaaa,  post.) 

716a.  Military  and  naval  pay  deposit  fund. — There  shall  be  set 
aside  as  a  separate  fund  in  the  Treasury,  to  be  known  as  the  military 
and  naval  pay  deposit  fund,  all  sums  held  out  of  pay  as  provided  by 
section  two  hundred  and  three  of  this  Act    Sec.  2-21  ^  Id.^  JfOO. 

(For  the  section  inmiediately  preceding  this  paragraph  see  paragraphs 
1483vy:  y,  14S:-/zzz,  post.) 

716b.  Same — Available  for  payment  of  principal  and  interest .^  ap- 
propiation  for  interest. — Such  fund,  including  all  additions,  is 
hereby  made  available  for  the  payment  of  the  sums  so  held  and  de- 
posited, with  interest,  as  provided  in  section  two  hundred  and  three, 
and  the  amount  necessary  to  pay  interest  is  hereby  appropriated.  Id. 
(For  the  ensuing  section  of  this  act  see  paragraph  1483q,  post.) 
716c.  Deposit  of  unallotted  pay  to  credit  of  enlisted  men. — In  case 
one-half  of  an  enlisted  man's  monthly  pay  is  not  allotted,  regulations 
to  be  made  by  the  Secretary  of  War  and  the  Secretary  of  the  Navy, 
respectively,  may  require,  under  such  circumstances  and  conditions 
as  may  be  prescribed  in  such  regulations,  that  any  proportion  of 
such  one-half  pay  as  is  not  allotted  shall  be  deposited  to  his  credit, 
to  be  held  during  such  period  of  his  service  as  may  be  prescribed. 
Sec.  2-203,  Id.,  hOS. 

(For  the  section  immediately  preceding  this  paragraph  see  paragraph  712g, 

ante.) 

716d.  Interest,  payment  of  principal  and  interest. — Such  deposits 
shall  bear  interest  at  the  rate  of  four  per  centum  per  annum,  witli 
semiannual  rests  and,  when  payable,  shall  be  paid  principal  and 
interest  to  the  enlisted  man,  if  living,  otherwise  to  any  beneficiary 
or  beneficiaries  he  may  have  designated,  or  if  there  be  no  such 
beneficiary,  then  to  the  person  or  persons  whojs^rould  under  the  laws 
of  the  State  of  his  residence  be  entitled  to  his  personal  property  in 
case  of  intestacy.     Id. 

(For  the  ensuing  section  of  this  act  see  paragraph  712h,  ante.) 


140  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

721a.  Transfortation  of  change  of  station  allowance  of  haggage  on 
discharge  for  clisaVility  of  enlisted  man  having  ten  years  or  more  of 
service. — Hereafter  when  an  enlisted  man  having  ten  or  more  years' 
service  in  the  Army  is  discharged  on  account  of  disability  incurred 
in  the  line  of  duty,  transportation  of  his  authorized  change  of  station 
allowance  of  baggage  from  his  last  duty  station  to  his  home  in  addi- 
tion to  other  travel  allowances  fixed  by  law  may  be  authorized  by  the 
Secretary  of  War.     Act  of  Aug.  29,  1916  {39  Stat.  633). 

727a.  Pay  and  allowances  of  soldier  sentenced  to  dishonorable  dis- 
charge during  executio?i  of  suspended  sentence. — Hereafter  pay  and 
allowances  shall  not  accrue  to  a  soldier  under  sentence  of  dishonor- 
able discharge  during  such  period  as  the  execution  of  the  sentence  of 
discharge  may  be  suspended  under  authority  of  the  act  of  Congress 
approved  April  twenty-seventh,  nineteen  hundred  and  fourteen,  and 
pay  which  has  heretofore  been  forfeited  under  such  suspended  sen- 
tence shall  not  be  held  to  have  accrued  to  the  Soldiers'  Home  under 
the  operation  of  section  forty-eight  hundred  and  eighteen,  Revised 
Statutes,  but  shall  be  covered  back  into  the  Treasury  of  the  United 
States.    Act  of  Mar.  4,  1915  (38  Stat.  1065), 

(This  provision  will  also  be  found  under  paragraph  1507a.) 


vf- 


CHAPTER   XIX, 


THE  MEDICAL  DEPARTMENT. 


rar. 

The  Medical  Department,  compo- 
sition of 728a 

Not  to  exceed  five  officers  of,  may 
be  detailed  with  American  Red 
Cross 728b 

Veterinary  Corps 728c-728n 

Composition    of 728e 

Appointment  of  assistant  veteri- 
narian, qualifications  and  ex- 
amination for 728d 

Same — Rank,  pay,  and  allow- 
ances of 728e 

Same — Examination  for  promo- 
tion      728f 

Veterinarians  now  in  Army  ap- 
pointed in  Veterinary  Corps, 
rank  and  pay  of 728g 

Same — Examination   for 728h 

Same — Retirement  of,  if  found 
physically    disqualified 7281 

Appointment  of  reserve  veteri- 
narians, pay  and  allowances 
of 728j 

Same — Qualifications  of;  eligible 
for  appointment  as  assistant 
veterinarian 728k 

Probationary  appointment  of  as- 
sistant veterinarians  from  eli- 
gible list  in  order  of  merit 7281 

Same — Discharge  of  probation- 
ary veterinarians  whose  serv- 
ices are  unsatisfactory 728m 

Boards  of  examiners,  composi- 
tion of 728n 

The  Medical  Corps 729a-732c 

Composition  of 729a 

Upon  reduction  by  law  of  author- 
ized enlisted  strength  of  Army 

-  no  original  appointments  to  be 
made  to  commissioned  rank 
In  until  it  has  been  proportion- 
ally reduced 729b 


Par. 


Medical  officers  appointed  to 
meet  Increase  in  time  of  war 
to  be  honorably  discharged 
when  strength  of  Army  is  re- 
duced      729ct 

Promotion  as  captains  of  first 
lieutenants  in  Medical  Corps 
of  Regular  Army  and  National 
Guard 729d. 

Relative  rank  of  captains, 
method  of  determining 731a 

Appointment  in,  qualifications 
for,  and  promotion 732a 

Same — Provision  as  to  age  limit 
repealed 732b 

Same — Age  limit  after  January 
1,  1918 - 732c 

Dental  surgeons 750a-750c 

Rank,  pay,  allowances,  qualifica- 
tions, and  number  of 750a 

Same — Number  of  majors  lim- 
ited  to  15 750b 

Same — Examination  for  promo- 
tion same  as  for  ofllcers  of 
Medical  Corps 750c 

Composition,  appointments,  pro- 
motions, rank,  pay,  allow- 
ances, retirement  and  number 
of  officers 750d 

Examining        and        reviewing 

boards 750e 

Recommission  of  surgeons  in 
active  service 750f 

Same — Confirmation  by  Senate 
prior  to  recoramissioning  of 750g 

Enlisted  force 756a-766g 

Composition    of 75Ga 

Enlisted  men  ix)  Hospital  Corps 

at   date   of   approval   of    act 

transferred    to   corresponding 

grades  in  Medical  Department    756b 

141 


142 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


Par. 

Appointment  and  qualifications 
of  master  hospital  sergeauts__     760a 

Privates,  first  class,  eligible  for 
ratings  for  additional  pay  as 
nurses  and  dispensarj^  or  sur- 
gical   assistants 7G5a 

Same — No  man  shall  receive 
more  than  one  rating  for  ad- 
ditional   pay 765b 

Original  enlistments  to  be  in 
grade  of  private  and  reenlist- 
ments,  transfers,  etc.,  to  be 
under  prescribed  regulations,     766a 

Knllsted  men,  total  number  not 
to  exceed  5  per  cent  of  en- 
listed strength  of  Army 766b 

Same — Additional  men  may  be 
enlisted  in  time  of  actual  or 
threatened  hostilities 766c 

Number  of  master  hospital  ser- 
geants, hospital  sergeants,  ser- 
geants first  class,  sergeants, 
corporal,  and  cooks 766d 

Number  of  horseshoers,  saddlers, 

farriers,  and  mechanics 766e 

Number  of  first-class  privates 
and  privates 766f 

Upon  reduction  by  law  of  au- 
thorized enlisted  strength  of 
Army  no  promotion  of  non- 
commissioned ofiicers  will  be 
made  uutil  their  percentage 
has  been  reduced  proportion- 
ally      766g 


Allowances  of  superintendent-. 
Sale    of    medical     supplies     to 

American  Red  Cross 

Loan  of  sanitary  equipment  of 
Army  and  Navy  to  American 

Ked    Cross 

Same — Ileturn    to    be    provided 

for  and  bond  to  be  required __ 

Same — Extended  for  instruction 

of  persons  who  may  volunteer 

for    training    within    certain 

period 

Sales    of    medical     supplies    to 

civilian  employees 

Proceeds  of  sales  of  medical  and 
hospital    supplies,    disposition 

of J 

Settlement  of  accounts  between 
other  bureaus  of  War  Depart- 
ment, etc.,  and  Medical  De- 
partment   

Hospital  care  Canal  Zone  garri- 
son ;  rate  of  commutation  of 
rations  and  appropriation  from 

which  payable 

Same 

Allowance  for  keeping  and  feeil- 
ing  prisoners,  provision  re- 
stricting amount  suspended- 
Medical  care  and  treatment  in 
private  hospitals  of  officers, 
enlisted  men,  civilian  em- 
ployees, and  prisoners  of  war ; 

exceptions 

Applications  for  trusses 

Purchase  of  trusses 


Par. 
770a 


i  <oa 


.'b 


t  <UC 


.">d 


776-1 
776b 


iGc 


776.1 
78^5:i 
788b 


728a.  The  Medical  Department^  composition  of. — The  Medical  De- 
partment shall  consist  of  one  Surgeon  General,  with  the  rank  of 
major  general  during  the  active  service  of  the  present  incumbent  ^  of 
that  office,  and  thereafter  with  the  rank  of  brigadier  general,  who 
staJl  be  chief  of  said  department,  a  Medical  Corps,  a  Medical  Re- 
serve Corps  within  the  limit  of  time  fixed  by  this  Act,  a  Dental 
Corps,  a  Veterinary  Corps,  an  enlisted  force,  the  Nurse  Corps  and 
contract  surgeons  as  now  authorized  by  law,  the  commissioned  offi- 
cers of  which  shall  be  citizens  of  the  United  States.  Sec.  10^  Act  of 
June  S,  1916  {39  Stat.  171). 

(For  the  next  provision  of  this  section  see  par.  729a.  For  the  provision  of 
sec.  37  abolishing  the  Medical  Reserve  Corps  one  year  after  passage  of  act.  see 
par.  1539.) 

^  For  provision  in  section  3,  act  of  October  6,  1917,  giving  the  Surgeon  General 
the  rank,  pay,  and  allowances  of  major  general,  see  paragraph  373a.  ante. 


MILITABY   LAWS   OF    THE   UNITED  STATES,   1915.  143 

728b.  Not  to  exceed  -five  o-ffleei-s  of^  may  he  detailed  with  American 
Red  Cross. — Hereafter  the  President  shall  be  authorized  to  detail 
not  to  exceed  five  officers  of  the  Medical  Department  of  the  Army  for 
duty  with  the  military  relief  division  of  the  American  National  Red 

Cross.    Id. 

(For  other  provisions  of  this  section,  precetling  this  paragraph,  see  para- 
graphs 729a,  729b,  729c,  731a,  and  732a.) 

VETIIRINARY   CORPS. 

72Sc.   Composition  of. — The  President  is  hereby  authorized,  by  and 

with  the  advice  and  consent  of  the  Senate,  to  appoint  veterinarians 

and  assistant  veterinarians  in  the  Army,  not  to  exceetl,  including 

veterinarians  iiow  in  service,  two  such  officers  for  each  regiment  of 

Cavalry,  one  for  every  three  batteries  of  Field  Artillery,  one  for  each 

mounted  battalion  of  Engineers,  seventeen  as  ins|>eetors  of  horses 

and  mules  and  as  veterinarians  in  the  Quartermaster  Corps,  and 

seven  as  in&[>ectors  of  meats  for  the  Quartermaster  Corps;  and  said 

veterinarians  and  assistant  veterinarians  shall  be  citizens  of  the 

United  States  and  shall  constitute  the  Veterinary  Corps  and  shall  l>e 

a  part  of  the  Medical  Department  of  the  Army.^     Sec.  16,  act  of 

June  S,  1916  {S9  Stat.  176). 

(See  paragraphs  54^1,  1078,  and  1079  for  existing  law  relative  to  veter- 
inarians.) 

728d.  Appointment  of  ass^istant  veterinarian,  qualifications  and  ex- 
amination for. — Hereafter  a  candidate  for  appointment  as  assistant 
veterinarian  must  be  a  citizen  of  the  United  States,  between  the  ages 
of  twenty-one  and  twenty-seven  years,^  a  graduate  of  a  recognized 

^Uix>»  inquiry  whether  Teterinarians  of  Cavalry,  Field  Artillery,  and  tbe 
Quartermaster  Corps  who  have  been  recommended  for  commissions  in  the  Veter- 
inary Coi-ps  established  by  section  16  of  the  act  of  June  3,  1916,  are  to  be  con- 
sideretl  members  of  the  Veterinary  Corps  pending  the  issne  of  tlieir  com- 
missions. 

Held,  that  the  language  of  tbe  section  referred  to  defines  the  Veterinary 
Corps  as  consisting  of  "  said  veterinarians  and  assistant  veterinarians,"  and 
these  words  can  relate  only  to  the  veterinarians  and  assistant  veterinarians 
wliose  appointments  have  been  provided  for  in  tbe  preceding  clause.  The 
words,  "  including  veterinarians  now  in  the  service,"  are  employed  in  the 
section  only  for  the  purposes  (1)  of  limiting  the  number  of  officers  who  may  be 
appointed  veterinarians  and  assistant  veterinarians  under  tlie  terms  of  the 
section,  and  (2)  of  indicating  that  the  discharge  of  veterinarians  then  in  the 
service  was  not  required;  and  do  not  have  the  elfeet  of  including  the  "veter- 
inarians now  in  the  ser\ice  "  in  the  Veterinary  Corps^  which  the  section  plainly 
constitutes  through  new  apix>iutment.  (War  Dept.  BulU  15,  March  24,  1917.) 
•  'The  question  was  presented  whether  the  provision  of  the  act  of  May  12, 
1917  (Army  appropriation  act),  amending  section  24  of  tlie  national-defense 
act,  so  as  to  provide  new  age  limits  for  appointments  to  the  grade  af  second 
lieutenant,  affected  the  eligibility  for  appointment  as  assistant  veterinarians 
under  section  16  of  the  national-defense  a:Ct. 

Held,  that,  since  the  provision  of  section  16  of  the  national-defense  act  gov- 
erning the  eligibility  of  persons  for  appointment  as  assistant  veterinarians  is 
not  dependent  upon  or  affected  by  the  provisions  governing  the  elegibility  f«n- 
appointment  as  second  lieutenant  found  in  section  24  of  that  act,  the  amend- 
ment of  section  24  by  the  act  of  May  12,  1917,  does  not  affect  the  provision 
rehitive  to  appointment  as  assistant  veterinarians  found  in  section  16  of  the 
national-defense  act     (War  Dept.  Bull.  49,  August  22,  1917.) 


144  MILITARY  LAWS  OF  THE   UNITED  STATES,  1915. 

veterinary  college  or  university,  and  shall  not  be  appointed  until  he 
shall  have  passed  a  satisfactory  examination  as  to  character,  physical 
condition,  general  education,  and  professional  qualifictions.    Id. 

728e.  Same — Ranh^  pay^  and  allowances  of. — An  assistant  veter- 
inarian appointed  under  this  Act  shall,  for  the  first  five  years  of 
service  as  such,  have  the  rank,  pay,  and  allowances  of  second  lieu- 
tenant; that  after  five  years  of  service  he  shall  have  the  rank,  pay, 
and  allowances  of  first  lieutenant ;  that  after  fifteen  years  of  service 
he  shall  be  promoted  to  be  a  veterinarian  with  the  rank,  pay,  and 
allowances  of  captain,  and  that  after  twenty  years'  service  he  shall 
have  the  rank,  pay,  and  allowances  of  a  major.*    Id. 

728f.  Same — Examination  for  promotion. — Any  assistant  veteri- 
narian, in  order  to  be  promoted  as  hereinbefore  provided,  must  first 
pass  a  satisfactory  examination,  under  such  rules  as  the  President 
may  prescribe,  as  to  professional  qualifications  and  adaptability  for 
the  military  service;  and  if  such  assistant  veterinarian  shall  be 
found  deficient  at  such  examination  he  shall  be  discharged  from  the 
Army  with  one  year's  pay.     Id. 

728g.  Veterinarians  noio  in  Army  appointed  in  Veterinary  Corps^ 
rank  and  pay  of. — The  Veterinarians  of  Cavalry  and  Field  Artillery 
now  in  the  Army,  together  with  such  veterinarians  of  the  Quarter- 
master Corps  as  are  now  employed  in  said  corps,  who  at  the  date  of 
the  approval  of  this  Act  shall  have  had  less  than  five  years'  govern- 
mental service,  may  be  appointed  in  the  Veterinary  Corps  as  assist- 
ant veterinarians  with  the  rank,  pay,  and  allowances  of  second  lieu- 
tenant ;  those  who  shall  have  had  over  five  years  of  such  service  may 
be  appointed  in  said  corps  as  assistant  veterinarians  with  the  rank, 
pay,  and  allowances  of  first  lieutenant ;  and  those  who  shall  have  had 
over  fifteen  years  of  such  service  may  be  appointed  in  said  corps  as 

Under  the  national-defense  act  of  June  3,  1916  (39  Stat.  176),  a  person  who 
Is  especially  qualified  for  duty  as  a  veterinarian  is  eliirible  for  a  commission  as 
a  veterinary  officer  in  the  federalized  National  Guard,  even  though  he  may  not 
be  a  graduate  of  a  veterinary  college.  (Sec.  74.)  Candidates  for  the  position 
of  assistant  veterinarian  in  the  Regular  Army,  or  that  of  reserve  veterinarian, 
must,  however,  be  graduates  of  a  recognized  veterinary  college  or  university. 
(Sec.  16.)     (Dig.  Opin.  J.  A.  G.,  January,  1918.) 

*The  increase  of  the  Military  Establishment  provided  by  the  act  of  May  18, 
1917,  authorizes  the  appointment  in  the  Veterinary  Corps  of  officers  of  the 
grades  of  colonel  and  lieutenant  colonel  even  though  the  national  defense  act 
of  June  3,  1916,  which  established  the  Veterinary  Corps,  provides  for  no 
grades  higher  than  that  of  major.  This  is  so  because  the  latter  act  prescribes' 
an  organization  appropriate  to  the  limited  forces  authorized  by  that  act  for 
the  Regular  Army,  whereas  the  enlarged  forces  called  for  by  the  act  of  May 
18,  1917,  render  necessary  the  appointment  of  such  officers  for  administrative 
purposes  and  in  order  to  make  such  larger  forces  correspond  in  organization 
to  that  of  the  Regular  Army.     (Dig,  Opin.  J.  A.  G.,  January,  1918.). 


MILITARY  LAWS   OF   THE  UNITED  STATES,  1915.  145 

veterinarians  with  the  rank,  pay,  and  allowances  of  captain.* 
Id,  177, 

(See  par.  544,  1078,  and  1079  for  existing  law  relative  to  veterinarians.) 

728h.  Same — Examination  for. — No  such  appointment  of  any  vet- 
erinarian shall  be  made  unless  he  shall  first  pass  satisfactorily  a 
practical  professional  and  phj^sical  examination  as  to  his  fitness  for 
the  military  service.^     Id. 

728i.  Sa7ne — Retirement  of  if  found  physically  disqualified. — 
Veterinarians  now  in  the  Army  or  in  the  employ  of  the  Quarter- 
master Corps  who  shall  fail  to  pass  the  prescribed  physical  examina- 
tion because  of  disability  incident  to  the  service  and  sufficient  to 
prevent  them  from  the  performance  of  duty  valuable  to  the  Govern- 
ment shall  be  placed  upon  the  retired  list  of  the  Army  with  seventy- 
five  per  centum  of  the  pay  to  which  they  would  have  been  entitled 
if  appointed  in  the  Veterinary  Corps  as  hereinbefore  prescribed..  Id, 

728j.  Appointment  of  reserve  veterinarians^  pay  and  allowances 
of. — The  Secretary  of  War,  upon  recommendation  of  the  Surgeon 
General  of  the  Army,  may  appoint  in  the  Veterinary  Corps,  for  such 
time  as  their  services  may  be  required,  such  number  of  reserve  vet- 
erinarians as  may  be  necessary  to  attend  public  animals  pertaining 
to  the  Quartermaster  Corps.  Reserve  veterinarians  so  employed 
shall  have  the  pay  and  allowances  of  second  lieutenant  during  such 
employment  and  no  longer.     Id. 

728k.  Same — Qualifications  of;  eligihle  for  appointment  as  as- 
sistant veterinarian.' — Such  reserve  veterinarians  shall  be  graduates 
of  a  recognized  veterinary  college  or  university  and  shall  pass  a 
satisfactory  examination  as  to  character,  physical  condition,  general 
education,  and  professional  qualifications  in  like  manner  as  herein- 
before required  of  assistant  veterinarians ;  such  reserve  veterinarians 

^  Held,  that  those  persons  employed  as  inspectors  of  horses  and  as  inspectors 
of  meats,  who  are  qualified  veterinarians,  come  within  such  authorization  and 
may  be  commissioned  in  the  Veterinary  Corps  with  rank,  pay,  and  allowances 
as  specified  in  the  act.     (War  Dept.  Bull.  34,  Sept.  12,  1916.) 

Upon  an  inquiry  whether  an  assistant  veterinarian  appointed  under  the  pro- 
visions of  section  16  of  the  national  defense  act  mi2;ht  receive  credit  for  service 
in  the  Bureau  of  Animal  Industry  as  "  Governmental  service,"  within  the  mean- 
inc:  of  that  section, 

Held,  that  since  the  national  defense  act  as  a  whole  relates  to  matters  under 
the  control  of  the  War  Department,  it  must  be  assumed  that  any  term  em- 
ployed in  the  section  above  referred  to  which  describes  service  in  a  more 
jj:eneral  way  than  the  term  "  military  service "  must  be  construed  to  cover 
other  service  under  the  War  Department  only,  rather  than  to  extend  the  opera- 
tion of  the  statute  to  other  departments  of  the  Government,  and  therefore 
l>eyond  the  general  purview  of  the  act;  and  that,  therefore,  service  in  the 
Bureau  of  Animal  Industry  can  not  be  counted  as  "  Governmental  service " 
witliin  the  meaning  of  section  16  of  the  national  defense  act.  (War  Dept. 
Bull.  15,  Mar.  24,  1917.) 

-  Held,  that  as  the  act  limits  the  character  of  the  examination  to  a  practical 
professional  and  physical  examination,  it  excludes  a  theoretical  examination, 
and  the  examination  required  must  be  confined  to  such  inquiry  as  will  deter- 
mine the  ability  of  the  applicant  skillfully  to  perform  his  profession,  but  may 
include  a  written  examination  on  questions  of  a  practical  nature.  (War  Dept. 
Bull.  2S,  Aug.  18,  1916.) 
54208°— 18 10 


146  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

shall  constitute  a  list  of  eligibles  for  appointment  as  assistant  veteri- 
narians, subject  to  all  the  conditions  hereinbefore  prescribed  for  the 
appointment  of  assistant  veterinarians.     Id, 

7281.  Probationary  appointment  of  assistant  veterinarians  from 
eligible  list  in  order  of  merit, — Within  a  limit  of  time  to  be  fixed 
by  the  Secretary  of  War,  candidates  for  appointment  as  assistant 
veterinarians  who  shall  have  passed  satisfactorily  the  examinations 
prescribed  for  that  grade  by  this  Act  shall  be  appointed,  in  the  order 
of  merit  in  which  they  shall  have  passed  such  examination,  to  vacan- 
cies as  they  occur,  such  appointments  to  be  for  a  probationary  period 
of  two  years,  after  which  time,  if  the  services  of  the  probationers 
shall  have  been  satisfactory,  they  shall  be  permanently  appointed 
with  rank  to  date  from  the  dates  of  rank  of  their  probationary  ap- 
pointments.    Id. 

728in.  Same — DiscJuirge  of  probationary  veterinarians  whose  serv- 
ices  are  unsatisfactory, — Probationary  veterinarians  whose  services 
are  found  unsatisfactory  shall  be  discharged  at  any  time  during  the 
probationary  period,  or  at  tlie  end  thereof,  and  shall  have  no  further 
claims  against  the  Government  on  account  of  their  probationary 
service.    Id, 

728n.  Boards  of  examiners^  composition  of. — The  Secretary  of 
War  shall  from  time  to  time  appoint  boards  of  examiners  to  conduct 
the  veterinary  examinations  hereinbefore  prescribed,  each  of  said 
boards  to  consist  of  three  medical  officers  and  two  veterinarians.^   Id. 

THE  MEDICAL  CORPS.* 

729a.  Composition  of, — The  Medical  Corps  shall  consist  of  com- 
missioned officers  below  the  grade  of  brigadier  general,  proportion- 
ally distributed  among  the  several  grades  as  in  the  Medical  Corps 
now  established  by  law.  The  total  number  of  such  officers  shall 
approximately  be  equal  to,  but  not  exceed,  except  as  hereinafter  pro- 
vided, seven  for  every  one  thousand  of  the  total  enlisted  strength  of 
the  Regular  Army  authorized  from  time  to  time  by  law.*  Sec,  10, 
id.  171. 

(For  provisian  of  this  section  preceding  this  paragraph,  see  paragraph  728a.) 

*  JFfeM,  that  as  the  law  does  not  specifically  require  the  veterinarian  members 
of  the  board  to  have  qualified  under  the  examination  provided  by  the  national- 
defense  act,  and  it  would  be  impossible  so  to  constitute  the  first  board  the  ex- 
isting veterinarians  in  the  service  should  be  appointed  members  of  the  first 
boards  convened  for  the  required  examinations.  (War  DeiTt.  Bull.  18,  July  6, 
101(5.) 

'  For  requirement  that  commissioned  officers  of  the  Medical  Corps  shall  be 
citizens  of  the  United  States,  see  par.  723a,  ante. 

*  Held,  that  the  prescribed  ratio  of  seven  officers  to  each  one  thousand  enlisted 
men  for  the  Medical  Corps  did  not  become  effective  with  the  passage  of  the  act 
of  .Tune  3,  1916,  but  that  the  total  authorized  increase  of  officers  in  said  corps, 
to  be  determined  according  to  the  total  authorized  enlisted  strength,  including 
all  increments,  is  subject  to  the  provision  in  section  24  requiring  the  increases 
to  be  made  in  five  approximately  equal  increments.  (War  Dept.  Bull.  34, 
Sept.  12,  1916.) 


MILITARY  LAWS   OF   THE   UNITED  STATES^  1915.  147 

729b.  U'pon  reductiorir  hy  lato  of  authorized  enlisted  strength  of 
Artny  no  original  appointments  to  he  made  to  coTnmhsioned  rank  in 
nntiZ  it  liu^  been  proportionally  reduced. — If  by  reason  of  a  reduction 
by  law  in  the  authorized  enlisted  strength  of  the  Army  aforesaid  the 
total  number  of  officers  in  the  Medical  Corps  commissioned  previ- 
ously to  such  reduction  shall  for  the  time  l^eing  exceed  the  equivalent 
of  seven  to  one  thousand  of  such  reduced  enlisted  strength,  no  orig- 
inal appointment  to  commissioned  rank  in  said  corps  shall  be  made 
until  the  total  number  of  commissioned  officers  thereof  shall  have 
been  reduced  below  the  equivalent  of  seven  to  the  thousand  of  the 
said  reduced  enlisted  strength,  nor  thereafter  so  as  to  make  the  total 
number  of  commissioned  officers  thereof  in  excess  of  the  equivalent 
of  seven  to  the  thousand  of  said  reduced  enlisted  strength;  and  no 
promotion  shall  be  made  above  the  grade  of  captain  in  said  corps 
until  the  number  of  officers  in  the  grade  above  that  of  captain  to 
which  the  promotion  is  due  shall  have  been  reduced  below  the  pro- 
portional number  authorized  for  such  grade  on  the  basis  of  the 
reduced  enlisted  strength,  nor  thereafter  so  as  to  make  the  number  of 
officers  in  such  grade  in  excess  of  the  proportional  number  authorized 
on  the  basis  of  said  reduced  enlisted  strength,    td. 

729c.  Medical  officers  appoiinJted  to  meet  increase  in  time  of  war  to 
he  honorahly  discharged  when  strength  of  Army  is  reduced. — When 
in  time  of  war  the  Regular  Army  shall  hare  been  increased  by  virtue 
of  the  provisions  of  this  or  any  other  Act,  the  medical  officers  ap- 
pointed to  meet  such  increase  shall  be  honorably  discharged  from  the 
service  of  the  United  States  when  the  reduction  of  the  enlisted 
strength  of*  the  Army  shall  take  place.    Id. 

(For  the  next  provision  of  this  section  see  pai*agraph  7S2a.) 

?29d.  Promotion  as  captains  of  first  lieutenants  in  Medical  Corps 
of  Regular  Army  and  National  Guard. — During  the  existing  emer- 
gency first  lieutenants  in  the  Medical  Corps  of  the  Kegular  Army 
and  of  the  National  Guard  shall  be  eligible  to  promotion  as  captain 
upon  such  examination  as  may  be  prescribed  by  the  Secretary  of 
War.i    ^^^  ^1  Qc^^  Q^  1^27  {Ifi  'Stat.  397). 

(For  the  ensuing  provisions  of  this^  act  see  paragraphs  750d-750g,  and  1581a, 

'  Section  10  of  the  national-defense  act  provides  that  persons  hereafter  com- 
missioned in  the  Medical  Corps  shall  be  promoted  to  tlie  grade  of  captain  after 
five  years'  service  in  the  Medical  Corps  and  upon  passing  the  examinations  pre- 
stribed  by  the  President  for  promotion.  Public  86,  Sixty-fifth  Congress,  pro- 
vides that  during  the  present  emergency  first  lieutenants  in  the  Medical  Corps 
of  tlie  Regular  Army  and  of  the  National  Guard  shall  be  eligible  to  promotion 
as  captain  upon  such  examination  as  may  be  prescribed  by  the  Secretary  of 
War.  Construing  these  provisions  together  with  section  114  of  national-defense 
act.  it  is  held  that  all  vacancies  in  the  Medical  Corps  must  be  filled  by  per- 
manent or  temporary  promotions,  according  to  the  character  of  the  vacancy,  of 
officers  in  the  Medical  Corps  b^low  the  grade  in  which  the  vacancy  exists,  ia 
order  of  seniority,  subject  to  the  required  examinations.    Temporary  appoint- 


148  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

731a.  Relative  rank  of  captains^  method  of  determining. — Relative 
rank  among  captains  in  the  Medical  Corps,  who  have  or  shall  have 
attained  that  rank  by  operation  of  law  after  a  period  of  service  fixed 
thereby,  shall  be  determined  by  counting  all  the  service  rendered  by 
them  as  officers  in  said  corps  and  as  assistant  surgeons  in  the  Regidar 
Army,  subject,  however,  to  loss  of  files  by  reason  of  sentence  of  court- 
martial  or  by  reason  of  failure  to  pass  examination  for  promotion. 
Sec.  10,  Act  of  June  3, 1916  {39  Stat.  171). 

(For  the  next  preceding  provision  of  this  section  see  paragraph  732a.) 

732a.  Appointment  in,  qualifications  for,  and  promotion. — Persons 
hereafter  commissioned  in  the  Medical  Corps  shall  be  citizens  of  the 
United  States  between  the  ages  of  twenty-two  and  thirty  years  and 
shall  be  promoted  to  the  grade  of  captain  upon  the  completion  of 
five  years'  service  in  the  Medical  Corps  and  upon  passing  the  exami- 
nations prescribed  by  the  President  for  promotion  to  the  grade  of 
captain  in  the  Medical  Corps.^    Id. 

(For  the  next  ensuing  provision  of  this  section  see  paragraph  728b.) 

ments  can  be  resorted  to  only  when  possibilities  of  promotions  by  seniority  have 
been  exhausted.     (War.Dept.  Bull.  V2,  Dec.  24,  1917.) 

The  act  of  October  6,  1917,  repeals  section  10  of  the  act  of  June  3,  191G,  in  so 
far  as  it  requires  24  years'  service  as  a  qualification  for  major  in  the  Dental 
Corps  and  limits  the  number  of  majors  to  16.  The  same  act  makes  first  lieu- 
tenants in  the  Medical  Corps  of  the  Ilegular  Army  and  National  Guard  eligible 
to  promotion  as  captains  upon  examination  prescribed  by  the  Secretary  of 
War.  The  Secretary  need  not  act  in  the  premises  unless  he  so  desires.  (War 
Dept.  Bull.  75,  Dec.  81,  1917.) 

^  Under  existing  law  there  are  two  courses  of  action  prescribed  in  respect  to 
medical  officers  who  fail  to  qualify  for  promotion  for  reasons  other  than  phys- 
ical disability  incurred  in  line  of  duty — the  act  of  April  23,  1908  (35  Stat.  67), 
which  applies  to  captains  and  lieutenants,  providing  that  upon  tlicir  failure  to 
pass  the  examination  the  finding  of  the  examining  board  shall  be  passed  upon 
by  a  board  of  review,  and  if  it  be  concurred  in  by  the  board  of  review  the 
officer  shall  be  discharged  with  one  year's  pay;  the  other,  the  act  of  March  3, 
3900  (35  Stat.  737),  which  applies  in  terms  to  majors,  and  provides  that  If 
su':h  officer  fails  to  pass  an  examination  for  promotion,  for  reasons  other  than 
physical  disability  incurred  in  line  of  duty,  he  shall  be  suspended  from  pro- 
motion and  reexamined  after  the  expiration  of  one  year,  and  if  he  then  fails 
to  pass  he  shall  be  retired  without  promotion. 

Held,  that  by  the  above-quoted  provision  of  the  national -defense  act  the 
provisions  of  the  act  of  March  3,  1909,  supra,  relating  to  examination  of  majors 
of  the  Medical  Corps  and  the  action  to  be  taken  in  case  of  failure  to  qualify 
for  promotion,  is  extended  to  include  promotions  of  oflficers  of  the  Medical  Corps 
above  the  grade  of  major  and  below  the  grade  of  brigadier  general.  (War 
Dept.  Bull.  18,  July  8,  1916.) 

Section  10  of  the  national-defense  act  provides  that  persons  hereafter  com- 
missioned in  the  Medical  Corps  shall  be  promoted  to  the  grade  of  captain  after 
five  years'  service  in  the  Medical  Corps  and  upon  passing  the  examinations  pre- 
scribed by  the  President  for  promotion.  The  act  of  Oct.  6,  1917  (40  Stat.  .397), 
provides  that  during  the  present  emergency  first  lieutenants  in  the  Medical  Corps 
of  the  Ilegular  Army  and  of  the  National  Guard  shall  be  eligible  to  promotion 
jis  captain  upon  such  examination  as  may  be  prescribed  by  the  Secretary  of 
War.  Construing  these  provisions  together  with  section  114  of  national-defense 
;-ct,  it  is  held  that  all  vacancies  in  the  Medical  Corps  must  be  filled  by  permanent 
or  temporary  promotions,  according  to  the  character  of  the  vacancy,  of  officers 
in  the  Medical  Corps  below  the  grade  in  which  the  vacancy  exists,  in  order  of 
seniority,  subject  to  the  required  examinations.  Temporary  appointments  can 
be  resorted  to  only  when  possibilities  of  promotions  by  seniority  have  been 
exhausted.     (War  Dept.  Bull.  72,  Dec.  24,  1917.) 


MILITARY   LAWS  OF   THE   UNITED  STATES,  1915.  149 

732b.  Same — Provision  as  to  age  limit  repealed. — So  much  qf  the 
Act  of  June  third,  nineteen  hundred  and  sixteen,  as  relates  to  the 
age  limit  for  eligibility  to  appointment  of  first  lieutenants  in  the 
Medical  Department  of  the  Army,  be,  and  the  same  is  hereby,  re- 
pealed.   Act  of  Aug.  29, 1916  {39  Stat.  6^0). 

732c.  Sa7ne — Age  limit  after  January  first,  nineteen  hundred  and 
eighteen. — After  January  first,  nineteen  hundred  and  eighteen,  the 
maximum  age  limit  for  eligibility  to  appointment  of  first  lieuten- 
ants in  the  Medical  Department  of  the  Army  shall  be  thirty-two 
years.     Id, 

DENTAL  SURGEONS. 

750a.  Rank,  pay,  allowances,  qualifications,  and  number  of. — The 

President  is  hereby  authorized  to  appoint  and  commission,  by  and 

with  the  advice  and  consent  of  the  Senate,  dental  surgeons,  who 

are  citizens  of  the  United  States  between  the  ages  of  twenty-one  and 

twenty-seven  years,  at  the  rate  of  one  for  each  one  thousand  enlisted 

men  of  the  line  of  the  Army.    Dental  surgeons  shall  have  the  rank, 

pay,  and  allowances  of  first  lieutenants  until  they  have  completed 

eight  years'  service.     Dental  surgeons  of  more  than  eight  but  less 

than  twenty-four  years'  service  shall,  subject  to  such  examination 

as  the  President  may  prescribe,  have  the  rank,  pay,  and  allowances 

of  captains.    Dental  surgeons  of  more  than  twenty-four  years'  service 

shall,  subject  to  such  examination  as  the  President  may  prescribe, 

have  the  rank,  pay,  amd  allowances  of  major.^    Sec.  10,  Act  of  June 

3,1916  {39  Stat.  173). 

(For  provisions  of  this  section  preceding  this  paragraph  see  paragraphs  728a, 
729a,  729b,  729c,  732a,  731a,  728b,  756a,  760a,  766a,  756b,  766c,  766d,  766e, 
766f,  766g,  765a,  765b.) 

^  Held,  tliat  the  provision  quoted  from  tlie  act  of  1911  was  not  repealed  by 
the  national  defense  act,  and  that  the  two  provisions  should  be  read  together; 
that  the  term  "years'  service"  as  used  in  the  act  of  June  3,  1916,  includes 
service  under  contract  as  well  as  service  under  commission,  and  is  limited  to 
service  as  a  dental  surgeon  under  contract  or  commission;  and  that  therefore, 
in  computing  under  said  law  the  length  of  service  of  dental  surgeons,  for  promo- 
tion and  other  purposes,  all  such  dental  surgeons  as  are  otherwise  eligible  and 
have  service  as  contract  dental  surgeons  or  acting  dental  surgeons  prior  to  June 
3,  1916,  shall  be  given  credit  for  the  length  of  their  service  as  such  contract 
dental  surgeons  or  acting  dental  surgeons,  in  addition  to  credit  for  service  as 
first  lieutenant  under  the  act  of  Mar.  3,  1911. 

(Comp.  Treas.,  July  22,  1916.     War  Dept.  Bull.  28,  Aug.  18,  1916.) 

Held,  that  this  provision  for  advancement  does  not  contemplate  that  it  shall 
be  by  way  of  a  new  appointment  and  commission,  as  only  the  one  office,  that  of 
dental  surgeon,  is  created,  and  that  increases  in  rank,  pay,  and  allowances 
come  by  operation  of  law  and  depend  exclusively  upon  length  of  service  and 
the  passing  of  required  examinations. 

Held  further,  that  dental  surgeons  are  entitled  to  the  benefits  of  section  32 
of  the  act  of  Feb.  2,  1901  (31  Stat.  756),  providing  that: 

"  When  the  exigencies  of  the  service  of  any  officer  who  would  be  entitled  to 
promotion  upon  examination  require  him  to  remain  absent  from  any  place 
where  an  examining  board  could  be  convened,  the  President  is  hereby  author- 
ized to  promote  such  officer,  subject  to  examination,  and  the  examination  shall 
take  place  as  soon  thereafter  as  practicable."  (War  Dept.  Bull.  47,  Nov. 
16,  1916.) 

While  the  Dental  Corps  is  included  in  the  Medical  Department  for  admiuis- 


150  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

750b.  &a7Yhe — Number  of  majors  limited  to  fifteen, — The  total  num- 
ber of  dental  surgeons  with  rank,  pay,  and  allowances  of  major  shall 
not  at  any  time  exceed  fifteen.     Id. 

750c.  &ame — Examination  for  pronhotion  same  as  for  officers  of 
Medical  Co7'ps. — All  laws  relating  to  the  examination  of  officers  of 
the  Medical  Corps  for  promotion  shall  be  applicable  to  dental  sur- 
geons.^    Id, 

( For  the  last  provision  of  this  section  see  paragi-aph  1279a. ) 

750d.  Composition^  appointments^  promotions^  rank^  V^V-)  cHIow- 
ances,  retirement  and  number  of  officers. — Hereafter  the  Dental 
Corps  of  the  Army  shall  consist  of  commissioned  officers  of  the  same 
grade  and  proportionally  distributed  among  such  gi'ades  as  are 
now  or  may  be  hereafter  provided  by  law  for  the  Medical  Corps,  who 
shall  have  the  rank,  pay,  promotion  and  allowances  of  officers  of 
corresponding  grades  in  the  Medical  Corps,  including  the  right  to 
retirement  as  in  the  case  of  other  officers,  and  there  shall  be  one 
dental  officer  for  every  thousand  of  the  total  strength  of  the  Regular 
Army  authorized  from  time  to  time  by  law. — Act  of  Oct.  6, 1917  {40 
JSfat.  397.) 

(For  the  preceding  provision  of  this  act  see  paragraph  729d,  ante.) 

75Ge.  Examining  and  reviewing  hoards — Composition. — Dental  ex- 
CFxamining  and  i-eview  boards  shall  consist  of  one  officer  of  the 
Medical  Corps  and  two  officers  of  the  Dental  Corps.     Id. 

750f.  Recommjhsion  of  surgeons  in  active  service. — Immediately 
following  the  approval  of  this  Act  all  dental  surgeons  then  in  active 
service  shall  be  recommissioned  in  the  Dental  Corps  in  the  grades 
herein  authorized  in  the  order  of  their  seniority  and  without  loss  of 
pay  or  allowances  or  of  relative  rank  in  the  Army.     Id, 

trative  purposes,  it  has  tn-clepenrlent  functions,  and  since  tlie  act  of  October  G, 
19.17  (40  Stat.  S97),  makes  tlie  personnel  of  that  corps  the  same  as  that 
<rf  the  Medical  Corps,  except  as  to  number  per  tliousaud,  the  Dental  Corps 
is  such  a  corps  as  should  form  the  basis  of  an  organization  in  the  Officers' 
Reserve  Corps.  Subsection  2  of  section  1  of  Special  Regulations  43,  War 
Department,^  1917,  may  properly  he  amended  so  as  to  authorize  the  coimnis- 
sioning  of  offi<-ers  in  the  Dental  Reserve  Corps  of  the  Medical  Department  with 
the  same  grades  and  ])er<rentageii  witliau  tlie  giMdes  as  are  i)ermitted  by  law  for 
the  Meilical  Officers'  Reserve  Corps.     (War  Dept.  Bull.  72,  Dec.  24,.  1917.) 

The  act  of  October  6,  1917,  repeals  section  10  of  the  act  of  June  3,  191G.  in 
so  far  as  it  requires  24  years'  service  as  a  qualification  for  major  in  tl«^  DtMital 
Corps  and  limits  the  number  of  majors  to  li>.  The  same  act  makes  first  lieii- 
ti«nauts  in  the  Medical  Corps  of  the  Regular  Army  an^l  National  Guartl  elij^ible 
t.t>  promotion  as  captains  upon  examination  prescribed  by  the  Secretary  of  War. 
The  Secretary  need  not  act  in  the  premises  unless  he  sa  desires.  (W^ar  Dept. 
Bull.  75,  Dec.  31,  1917.) 

^  Tlie  question  was  presented  as  to  the  proper  disposition  of  a  first  lieutenant. 
Dental  Corps,  who  appeared  before  an  examining  board  to  determine  his  fitness 
for  promotion  under  the  provisions  of  section  10  of  the  national-defense 
act  and  was  found  by  the  board  to  be  disqualified  both  physically  and  mentally. 

Held,  that  under  the  provision  of  said  section  which  makes  applicable  to  him 
"  all  laws  relating  to  the  examination  of  officers  of  the  Medical  Corps  for  promo- 
tion," he  is,  by  reason  of  having  failed  to  pass  his  physical  examination  for 
promotion,  entitled  to  be  retired  with  the  rank  of  captain.  (War  Dept.  Bull. 
18,  April  6,  1917.) 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  151 

750g.  Same— Confirmation  hy  Senate  prior  to  recom,missioning 
of. — No  dental  surgeon  shall  be  recommissioned  who  has  not  been 
confirmed  by  the  Senate.     Id. 

(For  the  last  provision  of  this  act  see  paragraph  1581a,  post) 

ENLISTED  TORCE. 

756a.  Composition  of. — ^The  enlisted  force  of  the  Medical  Depart- 
nient  shall  consist  of  the  following  personnel,  who  shall  not  be  in- 
cluded in  the  effective  strength  of  the  Army  nor  counted  as  a  part 
of  the  enlisted  force  provided  by  law:  Master  hospital  sergeants, 
lospital  sergeants,  sergeants  (first  class),  sergeants,  corporals,  cooks, 
hcrseshoers,  saddlers,  farriers,  mechanics,  privates  (first  class),  and 
privates.    Sec.  10,  Act  of  June  3, 1916  {39  Stat.  172). 

(For  provision  of  this  section  immediately  preceding  this  paragraph  see  para- 
graph 72Sb.  For  authorization  for  one  thousand  additional  sergeants  for  detail 
from  the  Infantry,  Cavalry,  Field  Artillery,  Corps  of  Engineers,  Coast  Artil- 
lery Corps,  Medical  Department,  and  Signal  Corps  of  the  Regular  Army,  with 
corresponding  organizations  of  the  National  Guard,  to  assist  in  the  instruction 
of  its  personnel  and  the  care  of  property ;  and  the  similar  detail  of  one  hundred 
additional  sergeants  with  the  disciplinary  organizations  at  the  United  States 
Disciplinary  Barracks,  see  paragraph  1332a.) 

756b.  Enlisted  men  in  Hospital  Corps  at  date  of  approval  of  Act 
transferred  to  conesponding  grades  in  Medical  Department. — The 
enlisted  men  of  the  Hospital  Corps  who  are  in  active  service  at  the 
time  of  the  approval  of  this  Act  are  hereby  transferred  to  the  cor- 
responding grades  of  the  Medical  Department  established  by  this 
Act.i    Id. 

(For  provisions  of  this  section  immediately  preceding  this  paragraph  see 
paragraphs  760a   and   766a.) 

760a.  Appointment  and  qualifications  of  master  hospital  ser- 
geants.— Master  hospital  sergeants  shall  be  appointed  by  the  Secre- 
tary of  War,  but  no  person  shall  be  appointed  master  hospital  ser- 
geant until  he  shall  have  passed  a  satisfactory  examination  under 
such  regulations  as  the  Secretary  of  War  may  prescribe  before  a 
board  of  one  or  more  medical  officers  as  to  his  qualifications  for  the 
position,  including  knowledge  of  pharmacy,  and  demonstrated  his 
fitness  therefor  by  service  of  not  less  than  twelve  months  as  hospital 
sergeant  or  sergeant,  first  class,  Medical  Department,  or  as  sergeant, 
first  class,  in  the  Hospital  Corps  now  established  by  law;  and  no 
person  shall  be  designated  for  such  examination  except  by  written 
authority  of  the  Surgeon  General.     Id. 

( For  provision  of  this  section  immediately  preceding  this  paragraph  see  para- 
graph 756a.) 

^  Held,  that  the  saving  clause  at  the  end  of  section  28,  national-defense  act, 
operates  to  continue  the  pay  of  the  grade  of  private.  Hospital  Corps,  for  the 
benefit  of  enlisted  men  during  the  remainder  of  their  enlistments  existing  June 
3,  1916,  and  that  tlierefore  the  soldier,  upon  his  reduction  to  the  grade  of 
private,  was  entitled  to  the  old  rate  of  $16  per  month.  (War  Dept.  Bull.  57, 
Dec.  22,  1916.) 


152  MILITARY   LAWS   OF   THE   UNITED   STATES^   1915. 

765a.  Privates^  first  class ^  eligible  for  ratings  for  additional  pay  as 

nurses  and  dispensary  or  surgical  assistants, — Privates,  first  class, 

of  the  Medical  Department  shall  be  eligible  for  ratings  for  additional 

pay  as  follows:  As  dispensary  assistant,  $2  a  month;  as  nurse,  $3  a 

month ;  as  surgical  assistant,  $5  a  month.     Id. 

(For  the  provisions  of  this  sections  immediately  preceding;  tliis  paragrnph  see 
paraj,'raphs  766a,  T56b,  766b,  766e,  766d,  766e,  766f,  and  766g.) 

765b.  Saine — No  man  shall  receive  more  than  one  7'ating  for  addi- 
tional pay. — No  enlisted  man  shall  receive  more  than  one  rating  for 
additional  pay  under  the  provisions  of  this  section,  nor  shall  any 
enlisted  man  receive  any  additional  pay  under  such  rating  unless  he 
shall  have  actually  performed  the  duties  for  which  he  shall  be 
rated.     Id.  173. 

766a.  Original  enlistments  to  he  in  grade  of  private  and  reenlist- 

ments,  transfers,  etc.,  to  he  under  prescribed  regulations. — Original 

enlistments  for  the  Medical  Department  shall  be  made  in  the  grade 

of  private,  and  reenlistments  and  promotions  of  enlisted  men  therein, 

except  as  hereinbefore  prescribed,  and  transfers  thereto  from  the 

enlisted  force  of  the  line  or  other  staff  departments  and  corps  of  the 

Army  shall  be  governed  by  such  regulations  as  the  Secretary  of  War 

may  prescribe.     Id^  172, 

(For  provision  of  this  section  immediately  preceding  this  paragraph,  see 
par.  760a.) 

766b.  Enlisted  men,  total  number  not  to  exceed  five  per  centum  of 
enlisted  strength  of  Army. — The  total  number  of  enlisted  men  in  the 
Medical  Department  shall  be  approximately  equal  to,  but  not  exceed, 
except  as  hereinafter  provided,  the  equivalciit  of  five  per  centum  of 
the  total  enlisted  strength  of  the  Army  authorized  from  time  to  time 
by  law.    Id. 

(For  provision  of  this  section  immediately  preceding  this  paragraph,  see 
par  756b.) 

766c.  Same — Additional  men  may  he  enlisted  in  time  of  actual  or 
threatened  hostilities. — In  time  of  actual  or  threatened  hostilities, 
the  Secretary  of  War  is  hereby  authorized  to  enlist  or  cause  to  be 
enlisted  in  the  Medical  Department  such  additional  number  of  men 
as  the  service  may  require.     Id. 

766d.  Number  of  master  hospital  sergeants,  hospital  sergeants,  ser- 
geants {first-class),  sergeants,  corporals,  and  coolcs. — The  number 
of  enlisted  men  in  each  of  the  several  grades  designated  below  shall 
not  exceed,  except  as  hereinafter  provided,  the  following  percentages 
of  the  total  authorized  enlisted  strength  of  the  Medical  Department, 
to  wit :  Master  hospital  sergeants,  one-half  of  one  per  centum ;  hos- 
pital sergeants,  one-half  of  one  per  centum;  sergeants,  first  class, 
seven  per  centum;  sergeants,  eleven  per  centum;  corporals,  five  per 
centum;  and  cooks,  six  per  centum.    Id, 


MILITARY   LAWS   OF   THE   UXITED   STATES,  1915.  153 

766e.  Nuniber  of  liorseshoers^  saddlers^  farriers^  and  Tnechanics. — 
The  number  of  horseshoers,  saddlers,  farriers,  and  mechanics  in  the 
Medical  Department  shall  not  exceed  one  each  to  each  authorized 
ambulance  company  or  like  organization.    Id, 

766f.  Number  of  first-class  privates  and  privates. — In  said  depart- 
ment the  number  of  privates,  first  class,  shall  not  exceed  twenty-five 
per  centum  of  the  number  of  privates.    Id. 

766g.  Upon  reduction  hy  law  of  authorized  enlisted  strength  of 
Army  no  promotion  of  noncommissioned  officers  will  he  made  until 
their  percentage  has  been  reduced  proportionally. — If  by  reason  of  a 
reduction  by  operation  of  law  in  the  authorized  enlisted  strength  of 
the  Army  aforesaid  the  number  of  noncommissioned  officers  of  any 
grade  in  the  Medical  Department  whose  w\arrants  were  issued  previ- 
ously to  such  reduction  shall  for  the  time  being  exceed  the  per- 
centage hereinabove  specified  for  such  grade,  no  promotion  to  such 
grade  shall  be  made  until  the  percentage  of  noncommissioned  officers 
therein  shall  have  been  reduced  below  that  authorized  for  such  grade 
on  the  basis  of  the  said  reduced  enlisted  strength,  nor  thereafter  so 
as  to  make  the  percentage  of  noncommissioned  officers  therein  in 
excess  of  the  percentage  authorized  on  the  basis  of  the  said  reduced 
enlisted  strength^  but  noncommissioned  officers  may  be  reenlisted 
in  the  grades  held  by  them  previously  to  such  reduction  regardless 
of  the  percentages  aforesaid;  and  when  under  this  provision  the 
number  of  noncommissioned  officers  of  any  grade  exceeds  the  per- 
centage specified,  any  noncommissioned  officer  thereof,  not  under 
charges,  may  be  discharged  on  his  own  application.     Id. 

770a.  Allowances  of  superintendent. — Hereafter  the  superintendent 
shall  receive  such  allowances  of  quarters,  subsistence,  and  medical 
care  during  illness  as  may  be  prescribed  in  regulations  by  the  Secre- 
tary of  War.     Act  of  Aug.  29,  1916  (39  Stat.  626). 

775a.  Sale  of  medical  sujyplies  to  American  Red  Cross. — Hereafter, 
with  the  approval  of  the  Secretary  of  War  and  at  rat^s  of  charge  of 
not  less  than  the  contract  prices  paid  therefor  plus  twenty-five  per 
centum  to  cover  the  cost  of  purchase,  inspection,  and  so  forth,  the 
Medical  Department  of  the  Army  may  sell  for  cash  to  the  American 
National  Eed  Cross  such  medical  supplies  and  equipments  as  can  be 
spared  without  detriment  to  the  military  service.  Act  of  Mar.  ^  1915 
{38  Stat.  1080). 

775b.  Loan  of  sanitary  equipment  of  Army  and  Navy  to  Ainerican 
Red  Cross. — The  Secretary  of  War  and  the  Secretary  of  the  Navy 
be,  and  are  hereby,  authorized  to  issue,  each  at  his  discretion  and 
under  proper  regulations  to  be  prescribed  by  him,  out  of  equipment 
for  medical  and  other  establishments  on  hand,  belonging  to  the  Gov- 
ernment and  which  can  be  temporarily  spared,  such  articles  as  may 
appear  to  be  required  for  instruction  and  practice  by  organizations 


154  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

formed  by  the  American  National  Red  Cross,  for  the  purpose  of 
rendering  aid  to  the  Army  and  Navy  in  war.  Joint  resolution  No, 
IS,  May  8, 19U  {38  Stat.  771). 

775c.  Same — Return  to  he  provided  for,  and  hond  to  he  required.-^ 
The  regulations  prescribed  by  the  Secretary  of  War  or  by  the  Secre- 
tary of  the  Navy,  in  pursuance  of  the  authority  granted  by  section 
one,  shall  provide  for  the  immediate  return  of  the  articles  of  equip- 
ment loaned  the  American  National  Red  Cross  when  called  for  by  the 
authority  which  issued  them;  and  the  said  Secretaries  shall  require 
a  bond  in  each  case,  in  double  the  value  of  the  property,  for  the 
cai-e  and  safe-keeping  thereof  and  for  the  return  of  the  same  when 
required.     Sec.  2,  Id. 

775d.  Same — Extended  for  instruction  of  persons  who  may  volvn- 
teer  for  training  within  certain  period. — The  pro-visions  of  section 
one  of  the  joint  resolution  approved  May  eighth,  nineteen  hundred 
and  fourteen,  authorizing  the  issue  of  military  and  naval  equipment 
to  the  American  National  Red  Cross  be,  and  they  are  hereby,  so  ex- 
tended as  to  permit  the  issue  of  the  same  to  the  American  National 
Red  Cross  for  the  instruction  of  persons  who  may  volunteer  to  re- 
ceive training  by  that  association  from  May  first  to  June  first,  nine- 
teen hundred  and  sixteen.  Joint  resolution  of  May  18,  1916  {39 
Stat.  16  J,). 

775e.  Sales  of  medical  supplies  to  civilian  employees. — Hereafter 
civilian  employees  of  the  Army  stationed  at  military  posts  may, 
under  regulations  to  be  made  by  the  Secretary  of  War,  purchase 
necessary  medical  supplies  when  prescribed  by  a  medical  officer  oi 
the  Army.     Act  of  Apr.  23,  190.1^  {33  Stat.  273) . 

775f.  Proceeds  of  sales  of  medical  and  hospital  supplies,  disposi- 
tion of. — Hereafter  all  moneys  arising  from  dispositions  of  service- 
able medical  and  hospital  supplies  authorized  by  law  and  regulation 
shall  constitute  one  fund  on  the  boolis  of  the  Treasury  Department, 
which  shaU  be  available  to  replace  medical  and  hospital  supplies 
throughout  the  fiscal  year  in  which  the  dispositions  were  effected  and 
throughout  the  following  fiscal  year.  Act  of  June  12, 1906  {3^  Stat, 
256). 

775g.  Settlement  of  a<Jcounts  hetween  other  bureaus  of  War  Depart' 
merht,  etc.,  and  Medical  Department. — Hereafter  in  the  settlement 
of  accounts  between  the  appropriations  of  the  Medical  Department 
and  those  of  any  other  branch  of  the  Army  service,  or  any  bureau 
or  office  of  the  War  Department,  or  any  other  executive  department 
or  establishment  of  the  Government,  payment  thereof  may  be  made 
by  the  proper  disbursing  officer  of  the  Medical  Department  or  of  the 
branch  of  the  Army  service,  office,  bureau,  department,  or  establish- 
ment concerned.    Act  of  Mar.  4^  1915  (38  Stat,  1080). 


MILITARY   LAWS  OF   THE   UNITED  STATES,  1915.  155 

776a.  Hospital  care  Canal  Zone  garrison;  rate  of  commutation  of 
rations  and  appropriation  from  which  payable. — For  paying  the 
Panama  Canal  such  reasonable  charges,  exclusive  of  subsistence,  as 
may  be  approved  by  the  Secretary  of  War  for  caring  in  its  hospitals 
for  officers,  enlisted  men,  military  prisoners,  and  civilian  employees 
of  the  Army  admitted  thereto  upon  the  request  of  proper  military 
authority:  Provided^  That  the  subsistence  of  the  said  patients,  ex- 
cept commissioned  officers  and  acting  dental  surgeons,  shall  be  paid 
to  said  hospitals  out  of  the  appropriation  for  subsistence  of  the  Army 
at  the  rates  provided  therein  for  commutation  of  rations  for  enlisted 
patients  in  general  hospitals.    Act  of  Mar.  4, 1915  {38  Stat.  1080). 

(For  similar  provision  in  deficiencies  Act,  see  Act  of  Mar,  4,  1915,  38  Stat. 
114.4). 

776b.  Same. — For  paying  the  Panama  Canal  such  reasonable 
charges,  exclusive  of  subsistence,  as  may  be  approved  by  the  Secre- 
tary^ of  War  for  caring  in  its  hospitals  for  officers,  enlisted  men, 
military  prisoners,  and  civilian  employees  of  the  Army  admitted 
thereto  upon  the  request  of  proper  military  authority:  Provided., 
That  the  subsistence  of  the  said  patients,  except  commissioned  officers 
and  acting  dental  surgeons,  shall  be  paid  to  said  hospitals  out  of  the 
appropriation  for  subsistence  of  the  Army  at  the  rates  provided 
therein  for  commutation  of  rations  for  enlisted  patients  in  general 
hospitals.     Act  of  Aug.  29,  1916  {39  Stat.  6^0). 

(For  similar  provision  see  act  of  May  12,  1917,  40  Stat.  61.)  -» 

776c.  Allowance  for  keeping  and  feeding  prisoners,  provision  re- 
stricting  amount  suspended. — That  portion  of  the  Act  making  appro- 
l)riations  for  the  Diplomatic  and  Consular  Service  for  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  eighteen,^  which  pro- 
vides "  that  no  more  than  50  cents  per  day  for  the  keeping  and  feed- 
ing of  each  prisoner  while  actually  confined  shall  be  allowed  or  paid 
for  any  such  keeping  and  feeding,"  shall  not  be  operative  during  the 
fiscal  year  nineteen  hundred  and  eighteen.  Act  of  Oct.  6,  1917  {JfO 
Stat.  346), 

776d.  Medical  care  and  treatment  in  private  hospitals  of  dfficers^ 
enlisted  men,  civilian  employees,  and  prisoners  of  war;  exceptions. — 
For  medical  care  and  treatment  not  otherwise  provided  for,  including 
care  and  subsistence  in  private  hospitals,  of  officers,  enlisted  men, 
and  civilian  employees  of  the  Arm.y,  of  applicants  for  enlistment, 
and  of  prisoners  of  war  and  other  persons  in  military  custody  or 
confinement,  when  entitled  thereto  by  law,  regulation,  or  contract: 
Provided,  That  this  shall  not  apply  to  officers  and  enlisted  men  who 
are  treated  in  private  hospitals  or  by  civilian  physicians  while  on 
furlough.     Act  of  May  12,  1917  {hO  ^Stat.  60). 

*  See  39  Stat.  1058. 


156 

783a.  Application  for  trusses. — Application  for  such  truss  shall 
be  made  by  the  ruptured  soldier  to  an  examining  surgeon  for  pen- 
sions, whose  duty  it  shall  be  to  examine  the  applicant,  and  when 
found  to  have  a  rupture  or  hernia  to  prepare  and  forward  to  the 
Surgeon  General  an  application  for  such  truss  without  charge  to 
the  soldier.    Sec,  1117,' R.  S, 

783b.  Purchase  of  trusses. — The  Surgeon  General  is  authorized  and 
directed  to  purchase  the  trusses  required  for  such  soldiers  at  whole- 
sale prices,  and  the  cost  of  the  same  shall  be  paid  upon  the  requisition 
of  the  Suregon  General  out  of  any  moneys  in  the  Treasury  not  other- 
wise ax)propriated.    Sec,  1178^  R,  S, 


CHAPTER   XX. 


THE  CORPS  OF  ENGINEERS. 


The  Corps  of  Engineers 784a- 

Composition  of 

Vacancies,  appointment  to,  un- 
der existing  law;  officers  of 
Army  or  Navy  may  become 
candidates  for  appointment  to, 
without  vacating  tlieir  com- 
missions  

Regimental  organization 

Battalion  and  company  organi- 
zations   

Same — President  may  increase 
regimental,      battalion,      and 

company  organizations 

Same — Battalion  and  company 
organizations  of  mounted  En- 
gineers  

Same — President  may  increase 
battalion  and  company  organi- 
zations of  mounted  Engineers- 
Detail  of  officers  from  Corps  of 
Engineers  for  command  of 
regiments,  battalions,  and 
companies 


Par. 
792a 
784a 


7SGa 
790a 

790b 


i90c 


790d 


r90e 


roof 


Par. 

Part  of  line  of  Army 791a 

Band — Composition  of 792a 

Lands  for  military  purposes  802a-802d 

Condemnation  proceedings 802a 

Same — Purchase  of  at  an  agreed 

price 802b 

Same — Acceptance   of   donation 

of  lands 802c 

Same — Examination  of  title, 
etc.,      prior      to      possession 

waived  in  time  of  war 

Per  diem  rate  of  $4  per  day  in 
lieu  of  susbsistence  for  per- 
sons traveling  outside  District 
of  Columbia,  etc.,  whose  ex- 
penses are  chargeable  to  Army 

appropriation  act 

Military  surveys  and  maps,  as- 
sistance of  United  States  Geo- 
logical Survey,  Coast  and  Geo- 
detic Survey,  etc.,  in  makings    808b 


802d 


808a 


784a.  Composition  of. — The  Corps  of  Engineers  shall  consist  of 
one  Chief  of  Engineers,  with  the  rank  of  brigadier  general  ;^  twenty- 
three  colonels;  thirty  lieutenant  colonels;  seventy-two  majors;  one 
hundred  and  lifty-two  captains;  one  hundred  and  forty-eight  first 
lieutenants;  seventy-nine  second  lieutenants;  and  the  enlisted  men 
hereinafter  enumerated.  The  Engineer  troops  of  the  Corps  of  Engi- 
neers shall  consist  of  one  band,  seven  regiments,  and  two  mounted 
battalions.     Sec.  11,  Act  of  June  S,  1916  {S9  Stat.  173), 

(For  authorization  for  1,000  additional  sergeants  for  detail  from  the  Infantry, 
Cavalry,  Field  Artillery,  Corps  of  Engineers,  Coast  Artillery  Corps.  Medical 
Department,  and  Signal  Corps  of  the  Regular  Army,  with  corresponding  organ- 
izsitions  of  the  National  Guard,  to  assist  in  the  instruction  of  its  personnel  and 
the  care  of  property,  and  the  similar  detail  of  100  additional  sergeants  with 
the  disciplinary  organizations  at  the  United  States  disciplinary  barracks,  see 
paragraph  1332a.) 

786a.  Vacancies,  appointment  to,  under  existing  law;  officers  of 

Army  or  Navy  may  hecome  candidates  for  appointment  to,  without 

^  For  provision  in  section  3.  act  of  October  G,  1017,  giving  the  Chief  of  Engi- 
neers the  rank,  pay,  and  allowances  of  major  general  see  paragraph  373a,  ante. 

157 


158  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

vacating  their  commissions. — Appointments  to  the  grade  of  second 
lieutenant  in  the  Corps  of  Engineers,  including  those  created  by  this 
Act,  shall  continue  to  be  made  as  now  provided  by  law,  but  that 
officers  of  the  Army  or  Navy  of  the  United  States  may  become  candi- 
dates for  said  appointments  under  the  provisions  of  section  five  of 
the  Act  of  Congress  approved  February  twenty-seventh,  nineteen 
hundred  and  eleven,^  without  previously  vacating  their  commissions 
as  officers,  and  that  the  Secretary  of  War  may,  in  his  discretion, 
allow  persons  to  become  candidates  without  previously  establishing 
eligibility  for  appointment  as  junior  engineer  under  the  Engineer 
Bureau  of  the  War  Department.     Sec.  2Jf^  Id.  183. 

(For  the  provisions  of  this  section  preceding  this  paragraph,  see  paragraphs 
331b,  331c,  331(1,  331e,  and  331f,  and  for  the  provision  innnediately  following, 
see  paragraph  331g.) 

790a.  Regimental  organization. — Each  regiment  of  Engineers  shall 
consist  of  one  colonel;  one  lieutenant  colonel;  two  majors;  eleven 
captains ;  twelve  first  lieutenants ;  six  second  lieutenants ;  two  master 
engineers,  senior  grade;  one  regimental  sergeant  major;  two  regi- 
mental supply  sergeants;  two  color  sergeants;  one  sergeant  bugler; 
one  cook;  one  wagoner  for  each  authorized  wagon  of  the  field  and 
combat  train,  and.  two  battalions.  Sec.  11,  Id.  172. 
(For  preceding  provision  of  this  section  see  paragraph  784a.) 
790b.  Battalion  and  company  org anixaf ions. — Each  battalion  of  a 
regiment  of  Engineers  shall  consist  of  one  major;  one  captain;  one 
battalion  sergeant  major;  three  master  engineers,  junior  grade;  and 
three  companies.  Each  Engineer  company  (regimental)  shall  consist 
of  one  captain;  two  first  lieutenants;  one  second  lieutenant;  one  first 
sergeant;  three  sergeants,  first  class;  one  mess  sergeant;  one  supply 
sergeant;  one  stable  sergeant;  six  sergeants;  twelve  corporals;  one 
horseshoer ;  two  buglers ;  one  saddler ;  two  cooks ;  nineteen  privates, 
first  class;  and  fifty-nine  privates.^    Id. 

*  See  paragraph  785,  ante. 

'A  company  commander  of  Engineers  inciuired  whether  he  was  correct  in 
placing  on  the  rolls  as  privates  the  names  of  reservists  recalled  to  the  colors 
for  active  duty  and  assigned  to  his  company,  when  snch  reservists  had  been 
furloughed  as  first-class  privates,  or  if  he  should  have  carried  them  as  attached 
privates,  first  class,  and  assigned  them  to  the  first  vacancies  in  that  grade. 
His  doubt  was  due  to  the  fact  that  section  11  of  the  national-defense  act  of 
June  3,  1916,  specifies  as  a  component  part  of  an  P^ngineer  company,  first-class 
privates  and  privates,  whereas  the  old  law  (sec.  11  of  the  act  of  Feb.  2,  1901) 
prescribed  first-class  privates  and  second-class  privates. 

Held,  that  it  evidently  was  not  the  intention  of  Congress  by  the  change  in  the 
designation  of  the  two  grades  mentioned  to  abolish  the  old  grades  and  create 
new  ones,  since  the  pay  remains  the  same,  and  section  28  of  the  national-defense 
act,  which  declares  that  "  hereafter  the  monthly  pay  of  men  of  certain  gi-ades 
of  the  Army  created  in  this  act  shall  be  as  follows,  namely,"  does  not  include 
the  grade  of  private,  first  class.  Engineer  Corps,  nor  private,  Engineer  Corps, 
and  that  therefore  the  reservists  referred  to  by  the  company  commander  should 
have  been  carried  on  the  rolls  as  privates,  first  class.  Engineer  Corps,  and  paid 
as  such,  in  accordance  with  the  provisions  of  paragraph  86  of  the  Regulations 
for  the  Regular  Army  Reserve,  1916.     (War  Dept.  Bull.  26,  May  7,  1917.) 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  159 

790c.  Same — President  may  increase  regimental^  battalion^  and 
company  organizations. — The  President  may,  in  his  discretion,  in- 
crease a  regiment  of  Engineers  by  two  master  engineers,  senior  grade, 
and  two  sergeants ;  each  battalion  of  a  regiment  of  Engineers  by  three 
master  engineers,  junior  grade;  and  each  Engineer  company  (regi- 
mental) by  two  sergeants,  six  corporals,  one  cook,  twelve  privates, 
first  class,  and  thirty-four  privates.    Id. 

(For  the  ensuing  provision  of  this  section  see  paragraph  792a.) 

790d.  Same — Battalion  and  company  organizations  of  mounted 
Engineers. — Each  battalion  of  mounted  Engineers  shall  consist  of  one 
major;  five  captains;  seven  first  lieutenants;  three  second  lieutenants; 
one  master  engineer,  senior  grade;  one  battalion  sergeant  major;  one 
battalion  supply  sergeant;  three  master  engineers,  junior  grade; 
one  corporal ;  one  wagoner  for  each  authorized  wagon  of  the  field  and 
combat  train;  and  three  mounted  companies.  Each  mounted  Engi- 
neer company  shall  consist  of  one  captain;  two  first  lieutenants;  one 
second  lieutenant;  one  first  sergeant;  two  sergeants,  first  class;  one 
mess  sergeant;  one  supply  sergeant;  one  stable  sergeant;  four  ser- 
geants; eight  corporals;  two  horseshoers;  one  saddler;  two  cooks; 
two  buglers;  twelve  privates,  first  class;  and  thirty-seven  privates. 
Id.  17k. 

(For  the  provisions  of  this  section  immediately  preceding  this  paragraph,  see 
paragraph  792a.) 

790e.  Same — President  may  increase  hattalion  and  company  or- 
ganizations of  mounted  Engineei^s. — The  President  may,  in  his  dis- 
cretion, increase  the  battalions  of  mounted  Engineers  by  one  master 
engineer,  senior  grade;  two  sergeants;  and  three  master  engineers, 
junior  grade ;  and  a  mounted  Engineer  company  by  two  sergeants ; 
three  corporals;  eight  privates,  first  class;  and  twenty-four  priv- 
ates.   Id. 

790f.  Detail  of  officers  from  Corps  of  Engineers  for  coTnmand  of 
regiments^  haitalions^  and  companies. — Appropriate  officers  to  com- 
mand the  regiments,  battalions,  and  companies  herein  authorized  and 
for  duty  with  and  as  staff  officers  of  such  organizations  shall  be  de- 
tailed from  the  Corps  of  Engineers,  and  shall  not  be  in  excess  of  the 
numbers  in  each  grade  enumerated  in  this  section.    Id. 

791a.  Part  of  line  of  Army. — The  enlisted  force  of  the  Corps  of 
Engineers  and  the  officers  serving  therewith  shall  constitute  a  part 
of  the  line  of  the  Army.    Id. 

792a.  Band.,  compositio'h  of. — The  Engineer  band  shall  consist  of 
one  band  leader;  one  assistant  band  leader;  one  first  sergeant;  two 
band  sergeants ;  four  band  corporals ;  two  musicians,  first  class ;  four 
musicians,  second  class;  thirteen  musicians,  third  class;  and  two 
cooks.    Id. 

( For  provisions  of  this  section  preceding  this  paragraph,  see  paragraphs  784a, 
790a,  790b,  and  790c,  and  for  the  provisions  following  it  see  paragraphs  790d, 
790e,  790f,  and  791a. 


160  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

LAKDS  FOR  MILITARY  PURPOSES. 

802a.  Condemnation  ^proceedings. — Hereafter  the  Secretary  of 
War  may  cause  proceedings  to  be  instituted  in  the  name  of  the 
United  States,  in  any  court  having  jurisdiction  of  such  proceedings 
for  the  acquirement,  by  condemnation  of  any  land,  temporary  use 
thereof  or  other  interest  therein,  or  right  pertaining  thereto,  needed 
for  the  site,  location,  construction,  or  prosecution  of  works  for  forti- 
fications, coast  defenses,  and  military  training  camps,  such  proceed- 
ings to  be  prosecuted  in  accordance  with  the  laws  relating  to  suits 
for  the  condemnation  of  property  of  the  States  wherein  the  proceed- 
ings may  be  instituted.^    Act  of  July  2^  1917  (40  Stat,  241). 

(See  also  paragraphs  1274k-1274p,  post.) 

802b.  /Sam^ — Purchase  of  at  an  agreed  price. — When  the  owner  of 
such  land,  interest  or  rights  pertaining  thereto  shall  fix  a  price  for 
the  same,  which,  in  the  opinion  of  the  Secretary  of  War,  shall  be 
reasonable,  he  may  purchase  or  enter  into  a  contract  for  the  use  of 
the  same  at  such  price  without  further  delay.    Id. 

802c.  Same — Acceptance  of  donation  of  lands. — The  Secretary  of 
War  is  hereby  authorized  to  accept  on  behalf  of  the  United  States 
donations  of  land  and  the  interest  and  rights  pertaining  thereto 
required  for  the  above-mentioned  purposes.     Id. 

802d.  Same — Examination  of  title.,  etc.,  frior  to  possession  waived 
in  time  of  war. — When  such  property  is  acquired  in  time  of  war  or 
the  imminence  thereof  upon  the  filing  of  the  petition  for  the  con- 
demnation of  any  land,  temporary  use  thereof  or  other  interest 
therein  or  right  pertaining  thereto  to  be  acquired  for  any  of  the 
purposes  aforesaid,  immediate  possession  thereof  may  be  taken  to  the 
extent  of  the  interest  to  be  acquired  and  the  lands  may  be  occupied 
and  used  for  military  purposes,  and  the  provision  of  section  three 
hundred  and  fifty-five  ^  of  the  Revised  Statutes,  providing  that  no 
public  money  shall  be  expended  upon  such  land  until  the  written 
opinion  of  the  Attorne}^  General  shall  be  had  in  favor  of  the  validity 
of  the  title,  nor  until  the  consent  of  the  legislature  of  the  State  in 
which  the  land  is  located  has  been  given,  shall  be,  and  the  same  are 
hereby,  suspended  during  the  period  of  the  existing  emergency.     Id. 

(See  also  paragraphs  1274o  and  1274p,  post.) 

*  Authority  "  for  the  acquirement  by  condemnation  of  any  land,  temporary 
use  thereof,  or  other  interest  therein,  or  right  pertaining  thereto,  needed  for 
the  site,  location,  construction,  or  prosecution  of  worlcs  for  fortifications,  coast 
defenses,  and  military  training  camps,"  is  found  in  the  act  of  July  2,  1917  (40 
Stat.  241).  When  land  is  to  be  acquired  for  purposes  other  tlian  those  above 
specified,  authority  for  their  acquisition  must  be  sought  elsewliere,  e.  g.,  the 
Signal  Corps,  act  of  July  24,  1917  (40  Stat.  243)  ;  the  act  of  October  G,  1917 
(40  Stat.  345),  and  the  act  of  August  1,  1888  (25  Stat.  357).  (Dig.  Opin. 
J.  A.  G.,  February,  1018.) 

'  See  paragraph  258,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  161 

808a.  Per  diem  rate  of  $1^.  per  day  in  lieu  of  subsistence  for  persons 
traveling  outside  District  of  C olurribia^  etc.^  whose  expenses  are 
chargeable  to  Army^  appropriation  Act. — ^Where  the  expenses  of 
persons  engaged  in  field  work  or  traveling  on  official  business  out- 
side of  the  District  of  Columbia  and  away  from  their  designated 
posts  of  duty  are  chargeable  to  appropriations  of  the  Engineer  De- 
partment contained  in  the  Army  appropriation  Act  for  the  fiscal 
year  nineteen  hundred  and  seventeen,  a  per  diem  rate  of  $4  may  be 
allowed  in  lieu  of  subsistence.    Act  of  Atig.  29,  1916  (39  Stat.  6Jf2). 

808b.  Military  surveys  and  maps,  assistance  of  United  States 
Geological  Survey,  Coast  and  Geodetic  Survey,  etc.,  in  making. — The 
Secretary  of  War  is  authorized  to  secure  the  assistance,  wherever 
jjracticable,  of  the  United  States  Geological  Survey,  the  Coast  and 
Geodetic  Survey,  or  other  mapping  agencies  of  the  Government  in 
this  work  ^  and  to  allot  funds  therefor  to  them  from  this  appropria- 
tion.   Act  of  Oct.  6, 1917  {iO  Stat.  365). 

^  The  execution  of  topographic  or  other  surveys,  the  securing  of  such  extra 
topograpJiic  data  as  may  be  required,  and  the  preparation  and  printing  oi  maps 
required  for  military  purposes. 

54208°— 18 11 


CHAPTER  XXL 


THE  ORDNANCE  DEPAKTMENT— AEMORIES  AND  ARSE- 
NALS—BOAKD  OF  ORDNANCE  AND  FORTIFICATION. 


Par. 
The  Ordnance  Department-  8G9a-825b 

Composition   of 809a 

Same — Immediate   increase   au- 

tliorlzed 809b 

Details 812a 

Detail  of  majcws  for  duty  in 813a 

Detail  of  not  to  exceed  30  stu- 
dent officers  in  establishments 
of  tiie  Ordnance  Department-    813b 

Ordnance  sei'geants,  qualifica- 
tions  and   appointment 820a 

Chief  of  Ordnance  member  of 
commission  on  manufacture  of 
Oovernment  articles  by  prison- 
ers at  United  States  peniten- 
tiaries     822a 

Public  quarters — Occupancy  by 
Ordnance  officer  of  brick 
house  at  proving  ground  not 
©ceupancy  of 825a 

Same — Per  diem  expenses  of 
officers   not   occupying 825b 

Ammunition,  etc.,  for  small- 
arms  target  practice,  instruc- 
tion of  civilians,  etc 8ola 

Officers  of  Ordnance  Department 
accountable  for  public  moneys 
may  designate  other  officers 
to  disburse  same;  account- 
ability  for 832a 

Sale  of  ordnance  and  ordnance 
stores  to  Government  of 
Culm 844a 


I'ar. 


Condemned  cannon,  etc.,  do- 
nated to  patriotic  organiza- 
tions, etc.,  Government  not  to 
transport,  and  to  remain  sub- 
ject to  orders  of  Secretary  of 

War 

Same 

Additional  compensation  for 
master  armorer  at  Springfield 

Armory 

Ilepeal  of  provision  few  monthly 

pay 

Certain     appropriations     avail- 
able for  allowance  in  lieu  of 
substance   for   civilians   trav- 
eling outside  of  the  District- 
Same 

Salaries;  of  clerks  at  Springfield 

Armory 

Leaves  of  absence  to  all  em- 
ployees  

Same — Pro  rata  leave 

Same — Discretion    as    to    time 

when  can  be  allowed 

Same — Total  annual  leave  with 

pay 

Same — Sick  leave  and  holidays 

not  affected 

Accrued  leaves  of  absence  to 
civilian  employees  of  Ord- 
nance    Department     serving 

abroad  

Taylor  system — No  salary  to  be 
paid    (rfficer,    superintendent, 

manager,  or  foremen  using 

Same 

16S 


849a 
849b 


^54a 
S54b 


857a 
857b 

857c 

857d 
857e 

857f 

857g 

857U 


8571 


864a 
864b 


164  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

THE  ORDNANCE  DEPARTMENT. 

809a.  Composition  of. — The  Ordnance  Department  shall  consist 
of  one  Chief  of  Ordnance,  with  the  rank  of  brigadier  general;*  ten 
colonels;  fifteen  lieutenant  colonels;  thirty-two  majors;  forty-two 
captains ;  forty-two  first  lieutenants ;  the  ordnance  sergeants,  as  now 
authorized  by  law,  and  such  other  enlisted  men  of  grades  now  au- 
thorized by  law  as  the  President  may  direct.  Sec.  12^  Act  of  June 
8,1916  {39  Stat.  17^). 

(For  the  ensuing  provision  of  this  section  see  paragraph  820a.) 

809b.  Same — Immediate  increase  authorized. — Section  twenty- 
four  of  the  national-defense  Act  approved  June  third,  nineteen  hun- 
dred and  sixteen,  is  so  amended  as  to  authorize  the  President  to 
organize  immediately  the  whole  of  the  increase  in  the  Ordnance 
Department  authorized  by  section  twelve  of  said  Act,  or  such  part 
thereof  as  he  may  deem  necessary.  Act  of  May  12,  1917  {JfO  Stat. 
47) ,  amending  Sec.  2Jf,  Act  of  June  3, 1916  {39  Stat.  182) . 

812a.  Details. — Vacancies  which  may  occur  in  the  commissioned 
personnel  of  the  Ordnance  Department  shall  be  subject  to  the  pro- 
visions of  sections  twenty-six  and  twenty-seven  of  the  Act  approved 
February  second,  nineteen  hundred  and  one,  the  Acts  approved 
June  twenty-fifth,  nineteen  hundred  and  six,  and  February  twenty- 
fourth,  nineteen  hundred  and  fifteen,  and  Acts  amendatory  thereof 
relating  to  the  Ordnance  Department.  Sec.  12,  Act  of  June  3,  1916 
{39  Stat.  17k). 

(For  the  provision  of  tliis  section  immediately  preceding  this  paragraph  see 
paragraph  820a,  and  for  the  ensuing  provision  of  the  section  see  paragraph 
813b.) 

813a.  Detail  of  mxijors  for  duty  in. — Majors  may  be  detailed  in 
the  Ordnance  Department,  under  section  twenty-six  of  the  Act 
approved  February  second,  nineteen  hundred  and  one,  and  Acts 
amendatory  thereof .^  without  a  compulsory  period  of  service  out  of 
that  department.    Act  of  Feh.  2Jf,  1915  {38  Stat.  812). 

813b.  Detail  of  not  to  exceed  thirty  student  officers  in  establish- 
ments of  the  Ordnance  Department. — Hereafter  the  Secretary  of 
War  is  authorized  to  detail  not  to  exceed  thirty  lieutenants  from  the 
Army  at  large  for  duty  as  student  officers  in  the  establishments  of 
the  Ordnance  Department  for  a  period  of  two  years;  and  the  com- 
pletion of  the  prescribed  course  of  instruction  shall  constitute  the 
examination  for  detail  in  the  Ordnance  Department.  Sec.  12,  Act 
of  June  3, 1916  {39  Stat.  17 i). 

(For  provisions  of  this  section  preceding  this  paragraph  see  paragraphs  809a, 
820a,  and  812a.) 

*For  provision  in  section  3,  act  of  October  6,  1917,  giving  the  Chief  of  Ord- 
nance the  rank,  pay,  and  allowance  of  major  general,  see  paragraph  373a,  ante. 
"  See  pars,  373-385,  ante. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  165 

820a.  Ordnance  sergeants^  qualifications  and  appointment. — Ord- 
nance sergeants  shall  be  selected  by  the  Secretary  of  War  from  the 
sergeants  of  the  line  or  Ordnance  Department  who  shall  have  served 
faithfully  for  eight  years,  including  four  years  in  the  grade  of  non- 
commissioned officers.    Id, 

(For  the  provision  of  this  section  preceding  this  paragraph  see  paragraph 
809a,  and  for  ensuing  provision  see  puragrapli  812a.) 

822a.  Chief  of  Ordnance  member  of  commission  on  manufacture  of 
Government  articles  hy  prisoners  at  United  States  penitentiaries.-^ 
There  is  created  a  commission,  to  be  composed  of  the  Chief  of  Ord- 
nance of  the  United  States  Army,  the  Chief  of  Ordnance  of  the 
United  States  Nav}^,  the  superintendent  of  prisons  of  the  Depart- 
ment of  Justice,  and  the  purchasing  agent  of  the  Post  Office  Depart- 
ment, who  shall  serve  without  additional  compensation  and  who 
shall  report  to  Congress  not  later  than  the  first  Monday  in  Decem- 
ber, nineteen  hundred  and  sixteen,  detailed  estimates  and  plans  for 
equipping  the  United  States  penitentiaries  for  the  manufacture,  by 
the  prisoners,  of  various  articles  used  by  the  Government.  Such 
report  shall  indicate  what  articles  it  is  thought  desirable  to  be  so 
manufactured;  the  cost  of  equipping  existing  buildings  and  the 
erection  and  equipping  of  any  other  necessary  buildings;  the  prob- 
able cost  of  manufacture  of  such  articles  and  the  price  now  paid 
under  contract ;  and  such  other  data  as  may  be  pertinent  to  the  gen- 
eral inquiry.  For  expenses  of  the  commission,  to  be  paid  on  vouch- 
ers to  be  approved  by  the  chairman,  who  shall  be  selected  by  the 
members  thereof,  $5,000.    Act  of  Sept.  8, 1916  {39  Stat.  819). 

825a.  Puhlic  quarters — Occupancy  hy  ordnance  officer  of  'brick 
house  at  proving  ground  not  occupancy  of. — Hereafter  the  occu- 
pancy by  such  officers,  providing  themselves  with  quarters  elsewhere, 
of  one  room  in  the  building  at  the  proving  ground  locally  known  as 
the  brick  house,  shall  not  be  construed  as  occupancy  of  public  quar- 
ters within  the  meaning  of  this  Act  and  of  the  law  authorizing  allow- 
ance and  commutation  of  quarters.  Act  of  Mar,  S,  1915  {38  Stat, 
889). 

825b.  Same — Per  diem  expenses  of  officers  not  occupying. — For 
necessary  expenses  of  officers  not  occupying  public  quarters  at  the 
proving  ground  Avhile  employed  on  ordnance  duty  thereat,  at  the  rate 
of  $2,50  per  diem  while  so  employed.    Id. 

831a.  Ammunition^  etc.^  for  small-arms  target  practice^  instruction 
of  civilians,  etc. — For  manufacture  and  purchase  of  ammunition, 
targets,  and  other  accessories  for  small-arms,  hand,  and  machine-gun 
target  practice  and  instruction ;  marksmen's  medals,  prize  arms,  and 
insignia  for  all  arms  of  the  service ;  and  ammunition,  targets,  target 
materials,  and  other  accessories  may  be  issued  for  small-arms  target 
practice  and  instruction  of  able-bodied  males  capable  of  bearing  arms 


166  MILITAEY   LAWS   OF   THE   UNITED   STATES,  1915. 

and  at  the  educational  institutions  and  State  soldiers'  and  sailors' 
orphans'  homes  to  which  issues  of  small  arms  are  lawfully  made, 
under  such  regulations  as  the  Secretary  of  War  may  prescribe,  pro'- 
vided  the  total  value  of  the  stores  so  issued  to  the  educational  insti- 
tutions and  homes  does  not  exceed  $30,000,  $3,000,000. 

Provided^  That  not  more  than  $1,500,000  of  this  appropriation 
may  be  used  for  the  purchase  of  articles  not  manufactured  by  the 
Government  and  necessary  for  small- arms  target  practice.  Act  of 
Avg.  29, 1916  {39  Stat.,  6i3), 

8S2a.  Officers  of  Ordnance  Department  accountable  for  public 
moneys  may  designate  other  officers  to  disburse  same,  accountability 
for, — During  the  present  emergency,  under  such  regulations  as  may 
be  prescribed  by  the  Secretary  of  War,  officers  of  the  Ordnance  De- 
partment accountable  for  public  moneys  may  intrust  moneys  to  other 
officers  for  the  purpose  of  having  them  make  disbursements  as  their 
agents,  and  the  officers  to  whom  the  money  is  intrusted,  as  well  as 
the  officers  who  intrust  it  to  them,  shall  be  held  pecuniarily  responsi- 
ble therefor  to  the  United  States.     Act  of  Oct.  6, 1917  (40  Stat.  367). 

844a.  Sal€  of  ordnance  and  ordnance  stores  to  Government  of 
Cuba. — The  Secretary  of  W^ar  is  hereby  authorized  to  sell,  at  the 
prices  fixed  and  published  by  the  Chief  of  Ordnance,  to  the  Govern- 
ment of  Cuba  such  articles  and  quantities  of  ordnance  and  ordnance 
stores  as  may  be  desired  by  that  Government  for  the  equipment  of  its 
troops  and  as  may  be  approved  by  the  President  of  the  United 
States.     Act  of  Aug.  20, 1916  {39  Stat.  643). 

849a.  Condemned  cannon,  etc.,  donated  to  patriotic  organizations, 
etc.,  Government  not  to  transport,  and  to  remain  subject  to  orders  of 
Secretary  of  War. — No  expense  shall  be  incurred  by  the  United 
States  through  the  delivery  of  any  of  the  foregoing  condemned  mili- 
tary equipment:  A7id  provided  further.  That  each  and  every  article 
of  condemned  military  equipment  covered  by  this  Act  shall  be  sub- 
ject at  all  times  to  the  order  of  the  Secretary  of  War.  Act  of  Mar.  4, 
1915   {38  Stat.  1212). 

849b.  Same. — No  expense  shall  be  incurred  by  the  United  States 
through  the  delivery  of  any  of  the  foregoing  condemned  military 
equipment:  Provided  further,  That  each  and  every  article  of  con- 
demned military  equipment  covered  b}^  this  Act  shall  be  subject  at 
all  times  to  the  order  of  the  Secretary  of  War.  Act  of  Sept.  8, 1916 
{39  Stat.  843). 

854a.  Additional  compensation  for  master  armorer  at  Springfeld 
Armory. — In  addition  to  the  compensation  now  allowed  and  paid 
to  the  master  armorer  at  the  national  armory  in  Springfield,  Massa- 
chusetts, there  shall  be  paid  to  him,  from  and  after  the  passage 
of  this  Act,  further  compensation  at  the  rate  of  one  thousand  dol- 
lars per  annum  during  such  time  as  he  shall  perform  the  duties  of 


MILJTAEY   LAWS   OF   THE   UNITED   STATES,   1915.  167 

master  machinist  at  said  armory  in  addition  to  those  of  master 
armorer.    Act  of  Aug.  5,  1882  {22  Stat.  299), 

854b.  Repeal  of  provision  for  montJdy  pay. — The  following  pro- 
vision contained  in  the  Act  approved  April  twenty-third,  nineteen 
hundred  and  four,  "  Hereafter  all  employees  of  the  Ordnance  De- 
partment whose  compensation  is  annual  shall  be  paid  monthly,''  is 
hereby  repealed.^     Act  of  May  12,  1917  {W  Stat.  7^). 

857a.  Certain  appropriations  avaiMhle  for  allowance  in  lieu  of  sub- 
sistence for  civilians  traveling  outside  of  the  District. — ^The  appro- 
priations hereinbefore  made  under  the  heading  "  Ordnance  Depart- 
ment"  shall  be  available  for  the  payment  of  an  allowance  not  to 
exceed  $4  per  day  in  lieu  of  subsistence  to  civilian  employees  of 
the  Ordnance  Department  traveling  on  official  business  outside  ot 
the  District  of  Columbia  and  away  from  their  designated  posts  of 
duty.    Act  of  Mar.  4, 1915  {38  Stat.  1081) 

867b.  Same. — The  appropriations  hereinbefore  made  under  the 
heading  "Ordnance  Department"  shall  be  available  for  the  pay- 
ment of  an  allowance  not  to  exceed  $4  per  day  in  lieu  of  subsistence 
to  civilian  employees  of  the  Ordnance  Department  traveling  on 
official  business  outside  of  the  District  of  Columbia  and  away  from 
tlieir  designated  posts  of  duty.    Act  of  Aug.  29, 1916  {39  Stat.  GU)- 

857c.  Salaries  of  clerks  at  Springfield  Armory. — On  and  after  the 
passage  of  this  act,  in  lieu  of  compensation  now  allowed  to  the 
clerks  at  the  United  States  armory  in  Springfield,  Massachusetts, 
including  fuel  and  quarters,  there  shall  be  paid  to  each  of  said  clerks 
an  annual  salary  of  one  thousand  six  hundred  and  fifty  dollars. 
Act  of  June  23,  187 Jf  {18  Stat.  282). 

857d.  Leaves  of  ahsence  to  all  employees. — Each  and  every  em- 
ployee of  the  navy  yards,  gun  factories,  naval  stations,  and  arsenals 
of  the  United  States  Government  is  hereby  granted  thirty  days'  leave 
of  absence  each  year,  without  forfeiture  of  pay  during  such  leave. 
Act  of  Aug.  29, 1916  {39  Stat.  617). 

857e.  Same — Pro  rata  leave. — It  shall  be  lawfid  to  allow  pro  rata 
leave  only  to  those  serving  twelve  consecutive  months  or  more.    Id. 

857f.  Same — Disc7'etion  as  to  tiine  when  can  he  allowed. — In  all 
cases  the  heads  of  divisions  shall  have  discretion  as  to  the  time  when 
the  leave  can  best  be  allowed.    Id. 

857g.  Same — Total  annual  leave  loith  pay. — ^Not  more  than  thirty 
days'  le^ve  with  pay  shall  be  allowed  any  such  employee  in  one  year. 
hi,  618. 

857h.  Same — Sick  leave  and  holidays  not  affected. — ^This  provision 
shall  not  be  construed  to  deprive  employees  of  any  sick  leave  or  legal 
holidays  to  which  they  may  now  be  entitled  under  existing  law.     Id. 

*83  Stat.  276. 


168 

8571.  Accrued  leaves  of  ctbsence  to  civilian  einployees  of  Ordnance 
Department  serving  abroad. — Hereafter  any  civilian  employee  of  the 
Ordnance  Department  who  is  a  citizen  of  the  United  States  and  em- 
ployed at  any  station  outside  the  continental  limits  of  the  United 
States  may,  in  the  discretion  of  the  Secretary  of  War,  after  at  least 
two  years'  continuous,  faithful,  and  satisfactory  service  abroad,  and 
subject  to  the  interests  of  the  public  service,  be  granted  accrue>l  leave 
of  absence,  with  pay,  for  each  j^ear  of  service,  and  if  an  employee 
should  elect  to  postpone  the  taking  of  any  or  all  of  the  leave  to 
which  he  may  be  entitled  in  pursuance  hereof  such  leave  may  be 
allowed  to  accumulate  for  a  period  of  not  exceeding  four  j^ears,  the 
rate  of  pay  for  accrued  leave  to  be  the  rate  obtaining  at  the  time  the 
leave  is  granted.     Act  of  May  12,  1917  ^0  Stat.  65). 

864a.  Taylor  system — No  salary  to  he  paid  officer,  superintendent, 
manager,  or  foreman  using. — No  part  of  the  appropriations  made  in 
this  bill  shall  be  available  for  the  salary  or  pay  of  any  officer,  mana- 
ger, superintendent,  foreman,  or  other  person  having  charge  of  the 
work  of  any  employee  of  the  United  States  Government  while  mak- 
ing or  causing  to  be  made,  with  a  stop  watch  or  other  time-measuring 
device,  a  time  study  of  any  job  of  any  such  employee  between  the 
starting  and  completion  thereof  or  of  the  movements  of  any  such 
employee  while  engaged  upon  such  work;  nor  shall  any  part  of  the 
ai:)propriations  made  in  this  bill  be  available  to  pay  any  premium 
or  bonus  or  cash  reward  to  any  emploj^ee  in  addition  to  his  regular 
wages,  except  for  suggestions  resulting  in  improvements  or  economy 
in  the  operation  of  any  Government  plant;  and  no  claim  for  services 
performed  by  any  person  while  violating  this  proviso  shall  be  al- 
lowed.   Act  of  Mar.  4,  1915  {38  Stat.  10S3), 

864b.  Same. — No  part  of  the  appropriations  made  in  this  Act  shall 
be  available  for  the  salary  or  pay  of  any  officer,  manager,  superin- 
tendent, foreman,  or  other  person  having  chaige  of  the  work  of  any 
employee  of  the  United  States  while  making  or  causing  to  be  made 
"with  a  stop  watch,  or  other  time-measuring  device,  a  time  study  of 
any  job  of  any  such  employee  between  the  starting  and  completion 
thereof,  or  of  the  movements  of  any  such  employee  while  engaged 
upon  such  work;  nor  shall  any  part  of  the  appropriations  made  in 
this  Act  be  available  to  pay  any  premium  or  bonus  or  cash  reward 
to  any  employee  in  addition  to  his  regular  wages,  except  for  sug- 
gestions resulting  in  improvements  or  economy  in  the  operation  of 
any  Government  plant.^    Act  of  Aug.  29, 1916  {39  Stat.  648.) 

^  For  similar  provisions  in  the  current  sundry  civil,  fortifications,  and  naval 
appropriations  acts,  see  39  Stats.  336,  351,  and  619;  also  sec.  6,  act  of  Feb.  14, 
1917  (39  Stat.  914)  ;  act  of  Mar.  4,  1917  (39  Stat.  1194) ;  and  acts  of  May  12 
and  June  12.  1917  (40  Stat.  70,  180). 


CHAPTER  XXII. 


THE  SIGNAL  CORPS. 


Par. 

Composition  of,  and  details  to 
the  Aviation   Section 879a 

Increase  of  commissioned  and 
enlisted  strength,  including 
Aviation    Section 879b 

Same — Temporary  officers,  ap- 
pointment,   etc 879c 

Same — Examination  prior  to 
appointment,  promotion,  or  de- 
tail      879d 

Same — ^Appointment  by  Presi- 
dent, and  by  President  with 
consent   of   Senate 879e 

Appointment  of  general  officers 
for,  including  Aviation  Sec- 
tion     879f 

Vacancies  in  Ilegular  Army, 
etc.,  from  temporary  appoint- 
ments in  Signal  Corps 879g 

Pay,  allowances,  etc.,  of  tem- 
porary officers  and  enlisted 
men  of  same  as  for  corre- 
sponding grades  in  Regular 
Army 879h 

Present  authorized  strength  of 
Regular  or  National  Army 
not  to  be  decreased 879i 

Officers'  and  Enlisted  Reserve 
Corps  of  Aviation  Section, 
pay,   etc S79j 

Same — Payments  to  be  made 
by  disbursing  officers,  Quar- 
termaster   Corps 879k 

Exchange    of    typewriters    and 

adding  machines 883a 

Aviation  Section 889a-889u 

Created,  duties,  etc 889a 

Same — Officers  and  enlisted 
men  provided  for  to  be  addi- 
tional to  regular  corps  allot- 


Same — Details  from  line  offi- 
cers, tour  of  service,  and  re- 
detail  of  proficient  aviators 

Same — Aviation  students,  selec- 
tion, tour  of  service,  etc. ;  no 
vacancies  created  by  such  de- 
tachment  

Same — Details  not  compulsory 
in  time  of  peace 

Sfime — Assignment  to  cease  if 
officer  is  inefficient,  etc 

Same — Aviation  officers  rated, 
junior  military  aviators,  etc 

Same — Rating,  increased  grade 
and  pay  of  junior  military 
aviators,  aviation  students, 
etc . 

Same — Personnel  of  enlisted 
men,  rating  of  aviation  mech- 
anician   

Same — Instruction  in  art  of  fly- 
ing, and  increase  of  pay 

Same — Qualification  certificates 
required,  examinations  for, 
etc 

Same — Issue  of  certificates  of 
qualification 

Same — Service  as  aviation  stu- 
dents prior  to  detail,  rating 
requirements  for  military  avi- 
ators,   etc 

Slime — Payments  in  case  of 
death  from  accident 

Aviation  officers,  ratings  of  and 
qualifications  for 

Same — Rank  and  pay  of 

Same — Increased  pay  and  al- 
lowances authorized  in  act  of 

March  2,  1913,  repealed 

169 


Par. 

889c 

889d 
889e 
889f 


889h 

889i 
889j 

889k 
8891 

889m 

889n 

889o 
889p 


170 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


Par. 

Married  officers  of  line  of  Army 
eligible  for  detail  to  aviation 
duty ;  enlisted  men  of  avia- 
tion section  to  be  instructed 
in  art  of  flying 8S9r 

Age  of  officer  not  a  bar  to  origi- 
nal detail,  and  neither  age 
nor  rank  a  bar  to  subsequent 
details S89s 

Aviator,  Signal  Corps,  appoint- 
ment of  qualified  civilians  as-     889t 

Same — Pay  and  provision  for 
discharge  of 889u 

Advisory  Committee  for  Aei^o- 
nautics 889v-SS9aa 

Composition   of 889v 

Snme — ^No      compensation      for 

members 889\v 

Same — Duty  to  supervise  re- 
search,  etc 889x 

Same — Rules  of  conduct  for—    889y 

Same — Appropriation  for  ex- 
perimental work,  etc 889z 

Same — Annual  rex)ort  to  include 
itemized  statement  of  expend- 
itures   889aa 

Appropriation  for  purchase, 
manufacture,  etc.,  of  airships 
and  other  aerial  machines  for 
the  Aviation  Section 889bb 

Ajtpropriation  for  payment  of 
ofticers  and  enlisted  men  of 
the  Aviation  Section,  Oflicers' 
Reserve  Corps  and  Enlisted 
Reserve  Corps,  when  called 
into  active  service 889cc 

Appropriation  for  development 
of  suitable  type  of  aviation 
motor 889dd 

Secretary  of  War  to  receive  offi- 
cers and  enlisted  men  of  Coast 
Guard  for  instruction  in  avia- 
tion at  aviation  schools 889ee 

Obtaining  basic  patents  for  man- 
ufacture and  development  of 
aircraft 889ff 

Same — Purchase  arrangements 
advantageous  to  Government 
may  be  entered  into 889gg 

Same — Bond  to  be  required 
where  validity  of  patents  is  in 
litigation 889hh 


Par. 

Consolidation  of  appropriation 
for  National  Advisory  Com- 
mittee for  Aeronautics 8S9ii 

Increase  in  Aviation  Section,  rat- 
ings of  aviation  officers 889jj 

Same — Length  of  service  for  rat- 
ings of  military  aviator  and 
military  aeronaut;  exception,  889kk 

Same — Increase  in  rank  and  pay 

of  aviation  officers 88011 

Same — Increased  pay   while  on 

duty  retiuiring  aerial  flights-  889mm 

Rating  of  enlisted  men  in  Avia- 
tion   Section 8S9nn 

Same — Increase  of  pay 889oo 

Purchase,  manufacture,  etc.,  of 
airships,  guns,  equipment, 
buildings,    etc 889pp 

Same — Establishment  of  avia- 
tion stations,  etc 889qq 

Public  lands  for  temporary  bar- 
racks, quarters,  hospitals,  and 
other  buildings,  etc 8S9rr 

Purchase,  etc.,  of  special  cloth- 
ing, apparel,  and  equipment 889s3 

Expenses  of  oflicers,  etc.,  on  es- 
pecial aviation  duty  at  home 
and  abroad 889tt 

Same — Special  course  in  foreign 
aviation  schools  and  manufac- 
turing establishments 8S9uu 

Development  of  suitable  types  of 
aviation  engines,  etc 8S9vv 

Plants,  etc.,  for  manufacture  of 
airplanes,  aircraft,  engines, 
etc 889ww 

Instructions  to  aviation  students 
at  technical  schools  and  col- 
leges    889xx 

Mileage  to  officers  and  enlisted 
men  of  foreign  armies  serving 
with  the  Aviation  Section 889>t 

Appropriation  for  carrying  into 

effect  provisions  of  act 889zz 

Aircraft  Board 889aaa-889iii 

Purpose  for  which  created 889a aa 

Same — Comi)ensation  of  board 
and  appointment  of  its  chair- 
man and  civilian  members 889bbb 

Same — ^Tenure  of  board  and  of- 
fice of  its  members;  compen- 
sation of  civilian  members 889ccc 


MILITARY   LAWS   OF   THE   UNITED  STATES^  1915. 


171 


Par. 

Same — Supervise  and  direct 
purchase,  manufacture,  etc.,  of 
aircraft,  and  equipment,  etc_  889ddd 

Same — May  make  recommenda- 
tions as  to  contracts 889eee 

Same — Emploj'ment  of  clerics, 
teclmical  advisers,  etc. ;  pay 
of 889fff 

Same — Rent  offices,  purchase 
equipment  and  supplies,  ad- 
ministrative expenses,  etc., 
fund  for 889ggg 

Same — Duplication  of  existing 
office  or  organization 889hhh 

Same — Annual  report  to  Con- 
gress of  salaries  paid  to  clerks 
and  employees 889iii 

Enlisted  force,  composition  of 890a 

Same — Organization  of  into 
companies,  battalions,  and 
aero   squadrons 890b 

fwime — May  be  mounted 890c 

Inci-ease  in  enlisted  men  by  en- 
listment or  di-iift 890d 


Par. 

Same^— Age  limits  for  draft 800e 

Same — Grades  of  chauffeur,  first 
class,  and  chauffeur  created—    800f 

Same — Pay  and  allowances  of 
chauffeurs 890j? 

Same — Rank  of  chauffeurs 890h 

Organization  into  divisions, 
brigades,  regiments,  etc 890i 

Same — Organization  of*  head- 
quarters and  hejidquarters  de- 
tachments        890j 

Collection  of  forwarding  charges 
due  connecting  commercial  or 
radio  companies  for  transmis- 
sion of  Government  business; 
vouchers  and  claims  for 808a 

Property    returns    to    be    made 

semiannually 901a 

Settlement  of  accounts  between 
other  bureaus  of  War  Depart- 
ment, etc.,  and  the  Signal 
Corps . 901b 


THE   SIGNAL    CORPS. 

879a.  Composition  of  and  details  to  the  Aviation  Section. — The 
Signal  Corps  shall  consist  of  one  Chief  Signal  Officer,  with  the  rank 
of  brigadier  general;^  three  colonels;  eight  lieutenant  colonels;  ten 
majoi-s;  thirty  captains;  seventy-five  first  lieutenants;  and  the  Avia- 
tion Section,  which  shall  consist  of  one  colonel;  one  lieutenant 
colonel;  eight  majors;  twenty-four  captains;  and  one  hundred  and 
fourteen  first  lieutenants,  who  shall  be  selected  from  among  officers 
of  the  Army  at  large  of  corresponding  grades  or  from  among  officers 
of  the  grade  below,  exclusive  of  those  serving  by  detail  in  staff  corps 
or  departments,  who  are  qualified  as  military  aviators,  and  shall 
be  detailed  to  serve  as  aviation  officers  for  periods  of  four  years  un- 
less sooner  relieved;  and  the  provisions  of  section  twenty-seven  of 
the  Act  of  Congress  approved  February 'second,  nineteen  hundred 
and  one,  are  hereby  extended  to  apply  to  said  aviation  officers  and  to 
vacancies  created  in  any  arm,  corps,  or  department  of  the  Army  by 
the  detail  of  said  officers  therefrom;  but  nothing  in  said  Act  or  in 
any  other  law  now  in  force  shall  be  held  to  prevent  the  detail  or  re- 
detail  at  any  time,  to  fill  a  vacancy  among  the  aviation  officers  au- 

*For  provision  in  section  3,  Act  of  October  6,  1917,  giving  the  Chief  Signnl 
Officer  the  rank,  pay,  and  allowances  of  major  general,  see  paragrai*  3T3a, 
a^nte. 


172  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

thorized  by  this  Act,  of  any  officer  who.  during  prior  service  as  an 
aviation  officer  of  the  Aviation  Section,  shall  have  become  proficient 
in  military  aviation.    Sec,  13^  Act  of  June  3, 1916  {39  Stat,  174), 

(For  the  ensuing  provision  of  this  section  see  paragraph  8S9o.) 

879b.  Increase  of  commissioned  and  enlisted  strength,  including 
Aviation  Section. — For  and  during  the  existing  emergency,  the 
President  be,  and  is  hereby,  authorized  to  increase  the  present 
authorized  Commissioned  and  enlisted  strength  of  the  Signal  Corps 
of  the  Army,  including  the  Aviation  Section  thereof.  Sec.  i,  Act  of 
Juhj  2Jf,  1917  {40  Stat.  2^3), 

879c.  Same — Temporary  officers,  appointment.,  etc. — To  provide  the 
additional  commissioned  personnel  required  by  this  Act  the  Presi- 
dent is  authorized  to  promote,  appoint,  detail,  or  attach  as  temporary 
officers  in  the  Signal  Corps,  including  the  Aviation  Section  thereof, 
officers  of  the  Regular  Army,  National  Army,  or  National  Guard,  or 
the  Officers'  Reserve  Corps,  or  to  appoint  temporarily  enlisted  men 
of  the  Regular  Army,  enlisted  men  of  the  Enlisted  Reserve  Corps, 
or  persons  from  civil  life.    Sec,  ^,  id, 

879d.  Same — Examination  prior  to  appointment.,  promotion  or 
detail. — No  person  shall  be  so  promoted,  appointed,  detailed,  or 
attached  until  he  shall  have  been  found  physically,  mentally,  and 
morally  qualified  under  regulations  prescribed  by  the  Secretary  of 
War.     Id. 

879e.  Same — Appointment  hy  President.,  and  hy  President  with 
consent  of  Senate, — Officers  with  rank  not  above  colonel  shall  be  ap- 
pointed and  commissioned  by  the  President  alone,  irrespective  of  the 
rank  or  grade  held  by  them  on  the  date  of  the  passage  of  this  Act, 
and  that  officers  above  the  grade  of  colonel  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  irre- 
spective of  the  rank  or  grade  held  by  them  on  the  date  of  the  passage 
of  this  Act.    Id, 

(For  sections  3  ami  4  of  this  act  see  paragraphs  890d-S90j,  post.) 

879f.  Appointment  of  general  officers  for^  including  Aviation  Sec- 
tion— The  President,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, is  authorized  to  appoint  for  the  period  of  the  existing  emergency 
such  general  officers  of  appropriate  grades  as  may  be  necessary  for 
staff  duty  and  for  duty  with  such  brigades  and  divisions  of  the  troops 
of  the  Signal  Corps,  including  the  Aviation  Section  thereof,  as  may 
be  organized  by  the  President.    Sec,  5,  Id.^  244, 

879g.  Vacancies  in  Regular  Army,  etc.,  from  temporary  appoint- 
ments to  Signal  Corps. — Vacancies  in  all  grades  of  the  Regular 
Army,  National  Army,  or  National  Guard  resulting  from  the  tem- 
porary appointment  of  officers  thereof  to  higher  grades  shall  be 
filled  or  vacated  as  provided  for  in  sections  eight  and  nine  ^  of  the 

*  See  paragraphs  1663-1667,  post. 


MILITARY  LAWS   OF   THE  UNITED  STATES^  1915.  173 

Act  authorizing  the  President  to  increase  temporarily  the  military 
establishment  of  the  United  States  and  approved  May  eighteenth, 
nineteen  hundred  and  seventeen.     Id, 

(For  section  6  and  7  of  tliis  act  see  paragraphs  889jj-889oo,  post.) 

879h.  Pay^  'allowances^  etc.^  of  temporary  officers  and  enlisted  men 
same  as  for  corresponding  grades  in  Regular  Army. — All  officers  and 
enlisted  men  of  the  temporary  forces  of  the  Signal  Corps,  including 
the  Aviation  Section  thereof  provided  for  herein,  shall  be  in  all  re- 
spects on  the  same  footing  as  to  pay,  allowances,  and  pensions  as  per- 
manent officers  and  enlisted  men  of  corresponding  grades  and  length 
of  service  in  the  Regular  Army.    Sec.  8,  Id.,  2Jf5. 

879i.  Present  authorized  strength  of  Regular  or  National  Army 
not  to  he  decreased. — Nothing  in  this  Act  shall  operate  to  decrease  the 
present  authorized  strength  of  the  Regular  Army  or  National  Army 
heretofore  authorized  by  law.    Id. 

879j.  Officers^  and  Enlisted  Reserve  Corps  of  Aviation  Section^ 
pay^  etc. — Also  to  pay  and  otherwise  provide  for  such  officers  of  the 
Officers'  Reserve  Corps  of  the  Aviation  Section  of  the  Signal  Corps 
and  such  enlisted  men  of  the  Enlisted  Reserve  Corps  of  the  Aviation 
Section  of  the  Signal  Corps  as  may  be  called  into  active  service  and 
such  enlisted  men  as  may  be  enlisted  in  the  Aviation  Section  of  the 
Signal  Corps  under  the  provisions  of  section  two  ^  of  the  Act  to  in- 
crease temporarily  the  military  establishment  of  the  United  States, 
approved  May  eighteenth,  nineteen  hundred  and  seventeen,  or  any 
subsequent  Act  temporarily  increasing  the  commissioned  or  enlisted 
personnel  of  the  Aviation  Section  of  the  Signal  Corps  and  such 
civilian  employees  as  may  be  necessary,  for  the  payment  of  their 
traveling  and  other  necessary  expenses  when  not  traveling  with 
troops.    Sec.  9,  Id.^ 


(For  the  preceding  provisions  of  this  section  see  paragraphs  889pp-889im, 
and  1293h,  post,  and  for  the  ensuing  provisions  see  paragraphs  889vv-S89yy, 
post. ) 

879k.  Same — Payments  to  he  made  hy  dishursing  officers^  Quarter- 
master Corps. — Hereafter  all  reserve  officers  and  enlisted  men  of 
the  Aviation  Section  of  the  Signal  Corps  shall  be  paid  by  Quar- 
termaster Corps  disbursing  officers  from  funds  transferred  to  their 
credit  from  Signal  Corps  appropriations.     Id. 

(For  the  ensuing  provision  of  this  section  see  paragraph  889vv,  post.) 

883a.  Exchange  of  typewriters  and  adding  i7i.i<  Junes. — Hereafter 
the  Signal  Corps  may  exchange  typewriters  and  adding  machines  in 
the  purchase  of  similar  equipment.  Act  of  Mar.  4,  1915  {38  Stat. 
106  Jf). 

*  See  paragraph  1641,  post. 


174  MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 

AVIATION  SECTION. 

S89a.  Created^  duties^  etc. — ^There  sliall  hereafter  be,  and  there  is 
hereby  created,  an  Aviation  Section,  which  shall  be  a  part  of  the 
Signal  Corps  of  the  Army,  and  which  shall  be,  and  is  hereby, 
chai'ged  with  the  duty  of  operating  or  supervising  the  operation  of 
all  military  aircraft,  including  balloons  and  aeroplanes,  all  appli- 
ances pertaining  to  said  craft,  and  signaling  apparatus  of  any  kind 
when  installed  on  said  craft ;  also  with  the  duty  of  training  officers 
and  enlisted  men  in  matters  pertaining  to  military  aviation.  Sec.  1, 
Act  ^f  July  18,  WU  {38  Stat.  6U). 

889b.  Same — Officers  and  entisted  men  'provided  for  to  he  addi- 
tional to  regular  corps  <iUotment, — In  addition  to  such  officers  and 
enlisted  men  as  shall  be  assigned  from  the  Signal  Corps  at  large  to 
executive,  administrative,  scientific,  or  other  duty  in  or  for  the  Avia- 
tion Section,  there  shall  be  in  said  section  aviation  officers  not  to  ex- 
ceed sixty  in  niunber  and  two  hundred  and  sixty  aviation  enlisted 
men  of  all  grades;  and  said  aviation  officers  and  aviation  enlisted 
men,  all  of  whom  shall  be  engaged  on  duties  pertaining  to  said 
Aviation  Section,  shall  be  additional  to  the  officers  and  enli^^jted  men 
now  allotted  by  law  to  the  Signal  Corps,  the  commissioned  and 
enlisted  strengths  of  which  are  hereby  increased  accordingly. 
Sec.  £,  id. 

889€.  Same — Details  from  line  officers^  tour  of  service^  and  redetail 
x)f  proficient  amators. — The  aviation  officers  provided  for  in  this  sec- 
tioai  shall,  ex<?ept  as  hereinaftei'  prescribed  specifically  to  tl^  con- 
trary, be  selected  from  among  officers  holding  commissions  in  the 
line  of  the  Army  with  rank  below  that  of  captain,  and  shall  be  de- 
tailed to  serve  as  slK^h  aviation  officers  for  periods  of  four  yetirs, 
unless  sooner  relieved,  and  the  provisions  of  section  twenty-seven  * 
of  the  Act  of  Congress  approved  February  second,  nineteen  hundred 
and  one  (Thirty-fii'st  Statutes,  page  sev^n  hundred  and  fifty -:five), 
are  hereby  extended  so  as  to  apply  to  said  aviation  officers  and  to  the 
vacancies  created  in  the  line  of  the  Army  by  the  detail  of  said  offi- 
cers therefrom,  but  nothing  in  said  Act  or  in  any  other  law  now  in 
force  shall  be  held  to  prevent  the  detail  or  redetail  at  any  time  to  fill 
a  vacaiiacy  among  the  aviation  officers  authorized  by  this  Act,  of  any 
officer  holding  a  commission  in  the  line  of  the  Army  with  rank  below 
that  of  captain,  and  who,  during  prior  service  as  an  aviation  officer 
in  the  aviation  section,  shall  have  become  especially  proficient  in 
military  aviation.     Id. 

889d.  Same — Aviation  students,  seUction,  tour  of  service,  etc.;  no 
vacancies  created  hy  such  detachment. — There  shall  also  be  constantly 

*  See  pa  i-a  graph  383,  ante,  or  31  Stat,  755. 


MIUTAKY  LAWS  OT  THE  UKITED  STATES,  IMS.  175 

attached  to  the  aviatiGii  section  a  sufficient  numher  of  aviatian  stu- 
dents to  make,  with  the  aviation  ©fiicers  actually  <id;ailed  in  said 
section  under  the  provisions  of  this  Act,  a  total  number  of  sixty  av'a- 
tion  officers  and  aviation  students  constantly  under  assignment  to, 
©r  detail  in,  said  section.  Said  aviation  students,  all  of  whom  shall 
be  selected  on  the  recommendatiOTi  of  the  chief  ^gnal  officer  from 
among  unmarried  lieutenants  of  the  line  of  the  Army  not  over  thirty 
3'"ears  of  age,  shall  ^remain  attached  to  the  avitition  section  for  a 
stifficient  time,  but  in  no  case  to  exceed  ©ne  year,  to  d^ermine  their 
■fitness  or  unfitness  for  detail  as  aviation  officers  m  said  section,  and 
their  deftachment  from  their  respective  arms  of  service  which  under 
assignment  to  said  section  shall  not  be  held  to  crealje  in  said  arms 
vacancies  that  mray  be  filled  by  promoticHis  or  original  appointments. 
Id.  515, 

^^^.  Same — Details  n&t  -oomfulmry  in  time  of  feaee. — No  person, 
except  in  time  of  war,  ^hall  be  assigned  or  detailed  again^  his  will 
to  duty  as  an  aviation  student  or  an  aviation  officer.     Id. 

8&9f.  Same — Assignment  to  cease  if  oficer  is  inefficient,  etc. — 
Whenever,  under  such  regulations  as  the  Secretary  of  War  shall 
prescribe  and  publish  to  the  Army,  an  officer  assigned  or  detailed 
to  duty  of  any  kind  in  or  with  the  aviation  section  shall  have  been 
found  to  be  inattentive  to  his  duties,  inefficient,  or  incapacitated 
from  any  cau^e  whiitever  for  the  full  and  efficient  discharge  of  all 
duties  that  might  properly  be  imposed  upon  him  if  he  should  be 
continued  on  duty  in  or  wifh  said  section,  said  officer  shall  be  returned 
forthwith  to  the  branch  of  the  service  in  which  he  shall  hold  a  com- 
mission.    Id. 

889g.  Same — Aviation  officers  rated  junior  miliiary  mnators^ 
etc. — The  aviation  officers  hereinbefore  provided  for  shall  be  rated  in 
two  classes,  to  wit,  as  junior  military  aviators  and  as  militaiy  a^  ia- 
tors.  Within  sixty  days  after  this  act  shall  take  ef  ect  the  Secretaiy 
of  War  may,  upon  the  recommendation  of  the  Chief  Signal  Officer, 
i^te  as  junior  military  aviators  any  officers  with  rank  below  that  of 
captain,  who  are  now  on  aviation  dnty  and  who  have,  or  shall  have 
before  the  date  of  rating  so  authorized,  shown  by  practical  tests,  in- 
cluding aerial  flights,  that  they  are  especially  well  qualified  for  mili- 
tary aviation  service ;  and  after  said  rating  shall  have  been  made  the 
rating  of  junior  military  aviator  shall  not  be  conferred  upon  any 
person  except  as  hereinafter  provided,    ^ec.  S,  id. 

889h.  Same — Bating,  increased  grade  and  pay  of  jtmior  miEtary 
aviators,  aviation  students,  etc. — Eacb  aviation  student  authorized  by 
this  act  shall,  while  on  duty  that  requires  him  to  participate  regularly 
and  frequently  in  aerial  flights,  receive  an  increase  of  55  per  centum 
in  the  pay  "of  his  grade  and  iength  of  service  under  his  line  com- 


176  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

mission.  Eacli  duly  qualified  junior  military  aviator  shall,  while 
so  serving,  have  the  rank,  pay,  and  allowances  of  one  grade  higher 
than  that  held  by  him  under  his  line  commission,  provided  that 
his  rank  under  said  commission  be  not  higher  than  that  of  first 
lieutenant,  and,  while  on  duty,  requiring  him  to  participate  regularly 
and  frequently  in  aerial  flights,  he  shall  receive  in  addition  an  increase 
of  50  per  centum  in  the  pay  of  his  grade  and  length  of  service  un- 
der his  line  commission.  The  rating  of  military  aviator  shall  not 
be  hereafter  conferred  upon  or  held  by  any  person  except  as  herein- 
after provided,  and  the  number  of  officers  with  that  rating  shall  at  no 
time  exceed  fifteen.  Each  military  aviator  who  shall  hereafter  have 
duly  qualified  as  such  under  the  provisions  of  this  act  shall,  while  so 
serving,  have  the  rank,  pay,  and  allowances  of  one  grade  higher  than 
that  held  by  him  under  his  line  commission,  provided  that  his  rank 
under  said  commission  be  not  higher  than  that  of  first  lieutenant, 
and,  while  on  duty  requiring  him  to  participate  regularly  and  fre- 
quently in  aerial  flights,  he  shall  receive  in  addition  an  increase  of 
75  per  centum  of  the  pay  of  his  grade  and  length  of  service  under 
his  line  commission.     Id. 

8891.  Same — Personnel  of  enlisted  men^  rating  of  aviation  mechan- 
ician.— The  aviation  enlisted  men  hereinbefore  provided  for  shall 
consist  of  twelve  master  signal  electricians,  twelve  first-class  ser- 
geants, twenty-four  sergeants,  seventy-eight  corporals,  eight  cooks, 
eighty-two  first-class  privates,  and  forty-four  privates.  Not  to  ex- 
ceed forty  of  said  enlisted  men  shall  at  any  one  time  have  the  rating 
of  aviation  mechanician,  wdiich  rating  is  hereby  established,  and  said 
rating  shall  not  be  conferred  upon  any  person  except  as  hereinafter 
provided.^     Id.,  516. 

889j.  Same — Instruction  in  art  of  fying,  and  increase  of  pay. — 
Tw'elve  enlisted  men  at  a  time  shall,  in  the  discretion  of  the  officer  in 
command  of  the  aviation  section,  be  instructed  in  the  art  of  flying, 
and  no  enlisted  man  shall  be  assigned  to  duty  as  an  aerial  flyer 
against  his  will  except  in  time  of  war.  Each  aviation  enlisted  man, 
while  on  duty  that  requires  him  to  participate  regularly  find  fre- 
quently in  aerial  flights  or  while  holding  the  rating  of  aviation 
mechanician,  shall  receive  an  increase  of  fifty  per  centum  in  his 
pay.     Id. 

889k.  Same — Qualification  certificates  required,  examinations  for^ 
etc. — Except  as  hereinafter  provided  in  the  cases  of  officers  now  on 
aviation  duty,  no  person  shall  be  detailed  as  an  aviation  officer,  or 
rated  as  a  junior  military  aviator,  or  as  a  military  aviator,  or  as  an 
aviation  mechanician,  until  there  shall  have  been  issued  to  him  a 

^  Held  that  aviation  enlisted  men  holding  the  rating  of  aviation  mechanician 
are  entitled  to  the  increase  of  pay  while  on  furlough.  (War  Dept.  Bull.  18, 
July  8,  1916.) 


MILITABY   LAWS   OF   THE   UNITED   STATES,  1915.  177 

certificate  to  the  effect  that  he  is  qualified  for  the  detail  or  rating, 
or  for  both  the  detail  and  the  rating,  sought  or  proposed  in  his  case, 
and  no  such  certificate  shall  be  issued  to  any  person  until  an  aviation 
examining  board,  which  shall  be  composed  of  three  officers  of  ex- 
perience in  the  aviation  service  and  two  medical  officers,  shall  have 
examined  him,  under  general  regulations  to  be  prescribed  by  the 
Secretary  of  War  and  published  to  the  Army  by  the  War  Depart- 
ment, and  shall  have  reported  him  to  be  qualified  for  the  detail  or 
rating,  or  for  both  the  detail  and  the  rating,  sought  or  proposed  in 
his  case.    Id. 

8891.  Same — Isme  of  certificates  of  qualification. — The  Secretary 
of  War  shall  cause  appropriate  certificates  of  qualification  to  be 
issued  by  The  Adjutant  General  of  the  Army  to  all  officers  and  en- 
listed men  who  shall  have  been  found  and  reported  by  aviation  exam- 
ining boards  in  accordance  with  the  terms  of  this  act,  to  be  qualified 
for  the  details  and  ratings  for  which  said  officers  and  enlisted  men 
shall  have  been  examined.    Id. 

889m.  Same — Service  as  aviation  students  prior  to  detail,  rating 
requirements  for  military  aviators,  etc. — Except  as  hereinbefore  pro- 
vided in  the  cases  of  officers  who  are  now  on  aviation  duty  and  who 
shall  be  rated  as  junior  military  aviators  as  hereinbefore  authorized, 
no  person  shall  be  detailed  for  service  as  an  aviation  officer  in  the 
aviation  section  until  he  shall  have  served  creditably  as  an  aviation 
student  for  a  period  to  be  fixed  by  the  Secretary  of  War;  and  no 
person  shall  receive  the  rating  of  military  aviator  until  he  shall 
have  served  creditably  for  at  least  three  years  as  an  aviation  officer 
with  the  rating  of  junior  military  aviator.    Id. 

889n.  Same — Payments  in  case  of  death  from  accident. — There 
shall  be  paid  to  the  widow  of  any  officer  or  enlisted  man  who  shall 
die  as  the  result  of  an  aviation  accident,  not  the  result  of  his  own 
misconduct,  or  to  any  other  person  designated  by  him  in  writing, 
an  amount  equal  to  one  year's  pay  at  the  rate  to  which  such  officer 
or  enlisted  man  was  entitled  at  the  time  of  the  accident  resulting  in 
his  death,  but  any  paym.ent  made  in  accordance  with  the  terms  of 
this  proviso  on  account  of  the  death  of  any  officer  or  enlisted  man 
shall  be  in  lieu  of  and  a  bar  to  any  payment  under  the  Acts  of  Con- 
gress approved  May  eleventh,  nineteen  hundred  and  eight,  and  March 
third,  nineteen  hundred  and  nine  (Thirty-fifth  Statutes,  pages  one 
hundred  and  eight  and  seven  hundred  and  thirty-five),  on  account  of 
death  of  said  officer  or  enlisted  man.    Id. 

889o.  Aviation  officers,  ratings  of  and  qualifications  for. — Aviation 
officers  may,  when  qualified  therefor,  be  rated  as  junior  military 
aviators  or  as  military  aviators,  but  no  person  shall  be  so  rated  until 
54208°— 18 12 


178  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

tliere  shall  have  been  issued  to  him  a  certificate  to  the  effect  that  he  is 
qualified  for  the  rating,  and  no  certificate  shall  be  issued  to  any 
person  until  an  aviation  examining  board,  which  shall  be  composed 
of  three  officers  of  experience  in  the  aviation  service  and  two  medical 
officers,  shall  have  examined  him,  under  general  regulations  to  bo 
prescribed  by  the  Secretary  of  War  and  published  to  the  Army  by 
the  War  Department,  and  shall  have  repoi-ted  him  to  be  qualified 
for  the  rating.  No  person  shall  receive  the  rating  of  military  aviator 
until  he  shall  have  served  creditably  for  three  years  as  an  aviation 
officer  with  the  rating  of  a  junior  military  aviator.  Sec,  13,  Act  of 
June  3, 1916  (39  Stat,  175) . 

(For  the  preceding  provision  of  this  section  see  paragraph  879a.) 

889p.  Same — Ranh  and  pay  of. — Each  aviation  officer  authorized 
by  this  Act  shall,  while  on  duty  that  i-equires  him  to  participate  regu- 
larly and  frequently  in  aerial  flights,  receive  an  increase  of  twenty- 
five  per  centum  in  the  pay  of  his  grade  and  length  of  service  under 
his  commission.  Each  duly  qualified  junior  military  aviator  shall, 
while  so  serving,  have  the  rank,  pay,  and  allowances  of  one  gnide 
higher  than  that  held  by  him  under  his  commission  if  his  rank  under 
said  commission  be  not  higher  than  that  of  captain,  and  while  on  duty 
requiring  him  to  participate  regularly  and  frequently  in  aerial  flights 
he  shall  receive  in  addition  an  increase  of  fifty  per  centum  in  the  pay 
of  his  grade  and  length  of  service  under  his  commission.  Each  mili- 
tary aviator  shall,  while  so  serving,  have  the  rank,  pay,  and  allow- 
ances of  one  grade  higher  than  that  held  by  him  under  his  commis- 
sion if  his  rank  under  said  commission  be  not  higher  than  that  of 
captain,  and  while  on  duty  requiring  him  to  participate  regularly 
and  frequently  in  aerial  flights  he  shall  receive  in  addition  an  in- 
crease of  seventy-five  per  centum  of  the  pay  of  his  grade  and  leiigth 
of  service  under  his  commission.^     Id, 

*  Upon  reference  for  opinion  as  to  whether  or  not  officers  of  the  aviation 
section,  Signal  Offic-ers'  i^eser^'e  Corps,  when  Assigned  to  «luty  requiring  them 
to  malce  regular  and  frequent  aeritil  flights,  are  entitled  to  the  extra  pay 
authorized  under  section  1.3  of  the  national  defense  act,  approved  June  3,  10:!f>. 

Held,  tliat  as  section  39  of  the  same  act  provides  that  Reserve  Corps  officers, 
when  ordered  "  to  duty  with  troops  or  at  field  exercises,  or  for  instruction," 
when  provision  is  made  therefor,  shall,  while  so  serving,  "  receive  the  pay  and 
allowances  of  their  i-espective  grades  in  the  Regular  Army,"  and  as  section  13 
of  said  act  specifically  pTOvides,  with  respect  to  aviation  officers,  that  "  each 
aviation  officer  authorized  by  this  act  shall,  while  on  duty  that  requires  him 
to  participate  I'^gularly  and  frequently  in  aerial  flights,  receive  an  increase  of 
twenty-five  per  centum  in  the  pay  of  his  grade  and  length  of  service  under 
his  commission,"  a  Reserve  Corps  officer  of  tlie  aviation  section  assigned  to 
active  duty  requiring  him  to  make  regular  and  frequent  aerial  flights  is  en- 
titled to  receive  the  increased  pay  authorized  for  such  duty,  as  such  officer 
comes  within  the  description,  "  each  aviation  officer  authorized  by  this  act." 
(War  Dept.  Bull.  18,  April  6,  1917.) 

Upon  the  question  raised  as  to  whether  or  not  officei-s  required  to  make 
regular  and  frequent  aerial  flights  in  balloons  are  entitled  to  extra  pay  author- 
ized by  section  13  of  the  national  defense  act  of  June  3,  1916 : 

IIgJcI,  that  such  officers  are  entitled  to  the  extra  pay  authorized  by  the 
statute;  that  the  act  of  July  18,  1914   (38  Stat,  514),  creating  the  aviation 


MILITAEY  LAWS  OF   THE  UNITED  STATES,  1915.  179 

889q.  &ame — Increased  pay  and  allowances  authorized  in  Act  of 
March  second^  nineteen  hundred  and  thirteen^  repealed. — The  pro- 
visions of  the  Act  of  March  second,  nineteen  hundred  and  thirteen,^ 
allowing  increase  of  pay  and  allowances  to  officers  detailed  by  the 
Secretary  of  War  on  aviation  duty,  are  hereby  repealed.    Id. 

889r.  Married  o fleers  of  line  of  Army  eligible  for  detail  to  avia- 
tion duty — Enlisted  men  of  aviation  section  to  he  instructed  in  art 
of  flying. — Hereafter  married  officers  of  the  line  of  the  Army  shall 
be  eligible  equally  with  unmarried  officers  and  subject  to  the  same 
conditions  for  detail  to  aviation  duty;  and  the  Secretary  of  War 
shall  have  authority  to  cause  as  many  enlisted  men  of  the  aviation 
section  to  be  instructed  in  the  art  of  flying  as  he  may  deem  neces- 
sary.   Id. 

889s.  Age  of  officers  not  a  bar  to  original  detail^  and  neither  age 
nor  rank  a  bar  to  subsequent  details. — Hereafter  the  age  of  officers 
shall  not  be  a  bar  to  their  first  detail  in  the  aviation  section  of  the 
Signal  Corps,  and  neither  their  age  nor  their  rank  shall  be  a  bar  to 
their  subsequent  details  in  said  section.    Id. 

889t.  Aviator.,  Signal  Corps^  appointment  of  qualified  civilians 
fl5.~When  it  shall  be  impracticable  to  obtain  from  the  Army  officers 
suitable  for  the  aviation  section  of  the  Signal  Corps  in  the  number 
allowed  by  law,  the  difference  between  that  number  and  the  number 
of  suitable  officers  actually  available  for  duty  in  said  section  may  be 
made  up  by  appointments  in  the  grade  of  aviator,  Signal  Corps,  and 
that  grade  is  hereby  created.  The  personnel  for  said  grade  shall  be 
obtained  from  especially  qualified  civilians  who  shall  be  appointed 
and  commissioned  in  said  grade.    Id. 

889u.  Same — Pay  and  provision  for  discharge  of. — Whenever  any 
aviator  shall  have  become  unsatisfactory  he  shall  be  discharged  from 
the  Army  as  such  aviator.  The  base  pay  of  an  aviator,  Signal  Corps, 
shall  be  $150  per  month,  and  he  shall  have  the  allowances  of  a  master 
signal  electrician  and  the  same  percentage  of  increase  in  pay  for 
length  of  service  as  is  allowed  to  a  master  signal  electrician.    Id, 

(For  the  ensuing  provision  of  tliis  section  see  paragraph  890a.) 

section  and  prescribing  the  duties  of  the  same  expressly  charged  that  section 
with  the  duty  "  of  operating  or  supervising  tlie  operation  of  all  military  air- 
craft, including  balloons  and  aeroplanes  " ;  that  in  authorizing  the  increase  of 
pay  to  officers  on  duty  requiring  them  "  to  participate  regularly  and  frequently 
in  aerial  flights,"  the  act  made  no  distinction  as  to  the  kind  of  aerial  craft; 
and  that  the  national  defense  act,  while  dealing  with  the  organization,  compen- 
sation, etc.,  of  the  aviation  section,  leaves  in  force  the  provision  of  the  act 
of  .Tuly  18,  1914,  prescribing  the  duties  of  that  section,  and,  like  the  act  of 
July  18,  1914,  makes  no  distinction  with  respect  to  the  character  of  aerial 
craft;  but  the  law  requires  that  the  officer,  while  receiving  this  pay,  shall  l)e 
on  duty  requiring  him  to  participate  reg-ularly  and  frequently  in  aerial  flights, 
having  regard  to  the  nature  of  the  craft  in  which  such  flights  are  taken ;  and 
this  must  be  the  real  duty  of  the  officer  under  his  assignment.  (War  Dept. 
Bull.  26.  May  7,  1917.) 

*  Paragraph  889,  ante,  or  37  Stat.  705. 


18G 

ADVISORY  COMMITTEE  FOR  AERONAUTICS. 

889v.  Composition  of. — An  Advisory  Committee  for  Aeronautics 
is  hereby  established,  and  the  President  is  authorized  to  appoint  not 
to  exceed  twelve  members,  to  consist  of  two  members  from  the  War 
Department,  from  the  office  in  charge  of  military  aeronautics;  two 
members  from  the  Navy  Department,  from  the  office  in  charge  of 
naval  aeronautics;  a  representative  each  of  the  Smithsonian  Insti- 
tution, of  the  United  States  Weather  Bureau,  and  of  the  United 
States  Bureau  of  Standards;  together  with  not  more  than  five  ad- 
ditional persons  who  shall  be  acquainted  with  the  needs  of  aeronauti- 
cal science,  either  civil  or  military,  or  skilled  in  aeronautical  engineer- 
ing or  its  allied  sciences.    Act  of  Mar.  3  1915  {38  Stat.  930). 

889w.  Same — No  compensation  for  members. — The  members  of  the 
Advisory  Committee  for  Aeronautics,  as  such,  shall  serve  without 
compensation.     Id. 

889x.  Same — Duty  to  supervise  research^  etc. — It  shall  be  the  duty 
of  the  Advisory  Committee  for  Aeronautics  to  supervise  and  direct 
the  scientific  study  of  the  problems  of  flight,  with  a  view  to  their 
practical  solution,  and  to  determine  the  problems  which  should  be 
experimentally  attacked,  and  to  discuss  their  solution  and  their  appli- 
cation to  practical  questions.  In  the  event  of  a  laboratory  or  labora- 
tories, either  in  whole  or  in  part,  being  placed  under  the  direction  of 
the  committee,  the  committee  may  direct  and  conduct  research  and 
experiment  in  aeronautics  in  such  laboratory  or  laboratories.     Id. 

889y.  Same — Rules  of  conduct  for. — Rules  and  regulations  for  the 
conduct  of  the  work  of  the  committee  shall  be  formulated  by  the 
committee  and  approved  by  the  President.     Id. 

889z.  Same — Appropriation  for  experimental  worh^  etc. — The  sum 
of  $5,000  a  year,  or  so  much  thereof  as  may  be  necessary,  for  five 
years  is  hereby  appropriated,  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  to  be  immediately  available,  for  experimental 
work  and  investigations  undertaken  by  the  committee,  clerical  ex- 
penses and  supplies,  and  necessary  expenses  of  members  of  the  com- 
mittee in  going  to,  returning  from,  and  while  attending,  meetings 
of  the  committee.     Id. 

889aa.  Same — Annual  report  to  include  itemized  statement  of  ex- 
penditures.— An  annual  report  to  the  Congress  shall  be  submitted 
through  the  President,  including  an  itemized  statement  of  expendi- 
tures.    Id. 

889bb.  Appropriation  for  purchase^  manufacture^  etc.,  of  airships 
and  other  aerial  m,achines  for  the  Aviation  Section. — Not  more  than 
$13,281,666  of  the  foregoing  appropriation^  shall  be  used  for  the 

*  The  appropriation  referred  to  is  one  of  $14,281,766  for  the  Signal  Service  of 
the  Army. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  181 

purchase,  manufacture,  maintenance,  operation,  and  repair  of  air- 
ships and  other  aerial  machines  and  accessories  necessary  in  the 
Aviation  Section;  and  for  the  purchase,  maintenance,  repair,  and 
operation  of  motor-propelled,  passenger-carrying  vehicles  which  may 
be  necessary  for  the  Aviation  Section.  Act  of  Aug,  29^  1916  {39  Stat, 
622), 

889cc.  Appropriation  for  payment  of  officers  and  enlisted  men  of 
the  Aviation  Section^  Officers^  Reserve  Corps  and  Enlisted  Reserve 
Corps^  when  called  into  active  service, — Of  the  sum  last  above  men- 
tioned $900,000,  or  so  much  thereof  as  may  be  necessary,  will  be 
available  for  paying  and  otherwise  providing  for  such  officers  of 
the  Officers'  Reserve  Corps  of  the  Aviation  Section  of  the  Signal 
Corps  and  such  enlisted  men  of  the  Enlisted  Reserve  Corps  of  the 
Aviation  Section  of  the  Signal  Corps  as  may  be  called  into  active 
service.    Id. 

888d(i.  Appropriation  for  development  of  suitable  type  of  aviation 
motor. — Not  to  exceed  $50,000  of  the  above  sum  will  be  available 
for  the  payment  of  all  expenses  in  connection  with  the  development 
of  a  suitable  type  of  aviation  motor,  under  such  regulations  as  the 
Secretary  of  War  may  prescribe.    Id. 

889ee.  Secretary  of  War  to  receive  officers  and  enlisted  men  of 
Coast  Guard  for  instruction  in  aviation  at  aviation  schools. — At 
the  request  of  the  Secretary  of  the  Treasury  the  Secretaries  of  War 
and  Navy  are  authorized  to  receive  officers  and  enlisted  men  of  the 
Coast  Guard  for  instruction  in  aviation  at  any  aviation  school  main- 
tained by  the  Army  and  Navy,  and  such  officers  and  enlisted  men 
shall  be  subject  to  the  regulations  governing  such  schools.    Id.,  601. 

889ff.  Obtaining  basic  patents  for  ^manufacture  and  development 
of  aircraft. — To  enable  the  Secretary  of  War  and  the  Secretary  of 
the  Navy  to  secure  by  purchase,  condemnation,  donation,  or  other- 
wise, such  basic  patent  or  patents  as  they  may  consider  necessary  to 
the  manufacture  and  development  of  aircraft  in  the  United  States 
and  its  dependencies,  for  governmental  and  civil  purposes,  under 
such  regulations  as  the  Secretary  of  War  and  the  Secretary  of  the 
Navy  may  prescribe,  $1,000,000.    Act  of  Mar.  ^,  1917  {39  Stat.  1169). 

889gg.  Same — Purchase  arrangements  advantageous  to  Govern- 
ment may  be  entered  into. — Such  arrangements  may  be  made  in  re- 
lation to  the  purchase  of  any  basic  patent  connected  with  the  manu- 
facture and  development  of  aircraft  in  the  United  States  as  in  the 
judgment  of  the  Secretary  of  War  and  the  Secretary  of  the  Navy 
will  be  of  the  greatest  advantage  to  the  Government  and  to  the  de- 
velopment of  the  industry.    Id. 

889hh.  Same — Bond  to  be  required  where  validity  of  patents  is  in 
litigation, — In  the  event  there  shall  be  pending  in  court  litigation 


182  MILITARY  LAWS   OF   THE  UNITED  STATES,  1915. 

involving  the  validity  of  said  patent  or  patents,  bond,  with  good  and 
approved  security  in  an  amount  sufficient  to  indemnify  the  United 
States,  shall  be  required,  payable  to  the  United  States,  conditioned 
to  repay  to  the  United  States  the  amount  paid  for  said  patent  or 
patents  in  the  event  said  patent  or  patents  are  finally  adjudged 
invalid.    Id.,  1170. 

889ii.  Consolidation  of  balances  of  appropriation  for  National 
Advisory  Committee  for  Aeronautics. — The  balances  under. the  sev- 
eral items  of  the  appropriation  "  National  Advisory  Committee  for 
Aeronautics,"  carried  in  the  Act  making  appropriations  for  the 
naval  service  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hun- 
dred and  seventeen,  approved  August  twenty-ninth,  nineteen  hun- 
dred and  sixteen,  are  hereby  consolidated  into  a  single  fund  and  may 
be  expended  by  the  committee  for  its  purposes  as  stated  in  the  para- 
graph of  Public  Act  Numbered  Two  hundred  and  seventy-one. 
Sixty- third  Congress,  approved  March  third,  nineteen  hundred,  and 
fifteen,  establishing  the  committee.    Id. 

889jj.  Increase  in  Aviation  Section,  ratings  of  aviation  officers. — 
Officers  detailed  in  or  attached  to  the  aviation  section  of  the  Signal 
Corps  may,  when  qualified  therefor,  be  rated  as  junior  military 
aviators,  military  aviators,  junior  military  aeronauts,  and  military 
aeronauts,  but  no  person  shall  be  so  rated  until  there  shall  have  been 
issued  to  him  a  certificate  to  the  effect  that  he  is  qualified  for  tho 
rating,  and  no  certificate  shall  be  issued  to  any  person  until  an  ex- 
amining board,  which  shall  be  composed  of  two  officers  of  experi- 
ence of  the  aviation  section  of  the  Signal  Corps  and  one  medical 
officer,  shall  have  examined  him  under  general  regulations  to  be  pre- 
scribed by  the  Secretary  of  War  and  published  to  the  Army  by  the 
War  Department,  and  shall  have  reported  to  him  to  be  qualified  for 
the  rating.^    Sec  6,  Act  of  July  ^,  1917  ^0  Stat.  ^U)- 

(For  sections  1  and  2  of  this  act  see  paragraplis  879b-879e,  ante,  and  for 
sections  3  and  4  see  paragraphs  890d-890j,  post.) 

889kk.  Same — length  of  service  for  ratings  of  military  aviator  and 
military  aeronaut^  exception. — No  person  shall  receive  the  rating  of 
military  aviator  or  military  aeronaut  until  he  shall  have  served 
creditably  for  three  years  as  an  aviation  officer  with  the  rating  of  a 

^  Members  of  the  Signal  Officers'  Reserve  Corps  promoted,  appointed,  detailed, 
or  attached  to  the  Aviation  Section  of  the  Signal  Corps  are,  if  they  have  the 
required  experience,  *'  officers  of  experience  of  the  Aviation  Section  of  the  Sig- 
nal Corps"  qualified  to  be  members  of  boards  authorized  to  examine  and 
certify  to  the  qualifications  of  persons  seeking  the  rating  of  aviators  under 
section  6  of  the  act  of  July  24,  1917.     (War  Dept.  Bull.  72,  Dec.  24,  1917.) 

An  officer  of  the  Regular  Army,  rated  as  a  junior  military  aviator,  resigned 
from  the  Army  and  was  thereafter  commissioned  temporary  captain  in  the 
Aviation  Section  of  the  Signal  Corps.  Held,  that  his  rating  before  his  resig- 
nation can  not  be  continued,  his  appointment  as  temporary  captain  being 
from  civil  life.  He  must  qualify  as  a  junior  military  aviator  under  Section  6 
of  the  Act  of  July  24,  1917.     (Dig,  Opin.  J.  A.  G.,  January,  1918.) 


MILITARY   LAWS  OF   THE  UNITED   STATES,  1915.  183 

junior  military  aviator  or  the  rating  of  a  junior  military  aeronaut, 
except  that  in  time  of  war  any  officer  or  enlisted  man  who  specially 
distinguishes  himself  in  active  service  may,  upon  recommendation 
of  the  Chief  Signal  Officer  of  the  Army,  be  rated  as  a  junior  mili- 
tary aviator,  military  aviator,  junior  military  aeronaut,  or  military 
aeronaut  without  regard  to  examination  or  to  length  of  service.    Id. 

88911.  Same — Increase  in  rank  and  fay  of  aviation  officers. — Junior 
military  aeronauts  and  military  aeronauts  shall  be  entitled  to  the 
same  increase  in  rank  and  pay  as  are  now  authorized  by  law  for 
junior  military  aviators  and  military  aviators,  respectively.     Id. 

889mm.  Same — -Increased  pay  while  on  duty  requiri^ig  aerial 
■flights. — Any  officer  attached  to  the  aviation  section  of  the  Signal 
Corps  for  any  military  duty  requiring  him  to  make  regular  and 
frequent  flights  shall  receive  an  increase  of  twenty-five  p€r  centum, 
of  the  pay  of  his  grade  and  length  of  service  under  his  commission. 
Id.,  ?AB. 

889nn.  Rating  of  enlisted  men  in  Aviation  Section. — The  Secretary 
of  War  is  authorized  from  time  to  time  to  cause  such  number  of  the 
enlisted  men  of  the  aviation  section  of  the  Signal  Corps  above  the 
grade  of  corporal  as  he  may  deem  necessary  to  be  rated  as  aviation 
mechanicians  or  as  balloon  mechanicians  in  the  manner  now  pre- 
scribed by  law.     Sec.  7,  id. 

889oo.  Same — Increase  of  pay. — -Balloon  mechanicians  shall  re- 
ceive the  same  increase  of  pay  as  now  prescribed  by  law  for  aviation 
mechanicians.    Id. 

(For  section  8  of  this  act  see  paragraphs  879h,  8791,  ante.) 

889pp.  Purchase,  manufacture,  etc.,  of  airships,  guns,  equipment^ 
huildings,  etc. — During  the  existing  emergency  authority  is  hereby 
given  to  the  President,  through  the  War  Department,  for  the  pur- 
chase, manufacture,  maintenance,  repair,  and  operation  of  airships 
and  other  aerial  machines,  including  instruments  and  appliances  of 
every  sort  and  description  necessary  for  the  operation,  construction, 
or  equipment  of  all  types  of  aircraft,  including  guns,  armament, 
ammunition,  and  all  necessary  spare  parts  and  equipment  connected 
therewith;  and  all  necessary  buildings  for  equipment  and  personnel 
in  the  Aviation  Section  and  for  the  purchase,  maintenance,  repair, 
and  operation,  through  the  Chief  Signal  Officer  of  the  Army,  of  all 
motor-propelled  passenger  and  equipment  carrying  vehicles  which 
may  be  necessary  for  the  Aviation  Section  of  the  Signal  Corps. 
Sec.  9,  id. 

889qq.  Same — E stahUshment  of  aviation  stations,  etc. — During  the 
existing  emergency  authority  is  hereby  further  given  for  the  estab- 
lishment, equipment,  maintenance,  and  operation  of  aviation  sta- 


184  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

tions,  including  (a)  the  acquisition  of  land,  or  any  interest  in  land, 
with  any  buildings  and  improvements  thereon,  by  purchase,  lease, 
donation,  condemnation,  or  otherwise.    Id. 

888rr.  Public  lands  for  temporary ^  harracks^  quarters^  hospitals^  and 
other  huildmgs,  etc. — By  order  of  the  President  any  unappropriated 
or  reserved  public  lands  may  be  reserved  from  entry,  designated,  and 
used  for  such  aviation  stations;  (b)  the  improvement  of  such  land 
by  clearing,  grading,  draining,  seeding,  and  otherwise  making  the 
same  suitable  for  the  purpose  intended;  (c)  the  construction,  main- 
tenance, and  repair  of  permanent  or  temporary  barracks,  quarters, 
hospitals,  mess  houses,  administration,  instructional  and  recreational 
buildings,  hangars,  magazines,  storehouses,  sheds,  shops,  garages, 
boathouses,  docks,  radio  stations,  laboratories,  observation  stations, 
and  all  other  buildings  and  structures  necessary  or  advisable;  (d) 
procuring  and  introducing  water,  electric  light  and  power,  tele- 
phones, telegraph,  and  sewerage  to  aviation  stations  and  buildings 
and  structures  thereon  by  the  extension  of  existing  systems  or  the 
creation  of  new  systems  and  their  maintenance,  operation  and  repair, 
installation  of  plumbing,  electric  fixtures  and  telephones,  fire  appa- 
ratus and  firo.  alarm  systems  and  the  maintenance,  operation  and 
repair  of  all  such  systems,  fixtures  and  apparatus;  (e)  construction 
and  repair  of  roads,  walks,  sea  walls,  breakwaters,  bridges,  and 
wharves,  dredging,  filling  and  otherwise  improving  land  and  water 
sites;  (f)  purchase  of  stoves  and  other  cooking  and  heating  appa- 
ratus, kitchen  and  tableware,  and  furniture  and  equipment  for  kitch- 
ens, mess  halls,  offices,  quarters,  barracks,  hospitals,  and  other  build- 
ings, screens,  lockers,  refrigerators,  and  all  other  necessary  equip- 
ment; (g)  purchase  of  gasoline,  oil,  fuel,  and  all  supplies  of  every 
kind  and  character  necessary  or  advisable  for  maintenance  and  opera- 
tion of  aviation  stations,  including  electric  light  and  power,  tele- 
phones, water  supply  and  sewerage  service;  (h)  purchase  and  manu- 
facture and  installation  of  all  kinds  of  machinery,  tools,  material, 
supplies,  and  equipment  for  construction,  maintenance,  and  repair 
of  aircraft,  buildings,  and  improvements  at  aviation  stations,  or 
property  or  appliances  used  in  connection  with  aviation.    Id. 

(See  paragraph  547c,  ante,  and  1274a-1274j,  post.) 

889ss.  Purchase,  etc.,  of  special  clothing,  apparel,  and  equipment. — 
Also  for  the  purchase  or  manufacture  and  issue  of  special  clothing, 
wearing  apparel,  and  similar  equipment  for  aviation  purposes.  Id., 
21^6. 

889tt.  Expenses  of  officers,  etc.,  on  special  aviation  duty  at  home 
and  abroad. — Also  for  the  actual  and  necessary  expenses  of  officers, 
enlisted  men,*  and  civilian  employees  of  the  Army  and  authorized 

*  Groups  of  enlisted  men  transferred  for  purposes  of  instruction  are  to  be  re- 
garded as  not  traveling  with  troops  within  the  meaning  of  Section  9  of  the  Act 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  185 

agents  sent  on  special  duty  at  home  and  abroad  for  aviation  purposes, 
including  observation  and  investigation  of  foreign  military  opera- 
tions and  organization,  manufacture  of  aircraft,  and  engines.    Id. 

889uu.  Same — Special  courses  in  foreign  aviation  schools  and 
manufacturing  estahlishments. — Also  special  courses  in  foreign  avi- 
ation schools  and  manufacturing  establishments,  to  be  paid  upon  cer- 
tificates of  the  Secretary  of  War  certifying  that  the  expenditures 
were  necessary  for  military  purposes.    Id. 

(For  the  ensuing  provisions  of  this  section  see  paragraph  1293h,  post,  and 
879 j,  879k,  ante.) 

889vv.  Development  of  suitable  types  of  aviation  engines.^  etc. — • 
Also  for  the  payment  of  all  expenses  in  connection  with  the  develop- 
ment of  suitable  types  of  aviation  engines,  airplanes,  and  other  air- 
craft appurtenances,  including  the  cost  of  sample  engines,  airplanes, 
and  appurtenances,  cost  of  any  patents  and  other  rights  therein, 
and  costs  of  investigation,  experimentation,  and  research  in  respect 
thereto.    Id. 

889ww.  Plants.,  etc.,  for  manufacture  of  airplanes.^  aircraft.,  engines., 
etc. — Also  for  the  payment  of  all  expenses  in  connection  with  the 
creation,  expansion,  acquisition,-  and  development  of  plants,  factories, 
and  establishments  for  the  manufacture  of  airplanes,  aircraft,  en- 
gines, and  appurtenances,  including  provision  for  the  purchase  or 
lease  of  land  with  the  buildings  thereon,  construction  of  permanent 
or  temporary  buildings  for  all  purposes,  purchase  of  machinery,  tools, 
and  employment  of  operatives,  together  with  all  administrative  ex- 
penses necessary,  the  purchase  and  supply  of  raw  and  semifinished 
materials  and  of  fuel  and  all  other  things  necessary  for  creating  and 
extending  the  production  of  airplanes,  aircraft,  engines,  and  all  ap- 
purtenances.   Id. 

889xx.  Instructions  to  aviation  students  at  technical  schools  and 
colleges. — Also  for  creating,  maintaining,  and  operating  at  technical 
schools  and  colleges  courses  of  instruction  for  aviation  students,  in- 
cluding cost  of  instruction,  equipment,  and  supplies  necessary  for  in- 
struction and  subsistence  of  students  while  receiving  such  instruc- 
tion.   Id.,  2Jf7. 

(For  the  ensuing  provision  of  this  section  see  paragraph  1261c,  post.) 

889yy.  Mileage  to  officers  and  enlisted  men  of  foreign  armies  serv- 
ivg  loith  Aviation  Section. — During  the  present  emergency,  officers 
and  enlisted  men  of  foreign  armies  attached  to  the  Aviation  Sec- 
tion of  the  Signal  Corps  as  instructors  or  inspectors  when  traveling 
in  the  United  States  on  official  business  pertaining  to  the  Aviation 

of  July  24,  1917,  for  the  Tomporary  Increase  of  the  Signal  Corps ;  accordingly, 
the  travel  expenses  in  such  cases  are  payable  from  the  appropriation  for  the 
Aviation  Section  of  the  Signal  Corps.     (Dig.  Opin.  J.  A.  G.,  January,  1918.) 


186  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

Section  of  the  Signal  Corps  shall  be  authorized,  from  funds  appro- 
priated by  this  Act,  the  same  mileage  and  transportation  allow- 
ances as  are  authorized  for  officers  or  enlisted  men  of  the  Eegular 
Army,    Id, 

889zz.  A  appropriation  for  carrying  into  effect  provisioTi^  of  Act,— 
For  the  purpose  of  carrying  this  Act  into  effect  the  sum  of 
$040,000,000  is  hereby  appropriated  out  of  any  funds  in  the  Treasury 
not  otherwise  appropriated,  to  be  available  until  June  thirtieth,  nine- 
teen hundred  and  eighteen.    Sec.  10,  id. 

AIRCRAFT   BOARD. 

889aaa.  Purpose  for  which  created. — For  the  purpose  of  expanding 
and  coordinating  the  industrial  activities  relating  to  aircraft,  or 
parts  of  aircraft,  produced  for  any  purpose  in  the  United  States, 
and  to  facilitate  generally  the  development  of  air  service,  a  board  is 
hereby  created,  to  be  known  as  the  Aircraft  Board,  hereinafter 
referred  to  as  i\i^  board.    Sec.  1,  Act  of  Oct.  i,  1911  {J^O  Stat.  296). 

889bbb.  Saine — Cmnposition  of  hoard  and  appointment  of  its  chair- 
Tnan  and  civilian  members.— The  board  shall  number  not  more  than 
nine  in  all,  and  shall  include  a  civilian  chairman,  the  Chief  Signal 
Officer  of  the  Army,  and  two  other  officers  of  the  Army,  to  be  ap- 
pointed by  tlie  Secretary  of  War;  the  Chief  Constructor  of  the 
Navy  and  tw^o  other  officers  of  the  Navy,  to  be  appointed  by  the 
Secretary  of  the  Navy ;  and  two  additional  civilian  members.  The 
chairman  and  civilian  mcml^ers  shall  be  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate.     Sec.  ^,  id. 

889ccc.  Same — Tenure  of  hoard  and  office  of  its  members;  com- 
pensation of  civilian  members. — Said  board  and  tenure  of  office  of 
the  members  thereof  shall  continue  during  the  pleasure  of  the  Presi- 
dent, but  not  longer  than  six  months  after  the  present  war.  The 
civilian  members  of  the  board  shall  serve  without  compensation* 
Sec.  S,  id. 

889ddd.  Same — Supervise  and  direct  purchase^  manufacture.^  etCy 
of  aircraft,  and  equipment,  etc—The  Iward  is  hereby  empowered, 
under  the  direction  and  control  of  and  as  authorized  by  the  Secre- 
tary of  War  and  the  Secretary  of  the  Navy,  respectively,  on  behalf 
of  the  Departments  of  War  and  Navy,  to  supervise  and  direct,  in 
accordance  with  the  requirements  prescribed  or  approved  by  the 
respective  departments,  the  purchase,  production,  and  manufacture 
of  aircraft,  engines,  and  all  ordnance  and  instruments  used  in  con- 
nection therewith,  and  accessories  and  materials  therefor,  including 
the  purchase,  lease,  acquisition,  or  construction  of  plants  for  the 
manufacture  of  aircraft,  engines,  and  accessories.    Sec.  4i  id. 


MILITAEY  LAWS  OF   THE   UNITED  STATES,  1915.  187 

889eee.  Same — May  malce  recommendations  as  to  contracts. — Tlie 
board  may  make  recommendations  as  to  contracts  and  their  distribu- 
tion in  connection  with  the  foregoing,  but  every  contract  shall  be 
made  by  the  already  constituted  authorities  of  the  respective  depai1> 
ments.    Id, 

889fff.  Same — Employment  of  clerics^  technical  experts^  advisers^ 
efc.^  pay  of. — The  board  is  also  empowered  to  employ,  either  in  the 
District  of  Columbia  or  elsewhere,  such  clerks  and  other  employees  as 
may  be  necessary  to  the  conduct  of  its  business,  including  such  tech- 
nical experts  and  advisers  as  may  be  found  necessary,  and  to  fix  their 
salaries.  Such  salaries  shall  conform  to  those  usually  paid  by  the 
Government  for  similar  service:  Provided^  That  by  unanimous  ap- 
proval of  the  board  higher  compensation  may  be  paid  to  technical 
experts  and  advisers.    Sec.  5,  id. 

889ggg.  Same — Rent  offices^  purchase  equipment  and  supplies.,  ad- 
ministrative expenses^  etc.^  funds  for. — The  board  may  rent  suitalble 
offices  in  the  District  of  Columbia  or  elsewhere,  purchase  necessary 
office  equipment  and  supplies,  including  scientific  publications  and 
printing,  and  may  incur  necessary  administrative  and  contingent  ex- 
penses, and  for  all  of  the  expenses  enumerated  in  this  paragraph 
there  shall  be  allotted  by  the  Chief  Signal  Officer  of  the  Army  for 
the  fiscal  year  nineteen  hundred  and  seventeen  and  nineteen  hundred 
and  eighteen  the  sum  of  $100,000,  or  so  much  thereof  as  shall  bo 
necessary,  from  any  appropriation  now  existing  for  or  hereinafter 
made  to  the  Signal  Corps  of  the  Army,  and  such  appropriation  is 
hereby  made  available  for  these  purposes.    Id. 

889hhli.  Same — Duplication  of  existing  office  or  organization. — • 
Except  upon  the  joint  and  concurrent  approval  of  the  Secretary  of 
War  and  the  Secretary  of  the  Navy  there  shall  not  be  established 
or  maintained  under  the  board  any  office  or  organization  duplicating 
or  replacing,  in  whole  or  in  part,  any  office  or  organization  now  exist- 
ing that  can  be  properly  established  or  maintained  by  appropriations 
made  for  or  available  for  the  military  or  naval  services.  Id. 
.  889iii.  Same — Annual  report  to  Congress  of  salaries  paid  to  clerhs 
and  employees. — A  report  shall  be  made  to  Congress  on  the  first  day 
of  each  regular  session  of  the  salaries  paid  from  this  appropriation 
to  clerks  and  employees  by  grades,  and  the  number  in  each  such 
grade.     Id. 

890a.  Enlisted  forcCy  composition  of. — The  total  enlisted  strength 
of  the  Signal  Corps  shall  be  limited  and  fixed  from  time  to  time  by 
the  President  in  accordance  with  the  needs  of  the  Army,  and  shall 
consist  of  master  signal  electricians ;  sergeants,  first  class ;  sergeants ; 
corporals;  cooks;  horseshoers;  private,  first  class;  and  privates;  the 
number  in  each  grade  being  fixed  from  time  to  time  by  the  President. 


188  MILITARY  LAWS  OF   THE   UNITED  STATES^  1915. 

The  numbers  in  the  various  grades  shall  not  exceed  the  following 
percentages  of  the  total  authorized  enlisted  strength  of  the  Signal 
Corps,  namely :  Master  signal  electricians,  two  per  centum ;  sergeants, 
first  class,  seven  per  centum;  sergeants,  ten  per  centum;  corporals, 
twenty  per  centum.  The  number  of  privates,  first  class,  shall  not 
exceed  twenty-five  per  centum  of  the  number  of  privates.  Sec.  13, 
Act  of  June  3, 1916  {39  Stat.  176). 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  889u.  For  outhorization  for  one  tliousand  additional  sergeants  for 
detail  from  the  Infantry,  Cavalry,  Field  Artillery,  Corps  of  Engineers,  Coast 
Artillery  Corps,  Medical  Department,  and  Signal  Corps  of  the  Regular  Army, 
witli  corresponding  organizations  of  the  National  Guard,  to  assist  in  the  instruc- 
tion of  its  personnel  and  the  care  of  property,  and  the  similar  detail  of  one 
hundred  additional  sergeants  with  the  disciplinary  organizations  at  the  United 
Stiites  Disciplinary  Barracks,  see  paragraph  1332a.) 

890b.  Same — Organization  of  into  companies^  hattalions^  and  aoro 
squadrons. — Authority  is  hereby  given  the  President  to  organize,  in 
his  discretion,  such  part  of  the  commissioned  and  enlisted  personnel 
of  the  Signal  Corps  into  such  number  of  companies,  battalions,  and 
aero  squadrons  as  the  necessities  of  the  service  may  demand.    Id. 

890c.  Same — May  he  mounted. — Enlisted  men  detailed  for  signal 
duty  shall,  when  it  is  deemed  necessary,  be  mounted  on  horses  pro- 
vided by  the  Government.^    Sec.  1197,  R.  S. 

890d.  Increase  in  enlisted  men  hy  enlistment  or  draft. — To  provide 
the  additional  enlisted  men  required  by  this  Act,  the  President  is 
authorized  to  raise  and  maintain,  by  voluntary  enlistment  or  by  draft, 
such  number  of  enlisted  men  as  he  may  deem  necessary  and  to  embody 
them  into  organizations  hereinafter  provided  for  in  section  four. 
Sec.  3,  Act  of  July  U,  1917  {40  Stat. 


(For  the  preceding  sections  of  this  act  see  paragraphs  879b-879e,  ante.) 

890e.  Same — Age  limits  for  draft. — The  draft  herein  provided  for 
shall  not  apply  to  any  person  under  the  age  of  twenty-one  years  or 
to  any  person  above  the  age  of  thirty-one  years.    Id. 

890f.  Same — Grades  of  chauffeur,  first  class,  and  chauffeur 
created. — The  grades  of  chauffeur,  first  class,  and  chauffeur  are  here- 
by created  in  the  Signal  Corps.    Id.,  244. 

890g.  Same — Pay  and  allowances  of  chauffeurs. — The  pay  and 
allowances  of  a  chauffeur,  first  class,  shall  be  the  same  as  a  sergeant, 
first  class,  in  the  Signal  Corps.  Pay  and  allowances  of  a  chauffeur 
shall  be  the  same  as  a  sergeant  in  the  Signal  Corps.    Id, 

1  The  enlisted  men  mentioned  in  this  section  were  those  detailed  from  the 
battalion  of  Engineers  for  signal  duty  under  section  1196,  R.  S.  The  provision 
may  be  regarded  as  applicable  to  enlisted  men  of  the  Signal  Corps  as  constituted 
under  later  statutes. 


1015.  189 

8901i.  Same — Ranh  of  chauffeurs. — All  chauJffeurs  while  serving  as 
such  shall  rank  with  corporals  of  the  Signal  Corps  and  shall  be  sub- 
ject to  promotion  and  reduction  to  any  other  grade  now  authorized 
in  the  Signal  Corps.     Id. 

890i.  Organization  into  divisions^  hriagdes^  regiments,  etc. — The 
President  is  hereby  authorized  to  appropriately  officer  and  organize 
the  personnel  of  the  Signal  Corps  into  such  number  of  divisions, 
brigades,  regiments,  wings,  squadrons,  battalions,  companies,  and 
flights  as  may  be  necessary,  and  to  increase  or  decrease  the  number 
of  organizations  prescribed  for  the  divisions,  brigades,  regiments, 
wings,  squadrons,  battalions,  companies,  and  flights,  and  to  prescribe 
such  new  and  different  organizations  and  personnel  for  divisions, 
brigades,  regiments,  wings,  squadrons,  battalions,  companies,  and 
flights  as  the  efficiency  of  the  service  may  require.    Sec.  4,  id. 

890j.  Sa?ne — Organization  of  headquarters  and  headquarters  de- 
tachments.— The  President  is  further  authorized  to  organize  such 
headquarters  and  headquarters  detachments  for  divisions,  brigades, 
regiments,  wings,  squadrons,  battalions,  companies,  and  flights  as 
may  be  necessary,  and  to  prescribe  new  and  different  organizations 
for  such  headquarters  and  headquarters  detachments  whenever  the 
efficiency  of  the  service  may  require.^    Id. 

(For  the* ensuing  section  of  tliis  act  see  paragraphs  879f,  879g,  ante.) 

898a.  Collection  of  forwarding  charges  due  connecting  commercial 
or  radio  companies  for  transmission  of  Go'Vernment  business/ 
vouchers  and  claims  for. — Hereafter  the  Signal  Corps,  in  its  opera- 
tion of  military  telegraph  lines,  cables,  or  radio  stations,  is  authorized, 
in  the  discretion  of  the  Secretary  of  War,  to  collect  forwarding 
charges  due  connecting  commercial  telegraph  or  radio  companies  for 
the  transmission  of  Government  radiograms  or  telegrams  over  their 
lines,  and  to  this  end,  under  such  regulations  as  may  be  prescribed 
by  the  Secretary  of  War,  it  can  present  vouchers  to  disbursing  officers 
for  payment  or  file  claims  with  auditors  of  the  Treasury  Depart- 
ment for  the  amount  of  such  forwarding  charges.  Act  of  May  12, 
1917  {40  Stat.  43). 

901a.  Property  returns  to  he  made  semiannually. — The  Act  of  Con- 
gress approved  October  twelfth,  eighteen  hundred  and  eighty-eight, 
entitled  "  An  Act  to  make  enlisted  men  of  the  Signal  Corps  respon- 
sible for  public  property,"  be  amended  so  as  to  read  that  property 
returns  of  the  Signal  Corps  shall  be  rendered  semiannually  or  more 

^  Under  the  act  of  July  24,  1917,  no  authority  is, given  to  enlist  men  In  the 
Signal  Corps  for  musical  purposes  solely  and  on  condition  that  they  shall  not 
be  liable  to  or  eligible  for  general  military  duty  as  soldiers.  War  Dept.  Bull. 
67,  Nov.  30,  1917.) 


190  MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 

often.    Act  of  Apr,  27,  191  j^  {38  Stat.  353),  amending  Act  of  Oct. 
12,1888  {25  Stat.  552). 

901b.  Settlement  of  accounts  hetween  other  hureaus  of  War  De- 
partment, etc.^  and  the  Signal  Corps. — Hereafter  in  the  settlement 
of  transactions  between  appropriations  under  the  Signal  Corps,  or 
between  the  Signal  Corps  and  another  office  or  bureau  of  the  War 
Department,  or  of  any  otlier  executive  department  of  the  Govern- 
ment, payment  therefor  shall  be  made  by  the  proper  disbursing  oiiicer 
of  the  Signal  Corps,  or  of  the  office,  bureau,  or  department  con- 
cerned.   Act  of  Aug.  29, 1916  {39  Stat.  622). 


CHAPTER  XXIII. 


CHAPLAINS. 


Par. 

Chaplains,  appointment  of 902c 

Chaplains  at  large,  number 9{)2d 

Same — Qualifications  as  to  citi- 
zenship     902o 


Par. 

Chnplnins,  appointment  of 902a 

8 :nii(?— Preference  to  be  given  to 
nppHcants  who  have  been  hon- 
orably discharged  from  the 
Army 902b 

902a.  Chaplains^  appointment  of. — The  President  is  authorized  to 
appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  chaphiins 
in  the  Army  at  the  rate  of  not  to  exceed,  including  chaplains  now  in 
service,  one  for  each  regiment  of  Cavalry,  Infantry,  Field  Artillery, 
and  Engineers,  and  one  for  each  one  thousand  two  hundred  officers 
and  men  of  the  Coast  Artillery  Corps,  with  rank,  pay,  and  allowances 
as  now  authorized  by  law.  Sec.  15^  Act  of  June  3,  1916  {39  Stat, 
176). 

902b.  Same — Preference  to  he  given  to  applicants  who  have  been 
lionoraMy  discharged  from  the  Army. — In  appointment  of  chap- 
lains in  the  Ivegular  Army,  preference  and  priority  shall  be  given  to 
applicant  veterans,  if  otherwise  duly  qualified  and  who  shall  not  have 
passed  the  age  of  forty-one  years  at  the  time  of  application,  who 
have  rendered  honorable  war  service  in  the  army  of  the  United 
States  or  who  have  been  honorably  discharged  from  such  Army.    Id. 

902c.  Chaplains^  appointment  of. — The  President  is  authorized  to 
appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  chaplains 
in  the  Army  at  the  rate  of  not  to  exceed,  including  chaplains  now 
in  service,  one  for  each  regiment  of  Cavalry,  Infantry,  Field  Artil- 
lery, and  Engineers,  and  one  for  each  one  thousand  two  hundred 
officers  and  men  of  the  Coast  Artillery  Corps,  with  rank,  pay,  and 
allowances  as  now  authorized  by  law.  Act  of  May  12^  1917  (40 
Stat.  72)  amending  sec.  15,  Act  of  June  3,  1916  {39  Stat.  176). 

902d.  Chaplains  at  large,  number. — The  President  may  appoint  for 
service  during  the  present  emergency  not  exceeding  twenty  chap- 
lains at  large  for  the  United  States  Army  representing  religious  sects 
not  recognized  in  the  apportionment  of  chaplains  now  recognized  by 
Inw.i    Act  of  Oct.  6, 1917  {40  Stat.  394). 

902e.  Same — Qualifications  as  to  citizenship. — No  person  shall  be 
eligible  to  such  appointment  unless, he  be  at  the  time  of  his  appoint- 
ment a  citizen  of  the  United  States.    Id. 

*  First  readers  of  the  Christian  Science  Church  are  eligible  to  appointment  as 
chaplains  at  large  under  the  act  of  October  6,  1917,  authorizing  appointment 
from  religious  sects  not  recognized  in  the  apportionment  of  chaplains  now  recog- 
nized by  law.     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

191 


CHAPTER   XXIV. 


COMMISSIONED  OFFICERS. 


Par. 

Original  appointments  of  second 
lieutenants,  except  cadet 
graduates,  to  be  provisional —    918a 

Officers  appointed  in  Army  in 
time  of  peace  to  be  citizens  of 
United  States 918b 

Tlianks  of  Congress  tendered  to 
certain  officers  of  Army  and 
Navy 927a 

Promotion  of  certain  officers  of 

Army  and  Navy 92Tb 

Same — Certain  officers  to  be  ad- 
vanced one  grade  wlien  placed 
on  retired  list 927c 

Same — Officers  now  on  retired 
list  to  be  immediately  ad- 
vanced one  grade 927d 

Promottons  authorized  by  sec- 
tion 2  of  act  to  temporarily 
increase  the  grades 927e 

Medical  officer  promoted  to  be 
head  of  Medical  Department, 
not  governed  by  law  as  to  de- 
tails       927f 

Same — Rank  of  major  general 
to  cease  and  determine  when 
officer  so  promoted  is  retired-     927g 

Promotions  authorized  not  to 
retard  promotion  to  which 
any  officer  is  entitled  under 
existing  law 927h 

Officers  promoted  to  be  junior 
to  officers  who  now  rank  them 
when  such  officers  reach  same 
grade 927i 

Officers  benefited  by  act  entitled 
to  retirement  at  any  time  on 
application  at  75  per  cent  of 
pay  of  active  rank 927j 

General  officers  of  the  line  who 
were  promoted  for  service  in 

.  constructing  the  Panama  Ca- 
nal to  take  rank  over  officers 
of  same  grades  hereafter  ap- 
pointed     927k 

54208**— 18 13 


Par. 

Detached  Officers'  List 929a-929h 

Creation  of,  for  duty  with  the 
National  Guard,  etc 929a 

Details  in  the  Aviation  Section, 

Signal  Corps 929ai 

Same  —  Proportionate     number 

authorized  for  each  grade 929b 

Same — Vacancies  caused  by, 
above  grade  of  second  lieuten- 
ant, to  be  filled  by  promotion,     929c 

Same — ^Assignment  of  details 
from  each  arm 929d 

Same — Manchu  law  to  govern 
assignments  to 929e 

Same — Vacancies  occurring  after 
original  assignment  to  list, 
filling  of 929f 

Same — Assignment  of  construc- 
tive dates  of  original  commis- 
sion      929g 

Same  —  Senior  officer  in  any 
grade  according  to  construc- 
tive date  of  original  commis- 
sion to  be  considered  senior  in 
that  grade 929h 

Cavalry  increased  by  17  colonels 
and  Infantry  by  4  colonels  to 
equalize    promotions 929i 

Examination  extended  to  pro- 
motion to  all  grades  below 
that  of  brigadier  general 930a 

Same — Character  of  examina- 
tion for  grades  of  major  and 
lieutenant  colonel 930b 

Appointment  from  civil  life,  re- 
commissioning  honorably  dis- 
charged officers,  lineal  and 
relative  rank 931a 

Loss  of  files  on  account  of  in- 
crease of  arm,  corps,  or 
branch,  due  to  suspension 
from  promotion  on  failure  to 
pass  examination,  allowance 
for 931b 

193 


194 


MILITAKY   LAWS   OF    THE    UNITED   STATES,   1915. 


Pai*. 

Trtmsfer,  with  or  without  pro- 
motion, from  one  arm  of  the 
service  to  anotlier  in  order  to 
lessen  inequalities  in  promo- 
tions       935;1 

Ilestrictions  on  detais,  etc.,  of 
ofRcers  and  enlisted  men  of 
Regular  Army  suspended 938$a 

I>etails  in  connection  with  In- 
dian education 942a 

Details    to    industrial    training 

schools  for  Indian  youth 942b 

Snles  of  Army  supplies,  etc.,  to 
military  schools —    951a 

Same — Receipts  to  be  credited 
to  original  appropriations 951b 

Sale  or  ordnance  property  to 
educational  institutions  and 
soldiers'  and  sailors'  orphans' 
homes 951c 

Issue  of  ordnance  and  ordnance 
stores  to  Washington  High 
Scliool  953a 

Issue  of  magazine  rifles,  etc., 
for  target  practice  to  clubs 
and  schools 954a 

Same — Regulations  to  be  pre- 
scribed by  Secretary  of  War_    954b 

Issue  of  quartermaster  stores, 
etc.,  to  schools  for  mainte- 
nance of  military  instruction 
camps  954c 

Issue  of  targets  and  target  ma- 
terials, etc.,  to  rifle  clubs  and 
schools    , 954d 

Detail  of  enlisted  men  of  Army 
as  instructors  in  rifle  practice 
to  organized  rifle  clubs 954e 

Issue  of  ammunition  of  old 
model  to  schools  to  which  is- 
sue of  artillery  is  authorized-    955a 

Target  practice   at   educational 

institutions,   etc 955b 

Transfer  of  retired  officers  to 
active  list 958a-958k 

Under  age  of  50  years  and  not 
above  grade  of  captain 95Sa 

Same — Place  to  which  trans- 
ferred on  fietive  list 95Sb 

Snme — Promotion  after  exami- 
nation      958c 

Oflicers  retired  for  physical  dis- 
ability, transfer  to  active  list-    958d 


Par. 

Same — Oflicers  hertofore  trans- 
ferred entitled  to  benefits  of 
act  -_: 95Se 

Details  for  active  duty,  rank 
and  pay  of  retired  officers  re- 
ceiving        <>58f 

List  of  and  periodical  examina- 
tion of  officers  retired  for  dis- 
ability with  a  view  to  assign- 
ing them  to  active  duty t)58g 

Oflicers  retired  for  services  in 
constructing  Panama  Canal, 
certain  may  be  transferred  to 
active  list .-     95Sh 

Same — Rank,  grade,  and  arm__      J>58i 

Same — Examination  for  trans- 
fer and  for  promotion 958 j 

Same — After  transfer,  subse- 
quent retirement  only  for  age 
or  disability 95.Sk 

F^mployment  of  retired  officers 
in  time  of  war ^ 961a 

Retired  Army  officers  with  cer- 
tain Civil  War  service  may  be 
appointe<l  and  retired  with  in- 
creased rank 9f59a 

Same — Advancement  of  briga- 
dier general  on  the  retired 
list,  with  certain  Civil  War 
service,  one  grade 969b 

Same — Advancement  of  retired 
brigadier  general  who  had 
certain  Civil  War  service  as 
senior  colonel,  etc 960c 

Same — ^Advancement  to  grade 
of  major  general  on  retired 
list  of  retired  officer  who  had 
certa  in  Civil  War  service,  etC-    9G9d 

Same — ^^Idvancement  of  retired 
colonel  one  grade  on  retired 
list  who  had  certain  service 
in  Indian  campaigns,  War 
with  Spain,  etc 969e 

Retired  officer  assigned  to  active 
duty  as  post  commander  dur- 
ing movement  of  troops,  pay 
and  allowances  of ^-     975a 

Assignments  to  active  duty  as 
acting  quartermasters 975b 

Longevity    pay,  computation  ~  to 

include  details  to  active  duty.     975c 

Retired  oflicers  who  have 
served  in  Corps  of  Engineers, 
assignment  to  active  duty —  .    975J 


MILITARY   LAWS   OF   THE   UNITED  STATES,  1915.  195 

918a.  Original  afpointments  of  second  lieutenants^  except  cadet 
graduates^  to  he  provisional. — Hereafter  all  appointments  of  persons 
other  than  graduates  of  the  United  States  Military  Academy  to  the 
grade  of  second  lieutenant  in  the  Regular  Army  shall  be  provisional 
for  a  period  of  two  years,  at  the  close  of  which  period  such  appoint- 
ments shall  be  made  permanent  if  the  appointees  shall  have  demon- 
strated, under  such  regulations  as  the  President  may  prescribe,  their 
suitability  and  moral,  professional,  and  physical  fitness  for  such  per- 
manent appointment,  but  should  any  appointee  fail  so  to  demonstrate 
his  suitability  and  fitness,  his  appointment  shall  terminate;  and 
should  any  officer  become  eligible  for  promotion  to  a  vacancy  in  a 
higher  grade  and  qualify  therefor  before  the  expiration  of  two  years 
from  the  date  of  his  original  appointment,  he  shall  receive  a  pro- 
visional appointment  in  such  higher  grade,  which  appointment  shall 
be  made  permanent  when  he  shall  have  qualified  for  permanent  ap- 
pointment upon  the  expiration  of  two  years  from  the  date  of  his 
original  appointment,  or  shall  terminate  if  he  shall  fail  so  to  qualify,* 
Sec.  23,  Act  of  June  3, 1916  {39  Stat.  181), 

(For  authorization  for  termination  of  provisional  appointments  because  of 
lack  of  suitability  and  fitness  for  permanent  appointments,  see  paragrapii  331c-^, 
ante.) 

918b.  Officers  appointed  in  Army  in  time  of  peace  to  he  citizens  of 
United  States. — No  part  of  the  appropriations  made  in  this  Act  shall 
be  available  for  the  salary  or  pay  of  any  person  hereafter,  in  time 
of  peace,  appointed  an  officer  in  the  Army  who  is  not  a  citizen  of  the 
United  States.*    Act  of  Aug.  29, 1916  (39  Stat.  649). 

927a.  Thanks  of  Congress  tendered  to  certain  o fleers  of  Army  and 
Navy. — The  thanks  of  Congress  are  hereby  extended  to  the  follow- 
ing officers  of  the  Army  and  Navy  of  the  United  States  who,  as  mem- 
bers of  the  late  Isthmian  Canal  Commission,  have  rendered  dis- 

*  The  discharge  of  a  provisional  second  lieutenant  after  six  months'  service 
as  such  was  asked  on  the  ground  that  he  lacked  the  mentality  requisite  for  an 
officer  and  had  demonstrated  that  he  could  never  reach  the  standard  that  should 
be  required  of  an  officer ;  thus  presenting  the  question  whether  the  provisional 
appointment  of  a  second  lieutenant  might  be  terminated  on  account  of  fail- 
ure to  demonstrate  suitability  and  fitness  for  permanent  appointment  prior 
to  the  termination  of  the  two  years  mentioned  in  section  23  of  the  national  de- 
fense act. 

Held,  that  the  word  "provisional"  occurring  in  that  portion  of  section  23  of 
the  national  defense  act  relates  only  to  the  alternative  action  permitted  at  the 
eiul  of  the  period  designated  and  carries  no  authority  to  terminate  the  ap- 
pointment within  that  period ;  that  the  terms  of  the  section  plainly  allow  to  the 
provisional  appointee  a  period  of  two  years  in  which  to  acquire  and  demon- 
strate suitability  and  fitness;  and  that  during  that  period  the  provisional 
appointee  may  be  removed  from  office  only  by  the  same  means  by  which  a 
permanent  officer  may  be  removed.     (War.  Dept,  Bull.  26,  May  7,  1917.) 

^  Held,  that  this  does  not  repeal  the  provisions  of  existing  law  authorizing 
tlie  appointment  of  native  Filipinos  as  officers  of  Philippine  Scouts,  and  of 
native  citizens  of  Porto  Rico  as  officers  in  the  Porto  Rico  regiment.  (War  De- 
partment Bulletin  No.  28,  Aug.  18,  1916). 


196  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

tinguished  service  in  constructing  the  Panama  Canal,  to  wit :  Colonel 
George  W.  Goethals,  chairman  and  chief  engineer;  Brigadier  Gen- 
eral William  C.  Gorgas.  sanitary  expert;  Colonel  H.  F.  Hodges, 
Lieutenant  Colonel  William  L.  Sibert,  and  Commander  H.  H.  Rous- 
seau.   Sec.  1,  Act  of  Mar.  ^  1915  {38  Stat.  1190). 

927b.  Promotion  of  certain  officers  of  Army  and  Navy. — The  Presi- 
dent is  hereby  authorized,  hj  and  with  the  advice  and  consent  of  the 
Senate,  to  advance  in  rank  Colonel  George  W.  Goethals  to  the  grade 
of  major  general  of  the  line,  United  States  Army ;  Brigadier  General 
William  C.  Gorgas  to  the  rank  of  major  general  in  the  Medical  De- 
partment, United  States  Army ;  Colonel  H.  F.  Hodges  and  Lieuten- 
ant Colonel  William  L.  Sibert  to  the  grade  of  brigadier  general  of 
the  line.  United  States  Army;  and  Commander  H.  H.  Eousseau  to 
the  grade  of  rear  admiral  of  the  lower  Nine,  United  States  Navy. 
Sec.  2,  id.  1191. 

927c.  Same — Certain  officers  to  he  advanced  one  grade  when  placed 
on  retired  list. — Such  officers  of  the  Army  and  Navy  as  were  detailed 
for  duty  with  the  Isthmian  Canal  Commission  on  the  Isthmus  of 
Panama  for  more  than  three  years,  and  who  shall  not  have  been 
advanced  in  rank  by  any  other  provisions  of  this  bill,  shall  be  ad- 
vanced one  grade  in  rank  upon  retirement.    Sec.  -5,  id. 

927d.  Same — Officers  now  on  retired  list  to  he  immediately  ad- 
vanced one  grade. — Any  officer  of  the  Army  or  Navy  now  on  the 
retired  list  with  similar  service  shall  be  immediately  advanced  one 
grade  in  rank  on  the  retired  list  of  the  Army  or  Navy.    Id. 

927e.  Promotions  authorized  hy  section  2  of  Act  to  temporarily  in- 
crease  the  grades. — The  numbers  in  such  grades  provided  for  in  sec- 
tions two  and  four^  of  this  Act,  except  where  vacancies  occurring 
in  any  grade  by  the  provisions  of  this  Act  can  be  filled  by  such  officers 
in  a  lower  grade  as  are  entitled  to  the  benefits  of  this  Act,  shall  be 
temporarily  increased  during  the  time  such  offices  may  be  held.  Sec, 
J,  id. 

927f.  Medical  officer  promoted  to  he  head  of  Medical  Department^ 
not  governed  hy  law  as  to  details. — The  officer  who  may  be  advanced 
and  appointed  major  general  in  the  Medical  Department,  United 
States  Army,  shall  thereupon  become  the  head  of  such  department, 
and  the  operation  of  so  much  of  section  twenty-six  of  the  Act  of 
February  second,  nineteen  hundred  and  one,  as  limits  the  term  of 
office  of  the  head  of  the  Medical  Department,  United  States  Army, 
shall  be  suspended  during  the  incumbency  of  the  head  of  the  depart- 
ment who  may  be  appointed  under  this  Act.    Id. 

^  Sec.  4,  authorizes  the  President  to  promote  certain  officers  of  the  Public 
Health  Service  and  is  omitted  from  this  compilation. 


MILITARY  LAWS   OF   THE  UNITED  STATES,  1915.  197 

927g.  Same — Rank  of  major  general  to  cease  and  determine  lohen 
oflcer  so  promoted  is  retired. — Whenever  the  head  of  the  Medical 
Department  appointed  under  the  provisions  of  this  Act  shall  become 
separated  from  the  active  list  of  the  Army,  by  retirement  or  other- 
wise, the  extra  office  or  grade  to  which  he  shall  have  been  so  ad- 
vanced or  appointed  shall  cease  and  determine,  and  thereafter  the 
rank  of  the  head  of  the  Medical  Department,  United  States  Army, 
shall  be  that  of  a  brigadier  general.     Id. 

9271i.  Promotions  authorized  not  to  retard  promotion  to  which  any 
oflcer  is  entitled  under  existing  law. — Nothing  in  this  Act  shall  oper- 
ate to  interfere  with  or  retard  the  promotion  to  which  any  officer 
would  be  entitled  under  existing  law.    Id. 

9271.  Officers  promoted  to  he  junior  to  officers  who  now  rank  them 
when  such  officers  reach  same  grade. — The  officers  advanced  to  higher 
grades  under  this  Act  shall  be  junior  to  the  officers  who  now  rank 
them  under  existing  lav/  when  these  officers  have  reached  the  same 
grade.    Id. 

927j.  Officers  henefted  hy  Act  entitled  to  retirement  at  any  time  on 
application  of  seventy-five  per  centum  of  pay  of  active  rank. — At 
any  time  after  the  passage  of  this  Act  any  officer  of  the  Army  or  Navy 
to  be  benefited  by  the  provisions  of  this  Act  may,  on  his  own  applica- 
tion, be  retired  by  the  President  at  seventy-five  per  centum  of  the 
pay  of  the  rank  upon  which  he  is  retired.    jSec.  6,  id. 

(See  paragraphs  958i-958k,  post.) 

927k.  General  officers  of  the  line  who  were  promoted  for  service  in 
constructing  the  Panama  Canal  to  take  rank  over  officers  of  same 
grades  hereafter  appointed. — The  general  officers  of  the  line  who  were 
appointed  as  such  pursuant  to  the  Act  of  March  fourth,  nineteen  hun- 
dred and  fifteen  (Thirty-eighth  Statutes  at  Large,  page  eleven  hun- 
dred and  ninety-one),  shall  take  rank  in  their  present  grades  over 
all  officers  hereafter  appointed  to  like  grades.  Act  of  Aug.  29,  1916 
{39  Stat.  623). 


929a.  Creation  of.,  for  duty  with  the  National  Guard,  etc. — On  July 
first,  nineteen  hundred  and  sixteen,  the  line  of  the  Army  shall  be  in- 
creased by  eight  hundred  and  twenty-two  extra  officers  of  the  Cav- 
alry, Field  Artillery,  Coast  Artillery  Corps,  and  Infantry  arms  of  the 
service,  of  grades  from  first  lieutenant  to  colonel,  inclusive,  lawfully 
available  for  detachment  from  their  proper  arms  for  duty  with  the 
National  Guard,  or  other  duty,  the  usual  period  of  which  exceeds 
one  year.  Said  extra  officers,  together  with  the  two  hundred  de- 
tached officers  provided  for  by  the  Act  of  Congress  approved  March 


198  MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 

third,  nineteen  hundred  and  eleven,^  shall,  on  and  after  Jnly  first, 
nineteen  hundred  and  sixteen,  constitute  the  Detached  Officers'  List, 
and  all  positions  vacated  by  officers  assigned  to  said  list,  and  the 
officers  so  assigned  shall  be  subject  to  tlie  provisions  of  section  twenty- 
seven  of  the  Act  of  Congress  approved  February  second,  uincieen 
hundred  and  one,  Avith  reference  to  details  to  the  staff  corps.  Sec, 
25,  Act  of  June  3, 1916  {89  Stat.  183). 

929a|.  Details  in  the  Aviation  Section,  Signal  Corps. — Hereafter 
nothing  in  section  twenty-five  of  the  National  Defense  Act  of  June 
third,  nineteen  hundred  and  sixteen,  shall  be  held  to  prevent  tlie  de- 
tail of  an  officer  in  the  aviation  section  of  the  Signal  Corps.  Act  of 
May  12,1917  {J^O  Stat.  Jf3) . 

929b.  Same — Proportionate  nuwher  authorized  for  each  grade. — ■ 
The  total  number  of  officers  hereby  authorized  for  each  grade  on  said 
list  entire  shall  be  in  proportion  to  the  total  number  of  officers  of  tlie 
corresponding  grade  now  authorized  by  law  other  than  this  Act  for 
all  of  the  said  four  arms  combined,  exclusive  of  second  lieutenants 
and  of  the  two  hundred  extra  officers  authorized  by  the  Act  of  Con- 
gress approved  March  third,  nineteen  hundred  and  eleven,^  and  ex- 
clusive also  of  the  additional  officers  authorized  by  the  Act  to  restore 
lineal  rank  lost  through  the  system  of  regimental  promotion  for- 
merly in  force ;  and  the  total  number  of  officers  hereby  authorized  for 
each  grade  in  each  of  said  arms  on  said  list  shall  be  in  the  proportion 
borne  by  the  number  of  officers  now  authorized  by  law  other  than 
this  Act  for  such  grade  and  arm  to  the  total  number  of  officers  now 
authorized  by  law  other  than  this  Act  for  the  corresponding  grade 
in  all  of  the  said  four  arms  combined,  exclusive  of  the  extra  ami 
additional  officers  last  hereinbefore  specified  and  excluded.  Sec.  25, 
Act  of  June  5, 1916  {39  Stat.  1S3). 

(See  paragraph  929f.) 

929c.  Same— Vacancies  caused  hy,  above  grade  of  second  lieutenant, 
to  he  filed  hy  promotion, — All  vacancies  created  or  caused  by  the 
foregoing  provisions  of  this  section  in  grades  above  that  of  second 
lieutenant  shall  be  filled  by  promotion  according  to  law  existing  on 
and  before  the  date  of  approval  of  this  Act,  and  subject  to  the  exami- 
nations prescribed  by  existing  law.     Id. 

929d.  Same — Assignment  of  details  from  each  arm. — As  soon  as 
practicable  after  such  promotions  shall  have  been  made,  there  shall 
be  detached  from  each  arm  and  assigned  to  the  Detached  Officers' 
List  a  number  of  officers  of  each  grade  equal  to  the  number  of  offi- 
cers of  said  grade  by  wdiich  said  arm  shall  have  been  increased  by 
the  foregoing  provisions  of  this  section;  and  thereafter  any  vacancy 
created  or  caused  in  any  of  the  said  arms  of  the  service  by  the  assign- 

*  Paragraph  929,  ante,  or  3G  Stat.  1058. 


MILITARY   LAWS   OF   THE   UNITED   STATES^   1915.  199 

ment  of  an  officer  of  any  grade  to  said  Detached  Officers'  List  shall 
be  filled,  subject  to  siich  examination  as  is  now  or  may  hereafter  be 
prescribed  by  law,  by  the  promotion  of  the  officer  who  shall  be  the 
senior  in  length  of  commissioned  service  of  those  eligible  to  promo- 
tion in  the  next  lower  grade  in  the  arm  in  which  such  vacancy  shall 
occur.     Id, 

929e.  Same — Manchu  law  to  govern  assignments  to. — No  officer  of 
any  of  said  arms  of  the  service  shall  be  permitted  to  remain  on  said 
Detached  Officers'  List  for  more  than  forty-five  days  unless  he  shall 
have  been  actually  present  for  duty  for  at  least  two  j^ears  out  of  the 
last  preceding  six  years  with  an  organization  composed  of  one  or 
more  statutory  units,  or  the  equivalent  thereof,  of  the  arm  to  which 
he  shall  belong.  Any  vacancy  created  in  said  list  by  the  removal 
of  any  officer  therefrom  because  he  shall  not  have  been  present  for 
duty  as  before  prescribed  in  this  proviso  shall  be  filled  by  the  trans- 
fer to  said  list  of  an  officer  having  the  same  grade  and  belonging  to 
the  same  arm  as  the  officer  whose  removal  from  said  list  shall  have 
created  said  vacancy;  but,  except  as  before  prescribed  in  this  pro- 
viso, all  officers  who  shall  have  been  assigned  to  said  list  shall  remain 
thereon  for  not  less  than  four  years  from  the  respective  dates  of  their 
assignment  thereto,  unless  in  the  meantime  they  shall  have  been 
separated  entirely  from  the  Army,  or  shall  have  been  promoted  or 
appointed  to  higher  offices,  or  shall  have  been  retired  from  active 
service.^     Id. 

929f.  Same — Vacancies  occurring  after  original  assignment  to  list, 
filling  of. — After  the  apportionment  of  ofBcers  to  said  Detached  Offi- 
cers' List  shall  have  been  made  as  authorized  by  this  Act,  whenever 
any  vacancy  shall  have  been  caused  in  said  list  by  the  separation  of 
an  officer  of  any  grade  therefrom,  such  vacancy  shall,  except  as  pre- 
scribed in  the  last  preceding  proviso,  be  filled  by  the  detail  and 
assignment  to  said  list  of  an  officer  of  the  corresponding  grade  in  that 
arm  in  which  there  shall  be  found  the  officer  of  the  next  lower  grade 
who  at  that  time  shall  be  the  senior  in  length  of  commissioned  serv- 
ice of  all  the  officers  of  the  said  lovv^er  grade  in  all  of  the  four  arms 
hereinbefore  specified;  if  two  or  more  officers  of  different  arms  shall 

^  Held,  that  while  an  officer's  name  must  be  removed  from  the  Detached 
Officers'  List  when  he  has  not  had  certain  service  with  troops,  it  can  not  other- 
wise be  removed  from  that  list  (except  on  account  of  retirement,  separation 
from  service,  etc.),  until  it  has  been  thereon  for  at  least  four  years;  therefore 
an  ofticers's  name  may  not  be  removed  from  the  Detached  Officers'  List  for  tlie 
purpose  of  detailing  him  to  the  General  Staff  Corps  for  the  reason  that  while 
officers  may,  pursuant  to  various  provisions  of  law,  be  transferred  from  one 
position  to  another,  as  from  line  to  staff  and  vice  versa,  or  from  line  to  De- 
tached Officers'  List  and  vice  versa,  it  is  clear  that  one  officer  may  not  hold 
two  positions  at  the  same  time,  thus :  An  officer  may  not  occupy  a  position  in 
the  line  and  one  in  the  staff  at  the  same  time;  neither  may  he  occupy  a  posi- 
tion on  the  Detached  Officers'  List  and  one  in  the  staff  or  line  at  the  same  time. 
(War  Dept.  Bull.  57,  Dec.  22,  1916.) 


200 

be  found  to  have  equal  seniority  in  length  of  commissioned  serv- 
ice in  said  lower  grade,  the  question  of  seniority  shall  be  decided  by 
their  relative  standing  on  the  list  of  the  commissioned  officers  of  the 
Army.    Id. 

(For  the  next  provision  of  this  section  see  paragraph  929i ;  see  also  paragraph 
929h.) 

929g.  Same — Assignment  of  constructive  dates  of  original  com- 
mission. — In  applying  section  twenty-five  of  the  national  defense  Act 
approved  June  third,  nineteen  hundred  and  sixteen,  the  President 
shall  assign  to  officers  of  the  Army  such  constructive  dates  of  origi- 
nal commission,  from  which  lengths  of  commissioned  service  shall  be 
computed,  as  will  preserve  their  rights  to  promotion  in  accordance 
with  their  relative  order  on  the  lineal  lists  of  their  arms  and  continue 
in  effect  losses  of  files  occasioned  by  sentences  of  courts-martial  or 
failures  to  i^ass  required  examinations  for  promotion,  said  construc- 
tive dates  of  original  commission  to  be  subject  to  change  whenever 
a  change  thereof  may  be  necessary  in  order  to  carry  into  effect  losses 
of  files  hereafter  incurred  by  any  officer  through  a  sentence  of  court- 
martial  or  a  failure  to  pass  a  required  examination  for  promotion. 
Act  of  Aug.  29, 1916  {39  Stat,  623), 

(See  paragraph  929a.) 

929h.  Sam.e — Senior  officer  in  any  grade  according  to  constructive 
date  of  original  commission  to  he  considered  senior  in  that  grade. — • 
In  determining  the  arm  from  which  a  detail  is  to  be  made  to  a  va- 
cancy in  the  detached  officers'  list,  as  provided  in  the  third  proviso 
of  section  twenty-five  of  the  national  defense  Act  approved  June 
third,  nineteen  hundred  and  sixteen,  the  officer  of  any  grade  who  is 
the  senior  in  that  grade  according  to  the  constructive  dates  of  origi- 
nal commission  provided  for  in  the  preceding  proviso  shall  be  con- 
sidered the  senior  in  length  of  commissioned  service  of  all  officers 
of  that  grade.    Id, 

(See  paragraph  929f.) 

9291.  Cavalry  increased  hy  seventeen  colonels  and  Infantry  hy  four 
colonels  to  equalize  promotions. — ^With  a  view  further  to  equalize 
inequalities  in  past  promotions  of  officers  of  the  line  of  the  Army,  on 
July  first,  nineteen  hundred  and  sixteen,  the  Cavalry  shall  be  in- 
creased by  seventeen  colonels,  and  the  Infantry  by  four  colonels,  all 
of  whom  shall  be  additional  officers  in  that  grade,  and  shall  not  bar 
nor  retard  the  promotion  to  which  any  officer  would  be  entitled  if 
the  appointment  of  the  said  additional  officers  had  never  been  au- 
thorized; and  after  July  first,  nineteen  hundred  and  nineteen,  no 
vacancies  occurring  among  the  said  additional  officers  shall  be  filled 


MILITARY   LAWS   OF   THE   UNITED  STATES^   1915.  201 

and  the  offices  so  vacated  shall  cease  and  determine.    Sec.  ^-5,  act  of 
June  3, 1916  {39  Stat.  184). 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  929f,  and  for  the  ensuing  provision  see  paragraph  935a.  For  the 
number  of  regiments  of  Cavalry  and  Infantry  see  paragraph  331a;  for  the 
organization  of  a  Cavalry  regiment  see  paragrapli  1071a ;  and  for  the  organiza- 
tion of  an  Infantry  regiment  see  paragraph  1095a.) 

930a.  Examinations  extended  to  promotions  to  all  grades  helow 

that  of  hrigadicr  general. — The  provisions  of  existing  law  requiring 

examinations  to  determine  fitness  for  promotion  of  officers  of  the 

Army  are  hereby  extended  to  include  promotions  to  all  grades  below 

that  of  brigadier  general.    Sec.  2 4^  Id.  183. 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  931a.) 

930b.  Saine — Character  of  examination  for  grades  of  major  and 
lieutenant  colonel. — Examinations  of  officers  in  the  grades  of  major 
and  lieutenant  colonel  shall  be  confined  to  problems  involving  the 
higher  functions  of  staff  duties  and  command.     Id. 

931a.  Appointment  from  civil  life^  recommissioning  honorably  dis- 
charged officers^  lineal  and  relative  rank  of. — The  President  may  re- 
commission  persons  who  have  heretofore  held  commissions  in  the 
Regular  Army  and  have  left  the  service  honorably,  after  ascertain- 
ing that  they  are  qualified  for  service  physically,  morally,  and  as 
to  age  and  military  fitness;  such  recommissionecl  officers  shall  take 
rank  at  the  foot  of  the  respective  grades  which  they  held  at  the  time 
of  their  separation  from  the  Army.^     Id, 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  331g,  and  for  the  ensuing  provision  see  paragraph  930a.) 

931b.  Loss  of  files  on  account  of  increase  of  arm^  corps.,  or  branch^ 
due  to  suspension  from  promotion  on  failure  to  pass  examnation., 
allowance  for. — When  by  reason  of  increase  in  the  arm,  corps,  or 

^  Held,  that  this  provision  creates -no  new  office,  and  that  a  former  ofRcer  can 
only  be  recommissioned  thereunder  to  fill  an  existing  vacancy.  (64-213.2, 
J.  A.  G.,  Juno  20,  1916.)  Held,  further,  that  this  provision  relates  exclusively 
to  persons  who  are  not  a  part  of  the  Array  and  does  not  apply  to  officers  on  the 
retired  list.  (88-110,  J.  A.  G.,  May  27,  1916.)  Also  held,  that  one  who  prior  to 
the  passage  of  the  national-defense  act  had  honorably  resigned  from  the 
Medical  Corps  while  a  captain  my,  though  he  be  over  30  years  of  age,  be  re- 
commissioned  (that  is,  reappointed)  in  said  corps  under  the  above  provisions 
of  section  24  of  that  act,  without  regard  to  the  requirement  of  section  10 
thereof  that  persons  hereafter  commissioned  in  the  Medical  Corps  shall  be  be- 
tween the  ages  of  22  and  30  years,  the  latter  provision,  in  respect  of  age  at 
least,  being  applicable  to  original  appointments  as  first  lieutenants  in  said 
corps. 

Inquiry  was  made  whether  an  ex-officer  who  had  been  discharged  /for  failure 
to  pass  an  examination  for  promotion,  under  the  act  of  October  1,  1890  (20 
Stat.,  562),  could  be  recommissioned  under  section  24,  supra. 

Held,  that,  since  section  24  requires  "  military  fitness,"  and  since  an  officer 
discharged  under  the  act  of  1890  has  had  his  military  fitness  tested  in  the  most 
complete  manner  possible,  section  24  does  not  contemplate  or  authorize  the 
recommission  of  such  ex-officer.     (War  Dept.  Bull.  15,  Mar.  24,  1917. 


202  MILITAHY  LAWS   OF   THE   UNITED  STATES,  1915. 

branch  of  the  service  in  which  an  officer  is  commissioned  his  loss  of 
files  in  lineal  rank  due  to  suspension  from  promotion  on  account  of 
failure  to  pass  the  required  examination  therefor  exceeds  the  loss  he 
would  have  sustained  if  no  such  increase  had  occurred,  he  shall,  if 
promoted  upon  reexamination,  be  advanced  to  the  position  he  would 
have  occupied  in  the  grade  to  which  promoted  had  no  increase 
occurred.    Act  of  Aug,  29,  1916  {39  Stat.  623,) 

935a.  Transfer,  with  or  loithoiit  'promotion,  from  one  arm  of  the 
service  to  another  in  order  to  lessen  inequalities  in  promotions. — - 
For  the  purpose  of  lessening  as  much  as  possible  inequalities  of 
promotion  due  to  the  increase  in  the  number  of  officers  of  the  line  of 
the  Army  under  the  provisions  of  this  Act,  any  vacancies  created  or 
caused  by  this  Act  in  commissioned  grades  below  that  of  lieutenant 
colonel  in  any  arm  of  said  line  may,  in  the  discretion  of  the  Presi- 
dent and  under  such  regulations  as  he  may  prescribe  in  furtherance 
of  the  purpose  stated  in  this  proviso,  be  filled  by  the  promotion  or 
transfer  without  promotion  of  officers  of  other  branches  of  the  line 
of  the  Army ;  but  no  such  promotion  or  transfer  shall  be  made  in  the 
case  of  any  officer  unless  it  shall  have  been  recommended  by  an  exam- 
ining board  composed  of  five  officers,  senior  in  rank  to  such  officer, 
and  of  the  arm  to  which  the  promotion  or  transfer  of  such  officer 
shall  have  been  proposed,  who,  after  having  made  a  personal  exam- 
ination ^  of  such  officer  and  of  his  official  record,  shall  have  reported 
him  qualified  for  service  in  said  arm  in  the  grade  to  which  his  pro- 
motion or  transfer  shall  have  been  proposed.^  Sec.  25,  Act  of  June 
3,  1916  (39  Stat.  185). 

(See  par.  929i  for  increase  of  17  colonels  of  Cavalry  and  4  colonels  of 
Infantry  to  equalize  inequalities  in  past  promotions  of  officers  of  the  line  of 
the  Army;  see  also  pars.  829a,  929b,  929c,  929d,  929e,  929f,  and  929i  for  the 
preceding  provisions  of  this  section.) 

^On  the  question  whether  section  25  of  the  national-defense  act  of  June  3, 
1916,  in  prescribing  a  "  personal  examination "  by  the  examining  board  "  of 
such  officer  and  of  his  official  record,"  requires  the  bodily  presence  of  the  officer 
before  the  board,  it  being  pointed  out  that  such  interpretation  would  involve  in 
many  cases  extensive  journeys  at  very  great  expense, 

Held,  that  the  word  "  personal "  may  be  used  either  subjectively  or  objec- 
tively; that,  v^ith  reference  to  the  official  record,  the  word  is  evidently  used 
subjectively  and  relates  to  the  board,  and  that  if  the  word  is  so  construed  with 
reference  to  the  officer  it  would  not  require  the  bodily  presence  of  the  candidate. 
As  the  meaning  of  the  term  is  doubtful,  in  deference  to  the  rule  that  where  the 
language  is  doubtful  a  construction  which  gives  it  reasonable  effect  is  preferred 
to  one  which  results  in  very  great  inconvenience  (United  States  v.  Fisher,  2 
Cranch,  286),  the  statute  in  this  case  should  be  construed  so  as  not  to  require 
a  candidate  to  appear  in  person  before  the  board  which  makes  recommendations 
as  to  his  transfer.     (War  Dept.  Bull.  18,  Apr.  6,  1917.) 

^  On  the  question  whether  or  not  an  officer  of  the  line  of  the  Army  may  be 
transferred  to  the  Corps  of  Engineers  under  section  25  of  the  national-defense 
act  of  June  3,  1916,  authorizing  the  transfer  between  branches  of  the  line  of  the 
Army  for  the  purpose  of  lessening  inequalities  of  promotion  due  to  increases 
under  said  act, 

Held,  that  such  transfer  is  not  authorized.  While  engineer  officers  serving 
with  engineer  troops  are  a  part  of  the  line  of  the  Army,  section  22  of  the  act  of 
February  2,  1901,  prescribing  that  "  the  enlisted  force  of  the  Corps  of  Engineers 


1915.  203 

938Ja.  Restrictions  on  details^  etc.^  of  officers  and  enlisted  men  of 
Regular  Army  suspended. — All  existing  restrictions  upon  the  detail, 
detachment,  and  employment  of  officers  and  enlisted  men  of  the 
Eegular  Army  are  hereby  suspended  for  the  period  of  the  present 
emergency.    Sec,  11^  Act  of  May  IS,  1917  (40  Stat.  82). 

(For  the  preceding  section  of  this  act  see  pars.  1GC8,  695b,  695c,  and  for  the 
ensuing  section  see  pars.  129oa-1295d. ) 

942a.  Details  hi  connection  with  Indian  education. — The  Secretary 
of  War  shall  be  authorized  to  detail  an  officer  of  the  Army,  not 
above  the  rank  of  Captain,  for  special  duty  with  reference  to  Indian 
education.    Sec.  7,  Act  of  June  23, 1879  {21  Stat.  35). 

and  the  officers  serving  therewith  shall  constitute  a  part  of  the  line  of  the 
Army,"  they  hold  their  offices  in  the  Corps  of  Engineers  and  are  merely  detailed 
on  duty  with  troops ;  that  such  vacancies  as  may  be  said  to  occur  in  the  com- 
missioned personnel  of  troop  organizations  are  not  filled  by  appointment  to 
office  but  by  the  detail  of  a  person  holding  office  in  the  Corps  of  Engineers; 
and  that  the  transfer  of  a  line  officer  to  the  Corps  of  Engineers  would  not  fill  a 
vacant  office  in  the  line,  but  would  fill  a  vacant  office  in  a  staff  corps.     (Id.) 

Upon  the  question  whether  an  officer  transferred  to  another  arm  under  the 
provisions  of  section  25  of  the  national-defense  act  subsequent  to  May  15,  1917, 
would  be  given  a  place  on  the  lineal  list  of  that  arm  determined  by  his  relative 
rank  on  the  passage  of  the  bill  June  3,  1916,  or  determined  by  his  relative  rank 
at  the  date  of  his  actual  transfer, 

HeJcl,  that  the  purpose  of  the  fifth  proviso  of  section  25  of  the  i\ational- 
defense  act  is  limited  to  lessening  inequalities  of  promotion  due  to  the  increase 
in  the  number  of  officers  of  the  line  of  the  Army  under  the  provisions  of  the 
national-defense  act;  that  the  only  inequalities  of  promotion  which  could  result 
from  the  addition  of  officers  would  be  inequalities  betw^een  arms,  and  not  in- 
equalities between  individuals  within  either  of  the  arms;  that  the  purpose  of 
the  statute,  therefore,  is  to  authorize  transfer  from  the  arm  receiving  tlie 
smaller  increase  to  the  arm  receiving  the  larger  increase,  thus  increasing  the 
promotion  in  one  arm  and  at  the  same  time  decreasing  it  in  the  other,  and  so 
producing  an  equality  or  a  nearer  approach  thereto.  Therefore,  the  statute 
does  not  address  itself  to  equalizing  or  benefiting  the  persons  transferred. 
Equity  dictates,  however,  that  the  regulations  made  by  the  President  for  such 
transfer*  shall  be  equity  to  officers  transferred.  This  has  been  done  by  pre- 
scribing that  the  officer  transferred  shall  retain  his  relative  rank  at  the  date  of 
the  transfer.  The  increases  ajathorized  by  the  national-defense  act  were  by 
the  act  itself  divided  into  increments,  and  it  is  but  a  logical  conclusion  that 
each  increment  should  constitute  a  separate  and  distinct  addition  to  the 
Regular  Army,  except  when  two  or  more  are  added  at  the  same  time,  as  has 
been  those  on  May  15,  1917.  When  the  first  increment  was  added,  certain 
vacancies  which  were  thereby  caused  or  created  on  July  1,  1916,  were  reserved 
for  officers  who  were  to  be  transferred  when  their  eligibility  should  be  deter- 
mined. There  was,  therefore,  nothing  in  the  way  of  assigning  to  those  olRcers 
when  transferred  constructive  dates  of  transfer  corresponding  with  the  vacan- 
cies which  existed  on  the  dates  constructively  adopted  and  were  reserved  for 
those  officers.  All  vacancies  to  v/hich  transfers  might  be  made  which  were 
created  or  caused  by  the  first  increment  have  now  been  filled,  and  there  are 
therefore  no  vacancies  created  or  caused  by  that  increment  to  which  the  trans- 
fer of  an  officer  can  relate  back  in  fixing  a  constructive  date  of  transfer. 
Therefore,  officers  now  transferred  to  another  arm  under  the  proviso  quoted 
must  take  the  relative  rank  which  they  had  when  the  vacancies  to  which  they 
are  transferred  occurred,  thQi-e  being  no  authority  of  law  for  disturbing,  in 
order  to  benefit  officers  transferred  to  vacancies  created  by  other  increments, 
the  relative  rank  established  by  the  completion  of  the  first  increment.  A  dis- 
turbance of  the  relative  rank  established  by  the  completion  of  the  first  incre- 
ment would  not  lessen  the  inequalities  of  promotion  due  to  the  increase  in  the 
mnuber  of  officers  of  the  line  of  the  Army  as  defined  above,  and  therefore 
would  not  come  within  the  purpose  or  authority  of  the  national-defense  act. 
(War.  Dept.  Bull.  49,  Aug.  22,  1917.) 


204  MILITARY  LAWS  OF   THE  UNITED   STATES,  1915. 

942b.  Details  to  industrial-training  schools  for  Indian  youth. — 
The  Secretary  of  War  be,  and  he  is  hereby,  authorized  to  set  aside, 
for  use  in  the  establishment  of  normal  and  industrial  training  schools 
for  Indian  youth  from  the  nomadic  tribes  having  educational  treaty 
claims  upon  the  United  States,  any  vacant  posts  or  barracks,  so  long 
as  they  may  not  be  required  for  military  occupation,  and  to  detail  one 
or  more  officers  of  the  Army  for  duty  in  connection  with  Indian  edu- 
cation, under  the  direction  of  the  Secretary  of  the  Interior,  at  each 
such  school  so  established.     Act  of  July  31,  1882  {22  Stat.  181). 

951a.  Sales  of  Army  supplies,  etc.,  to  military  schools. — Under  such 
regulations  as  the  Secretary  of  War  may  prescribe,  educational  insti- 
tutions to  which  an  officer  of  the  Army  is  detailed  as  professor  of 
military  science  and  tactics  may  purchase  from  the  War  Department 
for  cash,  for  the  use  of  their  military  students,  such  stores,  supplies, 
materiel  of  war,  and  military  publications  as  are  furnished  to  the 
Army,  such  sales  to  be  at  the  price  listed  to  the  Army  with  the  cost  of 
transportation  added.     Act  of  July  17, 1914  {^8  Stat.  612), 

951b.  Same — Receipts  to  he  credited  to  original  appropriations. — 
All  moneys  received  from  the  sale  of  stores,  supplies,  materiel  of 
war,  and  military  publications  to  educational  institutions  to  which  an 
officer  of  the  Army  is  detailed  as  professor  of  military  science  and 
tactics  shall,  respectively,  revert  to  that  appropriation  out  of  which 
they  were  originally  expended  and  shall  be  applied  to  the  purposes 
for  which  they  are  appropriated  by  law.    Id, 

951c.  Sales  of  ordnance  property  to  educational  institutions  and 
soldiers'*  and  sailors''  orphans*  homes. — Sales  of  articles  of  ordnance 
property  are  authorized  to  educational  institutions  and  State  sol- 
diers' and  sailors'  orphans'  homes  for  maintaining  the  ordnance  and 
ordnance  stores  issued  to  them.     Act  of  May  11,  1908  (35  Stat.  125), 

953a.  Issue  of  ordnance  and  ordnance  stores  to  'W ashington  High 
School. — ^The  Secretary  of  War  is  authorized  to  issue,  at  his  discre- 
tion and  under  proper  regulations  to  be  prescribed  by  him,  out  of 
ordnance  and  ordnance  stores  belonging  to  the  Government  and 
which  can  be  spared  for  that  purpose,  such  as  may  appear  to  be  re- 
quired for  military  instruction  and  practice  by  the  students  of  the 
High  School  of  Washington,  District  of  Columbia,  and  the  Secretary 
shall  require  a  bond  in  each  case,  in  double  the  value  of  the  property, 
for  the  care  and  safe-keeping  thereof  and  for  the  return  of  the  same 
when  required.     Joint  Res.  No.  9  of  Feh.  5,  1891  {26  Stat.  1113). 

954a.  Issue  of  magazine  rifles,  etc.,  for  target  practice,  to  cluhs  and 
schools.— The  Secretary  of  War  is  hereby  authorized  to  issue,  without 
expense  to  the  United  States,  for  use  in  target  practice,  United  States 
magazine  rifles  and  appendages  therefor  not  of  the  existing  service 
model  and  not  necessary  for  the  maintenance  of  a  proper  reserve 
supply,  together  with  forty  rounds  of  ball  cartridges  suitable  to  said 


MILITARY  LAWS  OF   THE  UNITED  STATES_,  1915.  205 

arm,  for  each  range  at  Avhich  target  practice  is  had,  not  to  exceed  a 
total  of  one  hundred  and  twenty  rounds  per  year  per  man  participat- 
ing in  target  practice,  to  rifle  clubs  organized  under  the  rules  of  the 
National  Board  for  the  Prom.otion  of  Eifle  Practice  and  to  schools 
having  a  uniformed  corps  of  cadets  and  carrying  on  military  train- 
ing, in  sufficient  number  for  the  conduct  of  proper  target  practice. 
Act  of  Apr,  27,  19U  {38  Stat.  370), 

954b.  Same — Regulations  to  he  prescribed  hy  Secretary  of  War. — 
Issues  of  public  property  under  this  provision  shall  be  made  in  com- 
pliance with  regulations  prescribed  by  the  Secretary  of  War  insuring 
the  designed  use  of  the  property  issued,  providing  against  loss  to  the 
United  States  through  lack  of  proper  care,  and  for  the  return  of  the 
property  when  required,  and  embodying  such  other  requirements  as 
he  may  consider  necessary  adequately  to  safeguard  the  interests  of 
the  United  States.     Id. 

954c.  Issue  of  quartermaster  stores,  etc.,  to  schools  for  maintenance 
of  military  instruction  camps. — The  Secretary  of  War  is  authorized 
to  issue,  at  his  discretion  and  under  such  regulations  as  he  may  pre- 
scribe, such  quartermaster  supplies  and  stores  belonging  to  the  Gov- 
ernment, and  which  can  be  spared  for  that  purpose,  as  may  appear 
to  be  required  for  the  establishment  and  maintenance  of  military  in- 
struction camps  by  the  students  of  any  educational  institution  to 
which  an  officer  of  the  Army  is  detailed  as  professor  of  military 
science  and  tactics ;  and  the  Secretary  of  War  shall  require  a  bond  in 
each  case  in  the  value  of  the  property  for  the  care  and  safekeeping 
thereof  and  for  the  return  of  the  same  when  required.  Act  of  May 
18,1916  {39  Stat.  123). 

954d.  Issue  of  targets  and  target  materials,  etc.,  to  rifle  cluhs  and 
schools. — The  Secretary  of  War  is  hereby  authorized  to  issue,  under 
such  rules  and  regulations  as  he  may  prescribe,  for  use  in  target  prac- 
tice, targets,  target  materials,  and  other  necessary  accessories,  to  rifle 
clubs  organized  under  the  rules  of  the  National  Board  for  the  Pro- 
motion of  Rifle  Practice  and  to  schools  having  a  uniformed  corps  of 
cadets  and  carrying  on  military  training,  in  sufficient  number  for 
the  proper  conduct  of  target  practice.  Act  of  Aug.  29,  1916  {39 
Stat.  643). 

954e.  Detail  of  enlisted  men  of  Army  as  instructors  in  rifle  prac- 
tice to  organized  rifle  clubs. — The  Secretary  of  War,  in  his  discretion, 
and  under  such  regulations  as  he  may  prescribe,  may  authorize  the 
detail  of  enlisted  men  of  the  Army  as  temporary  instructors  in  rifle 
practice  to  organized  rifle  clubs  requesting  such  instruction.  Act  of 
May  12,  1917  {40  Stat.  64)^ 

955a.  Issue  of  ammunition  of  old  model  to  schools  to  which  issue 
of  artillery  is  authorised. — Hereafter  ammunition  of  older  model 


206  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

than  current  may  be  issued  for  the  instruction  in  target  practice  of 
students  at  the  institutions  to  which  the  issue  of  artillery  is  author- 
ized to  the  value  of  not  more  than  five  thousand  dollars  of  original 
cost  in  any  one  year.    Aci  of  Mar.  3, 1909  {35  Stat.  730). 

955b.  Target  practice  at  educational  institutions^  etc. — For  manu- 
facture of  ammunition,  targets,  and  other  accessories  for  small-arms 
and  machine-gun  target  practice  and  instruction ;  marksmen's  medals, 
prize  arms,  and  insignia  for  all  arms  of  the  service;  and  ammuni- 
tion, targets,  target  materials,  and  other  accessories  may  be  issued 
for  small-arms  target  practice  and  instruction  at  the  educational  in- 
stitutions and  State  soldiers'  and  sailors'  orphans'  homes  to  which 
issues  of  small  arms  are  lawfully  made,  under  such  regidations  as 
the  Secretary  of  War  may  prescribe,  provided  the  total  value  of  the 
stores  so  issued  to  the  educational  institutions  and  homes  does  not 
exceed  $30,000  ^     *     *     *,    ^^t  of  Mar.  4, 1915  {38  Stat.  1082). 

TRANSFER  Or  RETIRED  OFFICERS  TO  ACTIVE  LIST* 

958a.  Under  age  of  fifty  years ^  and  not  above  grade  of  captain. — 
Hereafter  the  President  be,  and  he  is  hereby,  authorized,  by  and 
with  the  advice  and  consent  of  the  Senate,  to  transfer  to  the  active 
list  of  the  Army  any  officer  under  fifty  years  of  age  and  with  rank 
not  above  that  of  captain  who  may  have  been  transferred  heretofore 
or  who  may  be  transferred  hereafter  for  physical  disability  from 
the  active  to  the  retired  list  of  the  Army  by  the  action  of  any  retiring 
board.    Act  of  Mar.  4,  1915  {38  Stat.  1068). 

958b.  Sam^ — Place  to  which  transferred  on  active  list. — Such 
officer  shall  be  transferred  to  the  place  on  the  active  list  which  he 
would  have  had  if  he  had  not  been  retired,  and  shall  be  carried  as  an 
additional  number  in  the  grade  to  which  he  may  be  transferred  or  at 
any  time  thereafter  promoted.^    Id. 

958c.  Same — Promotion  after  examination. — Such  officer  shall 
stand  a  satisfactory  medical  and  professional  examination  for  i^ro- 
motion  as  now  provided  for  by  law.    Id. 

'Similar  provision  in  act  of  April  27,  1914  (38  Stat.  370). 

*A  retired  officer  of  the  Army  in  the  grade  of  first  lieutenant  was  transferred 
to  the  active  list  March  22,  1917,  "  with  the  rank  of  captain  of  Infantry  from 
July  1,  1916,"  under  the  provisions  of  the  act  approved  March  4,  1915  (38  Stat., 
1068),  which  authorizes  the  transfer  of  retired  officers  to  the  place  on  the  active 
list  which  they  would  have  had  had  they  not  been  retired.  The  oflicer  duly 
accepted  his  commission  as  captain,  and  thereupon  the  question  was  presented 
whether  he  was  entitled  to  the  difference  in  pay  between  the  grades  of  first 
lieutenant  and  captain  commencing  July  1,  1916,  the  time  from  which  his  rank 
as  captain  dated  under  the  order  transferring  him  to  the  active  list. 

lleXd,  that  the  date  when  the  officer  accepted  his  commission  as  captain,  and 
thereby  became  invested  with  the  office,  was  the  date  when  the  pay  as  captain 
commenced,  and  not  before,  since  the  rate  of  pay  is  attached  to  the  office  and 
not  to  the  rank  which  the  officer  has. 

(Comp.  of  the  Treas.,  May  3,  1917.     War  Dept.  Bull.  34,  June  8,  1917.) 


MILITARY  LAWS   OF   THE   U^-ITED  STATES,  1915.  207 

958d.  Officers  retired  for  physical  disahility^  transfer  to  active 
list. — The  President  be,  and  he  is  hereby,  authorized  within  two 
years  ^  of  the  approval  of  this  act,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  transfer  to  the  active  list  of  the  Army  any 
officer  who  may  have  been  transferred  heretofore  for  physical  dis- 
ability from  the  active  to  the  retired  list  of  the  Army  by  the  action 
of  any  retiring  board.    Id. 

958e.  Same — Officers  heretofore  transferred  entitled  to  henefits  of 
Act. — Any  officer  who  may  have  already  been  transferred  from  the 
retired  list  to  the  active  list  shall  receive  the  benefits  of  this  act. 
Id.  1069. 

958f.  Details  for  active  duty.,  rank  and  pay  of  retired  officers  re- 
ceiving.— ^Hereafter  any  retired  officer,  who  has  been  or  shall  be  de- 
tailed on  active  duty,  shall  receive  the  rank,  pay,  and  allowances  of 
the  grade,  not  above  that  of  major,  that  he  would  have  attained  in 
due  course  of  promotion  if  he  had  remained  on  the  active  list  for  a 
period  beyond  the  date  of  his  retirement  equal  to  the  total  amount  of 
time  during  which  he  has  been  detailed  on  active  duty  since  his 
retirement.2    Sec.  2^,  Act  of  June  3, 1916  {39  Stat.  183). 

(For  provision  of  tl/is  section  immediately  preceding  this  paragraph  see 
paragraph  961a.  In  determining  rights  of  officers  under  this  paragraph,  see 
paragraph  10S4a  for  provision  that  officers  retired  before  the  separation  of  tlie 
Field  Artillery  from  the  Coast  Artillery  shall  be  regarded  as  having  belonged 
to  the  Field  Artillery.) 

9§8g.  List  of  and  periodical  examination  of  officers  retired  for  dis- 
ability ivith  a  vieio  to  assigjiing  them  to  active  duty. — The  Secretary 
of  War  shall  make  a  list  of  all  officers  of  the  Army  who  have  been 
placed  on  the  retired  list  for  disability  and  shall  cause  such  officers 
to  be  examined  at  intervals  as  may  be  advisable,  and  such  officers  as 
shall  be  found  to  have  recovered  from  such  disabilities  or  to  be  able 
to  perform  service  of  value  to  the  Government  sufficient  to  warrant 
such  action  shall  be  assigned  to  such  duty  as  the  Secretary  of  War 
may  approve.    Act  of  A?^g.  29, 1916  {39  Stat.  629). 

^  See  958b  as  to  place  to  be  occupied  on  active  list  and  958c  as  to  examination 
prior  to  promotion. 

^  Held,  that  the  act  of  June  3,  1916,  does  not  expressly,  or  by  necessary  im- 
plication, repeal  or  modify  any  part  of  the  act  of  March  2,  1903,  and  that  as  the 
latter  act  expressly  provides  that  time  after  retirement  shall  not  be  counted  for 
longevity  purposes,  officers  coming  within  the  provision  in  question  of  the  act 
of  June  3,  1916,  are  not  entitled  to  any  higher  pay  in  the  grade  that  they  would 
have  attained  in  due  course  of  promotion  if  they  had  remained  on  the  active 
list  than  the  pay  of  such  higher  grade  computed  on  the  length  of  their  sei*vice 
at  the  time  of  their  retirement. 

(Comp.  Treas.,  July  28,  1916.    War  Dept.  Bull.  28,  1916.) 

Held,  that  service  of  a  retired  olficer  under  a  commission  in  the  yolunteei*s 
during  the  Spanish-American  War  could  not  be  counted  for  the  purpose  of 
advancement  in  grade  under  section  24  of  the  national  defense  act,  last  sentence, 
which  applies  only  to  officers  '*  detailed  to  active  duty."  (War  Dept.  Bull.  39, 
<Xt.  6,  1916.) 


208  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

9581i.  Officers  retired  for  services  in  constructing  Panama  Canal^ 
certain  may  he  transferred  to  active  list. — Hereafter  the  President 
be,  and  he  is  hereby,  authorized,  within  one  year  of  the  approval  of 
this  Act,  by  and  with  the  advice  and  consent  of  the  Senate,  to  trans- 
fer, upon  application,  to  the  active  list  of  the  Army  any  officer  under 
fifty  years  of  age  who  may  have  been  transferred  heretofore  from  the 
active  to  the  retired  list  of  the  Army  under  the  Act  to  provide  for 
recognizing  the  services  of  certain  officers  of  the  Army,  Navy,  and 
Public  Health  Service  for  their  services  in  connection  with  the  con- 
struction of  the  Panama  Canal,  and  for  other  purposes,  approved 
March  fourth,  nineteen  hundred  and  fifteen.^  Act  of  Feh.  23^  1917 
{39  Stat.  937). 

9581.  Same — Rank^  grade^  and  arm. — Such  officers  shall  take  rank 
at  the  foot  of  the  respective  grades  which  they  held  at  the  time  of 
their  retirement  and  shall  be  carried  as  an  additional  number  in  the 
grade  to  which  he  may  be  transferred  or  at  any  time  thereafter  pro- 
moted, and  shall  be  promoted  on  the  same  date  as  the  officer  next 
above  him  in  rank,  and  shall  be  commissioned  in  the  arm  or  depart- 
ment of  the  Army  from  which  he  was  retired.    Id. 

958j.  Sam,e — Examination  for  transfer  and  far  froraotlon. — Such 
officer  shall  stand  a  satisfactory  medical  examination,  and  when  pro- 
moted shall  stand  the  medical  and  professional  examinations  pro- 
vided for  by  law.     Id, 

958k.  Same — After  transfer^  subsequent  retirement  only  for  age 
or  disability. — Any  officer  transferred  to  the  active  list  under  this 
Act  shall  not  again  be  entitled  to  the  benefits  of  the  Panama  Canal 
Act  described  above,  except  when  retired  for  age  or  for  physical  dis- 
ability incurred  in  the  line  of  duty.    Id. 

961a.  Employment  of  retired  officers  in  time  of  war. — ^In  time  of 
.war  retired  officers  of  the  Army  may  be  employed  on  active  duty,  in 
the  discretion  of  the  President,  and  when  so  employed  they  shall  re- 
ceive the  full  pay  and  allowances  of  their  grade.^  Sec.  2^^  Act  of 
June  3, 1916  (39  Stat.  183) . 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  930b,  and  foi-  the  ensuing  provision  see  paragraph  958f.) 

*  See  paragraphs  927a-927k,  ante. 

^  Held,  tliat  tliis  provision  supersedes  previous  statutes  governing  tlie  pay 
of  retired  officer  assigned  to  active  duty  in  time  of  war  and  that  under  such 
provision  all  retired  officers  of  the  Army  placed  on  active  duty  in  time  of  war 
are  entitled  to  the  full  pay  and  allowances  of  their  grades ;  but  it  has  reference 
only  to  such  officers  as  are  specifically  assigned  to  active  duty  of  a  strictly 
military  character  under  said  provision,  and  does  not  apply  to  those  detailed 
as  instructors  in  educational  institutions.  (23  Comp.  Treas.,  577  id.,  605.  War 
Dept.  Bull.  34,  June  8,  1917.) 

Held,  that  as  retired  officers  ordered  to  active  duty  under  this  statute  are 
entitled  to  active  duty  pay  only  when  "  employed  on  active  duy,"  full  pay 
and  airowances  do  not  begin  to  accrue  until  the  officer  starts  to  obey  his  orders 
placing  him  on  active  duty.     (War  Dept.  Bull.  54,  Sept.  30,  1917.) 


MILITAKY   LAWS   OF   THE   UNITED  STATES,  1915.  209 

969a.  Retired  Army  officers^  with  certain  Civil  War  service^  may  he 
appointed  and  retired  with  increased  rank. — The  President  be,  and 
he  is  hereby,  authorized  to  appoint,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  any  brigadier  general  of  the  Army  on  the  retired 
list  who  has  held  the  rank  and  command  of  major  general  of  Volun- 
teers and  performed  the  duties  incident  to  that  grade  in  time  of 
actual  warfare,  and  has  been  honorably  discharged,  and  who  served 
with  credit  in  the  Regular  or  Volunteer  forces  during  the  Civil  War 
prior  to  April  ninth,  eighteen  hundred  and  sixty-five,  to  the  grade 
of  major  general  in  the  United  States  Army  and  place  him  on  the 
retired  list  with  the  pay  of  brigadier  general  on  the  retired  list ;  and 
any  officer  now  on  the  retired  list  of  the  Army  who  served  with  credit 
for  more  than  two  years  as  a  commissioned  officer  of  Volunteers 
during  the  Civil  War  prior  to  April  ninth,  eighteen  hundred  and 
sixty-five,  and  who  subsequently  served  with  credit  for  more  than 
forty  years  as  a  commissioned  officer  of  the  Regular  Army,  including 
service  in  command  of  troops  in  five  Indian  campaigns,  the  War 
with  Spain,  and  the  Philippine  insurrection,  and  to  whom  the  con- 
gressional medal  of  honor  for  most  distinguished  conduct  in  action 
has  been  twice  awarded,  and  who  has  also  been  brevetted  for  con- 
spicuous gallantry  in  action,  and  place  him  on  the  retired  list  of  the 
Army  with  the  rank  and  retired  pay  of  one  grade  above  that  actually 
held  by  him  at  the  time  of  his  retirement  from  active  service  in  the 
Regular  Army.    Act  of  Mar.  4, 1915  {38  Stat.  1084), 

969b.  Same — Advancement  of  brigadier  general  on  the  retired  list, 
with  certain  Civil  War  service,  one  grade. — The  President  be,  and  he 
is  hereby,  authorized  to  appoint  to  the  grade  of  major  general  on 
the  retired  list  of  the  Army  any  brigadier  general  now  borne  on  said 
list  who  served  with  credit  in  the  Army  throughout  both  the  Civil 
War  and  the  War  with  Spain,  as  well  as  during  the  interval  between 
said  wars,  and  who,  being  a  general  officer,  exercised  with  efficiency 
and  gallantry  the  command  of  a  brigade  or  of  a  higher  unit  in  action 
or  in  actual  operations  against  an  enemy,  and  who  in  consideration 
of  services  so  rendered  was  recommended  to  be  a  major  general, 
United  States  Volunteers,  by  the  commanding  general  of  the  Army, 
as  shown  by  the  records  of  the  War  Department.  Act  of  Aug.  29, 
1916  {39  Stat.  69.8). 

969c.  Seme — Advancement  of  retired  brigadier  general  who  had 
certain  Civil  War  service  as  senior  colonel,  and  so  forth. — Any  briga- 
dier general  on  the  retired  list  who  as  senior  colonel  commanded  with 
credit  a  brigade  or  higher  unit  in  the  Civil  War,  though  not  so  recom- 
mended, may  be  advanced  in  grade  as  authorized  by  this  paragraph 
if  he  fulfills  the  other  requirements  thereof.  Id, 
54208°— 18 14 


210  MILITARY  LAWS  OP   THE   UNITED  STATES,  1915. 

969d.  SaTTve — Advancement  to  grade  of  major  general  on  retired 
list  of  retired  officer  who  had  certain  Civil  War  service^  etc. — The 
President  be,  and  he  is  hereby,  authorized  to  appoint  and  place  on 
tlie  retired  list  of  the  Army  with  the  rank  of  major  general  any 
officer  on  the  retired  list  who  served  not  less  than  one  ^ear  in  the 
Regular  or  Volunteer  forces  of  the  United  States  during  the  Civil 
AVar  prior  to  April  ninth,  eighteen  hundred  and  sixty-five,  and  who 
was  honorably  discharged  therefrom,  who  has  since  served  not  less 
than  forty  years  as  a  commissioned  officer  of  the  Regular  Army,  and 
who  was  the  last  Civil  War  veteran  on  the  active  list  of  the  Army 
for  over  two  years  before  retirement  and  had  ranked  every  general 
officer  on  the  active  list  in  length  of  service  when  he  retired.    Id. 

969e.  Same — Advancement  of  retired  colonel  one  grade  on  retired 
list  who  had,  certain  service  in  Indian  campaigns^  irar  with  Spain, 
etc. — The  President  be,  and  he  is  hereby,  authorized  to  appoint  any 
colonel  of  the  Army  on  the  retired  list  who  before  retirement  served 
more  than  forty-five  years  and  six  months,  including  sixteen  years 
in  the  line  of  the  Army,  who  held  command  in  the  line  or  staff  over 
nine  and  a  half  years,  who  received  campoign  badges  for  service  ia 
four  Indian  campaigns  and  in  the  War  with  Spain  and  the  Philip- 
pine insurrection,  and  who  was  recommended  by  the  commanding 
general  in  time  of  war  or  insurrection  for  appointment  to  the  grade 
of  general  officer  in  the  Volunteer  Army,  to  the  grade  of  brigadier 
general  on  the  retired  list:  Provided,  That  such  officer  did  not  receive 
advanced  grade  upon  retirement  nor  has  since  received  any  advance 
over  the  grade  held  at  the  date  of  retirement.     Id  G27. 

975a.  Retired  officer  assigned  to  active  duty  as  post  commander 
during  movement  of  troops.,  pay  and  allowances  of. — When  by  rea- 
son of  the  movement  of  troops  a  post  is  temporarily  left  without  its 
regular  garrison  and  with  no  commissioned  officer  except  of  the 
l^ledical  Reserve  Corps  on  duty  thereat,  the  Secretary  of  War  may 
assign  a  retired  officer  of  the  Army,  with  his  consent,  to  active  duty 
in  charge  of  such  post.  The  officer  so  assigned  shall  perform  the 
duties  of  commanding  officer  and  also  any  necessary  staff  duties  at 
such  post,  and  shall,  while  in  the  performance  of  such  duties,  receive 
the  full  pay  and  allowances  of  his  grade,  subject  to  the  limitations 
imposed  by  the  act  of  March  second,  nineteen  hundred  and  five,*  and 
the  Act  of  June  twelfth,  nine  hundred  and  six,*  which  limitations 
shall  include  the  grades  of  brigadier  general,  major  general,  and 
lieutenant  general.     Id.  627. 

875b.  Assignments  to  active  duty  as  acting  quartermasters. — As- 
signments which  have  been,  or  may  hereafter  be  made,  of  retired 
officers  of  the  Army  to  active  duty  as  acting  quartermasters  shall  be 

*  See  paragraphs  974  and  975. 


MILTTART  LAWS  OF  TETB  UNITED  STATES,  1915.  211 

regarded  as  assignments  to  staff  duties  not  involving  service  with 
troops  within  the  meaning  of  the  Act  of  Congress  approved  April 
twent3^-third,  nineteen  hundred  and  four.^  Act  of  May  12^  1917  {Jfi 
Stat.  JfS). 

975c.  Longevity  pay^  compvtat'ion  to  include  details  to  active 
dvty. — Hereafter  any  retired  ofTicer  of  the  Army  who  has  been  de- 
tailed to  active  duty,  and  who  has  since  his  retirement,  served  on 
active  detail  shall  be  entitled  to  increases  of  longevity  pay  to  be  com- 
puted as  provided  by  existing  statute  for  the  computation  of  longev- 
ity pay,  for  the  time  of  his  service  before  retirement  and  on  active 
detail  since  his  retirement.*    Id, 

975d.  Retired  officers  who  have  served  in  Corps  of  Engineers^  as- 
signment to  active  duty. — When  retired  officers  of  the  Army,  any 
portion  of  whose  active  service  was  in  the  Corps  of  Engineers, 
are  called  back  into  active  service  they  shall  be  eligible  to  fill 
any  position  required  by  law  to  be  filled  by  an  officer  of  the  Corps 
of  Engineers.    Joint  Resolution  of  June  15, 1917,  {40  Stat.  231). 


*  See  parafrrnph  958.  ante,  or  33  Stat  264. 

*  Held,  th;it  under  this  legislation,  which  is  to  be  read  in  connection  with  the 
Insr  proviso  of  section  24,  national-ilefense  net  of  .Tune  3,  191G.  retireil  ofhc-ers 
coming  within  its  operation  nre  entitle<l  to  increases  of  lonj^evity  pay,  on 
account  «»f  active  service  rendered  since  retirement,  not  only  while  ou  such 
active  duty  hut  also  after  they  have  been  relieve<l  from  such  duty. 

Held  further,  that  the  net  in  question  deals  also  with  allowance  of  lonjrevity 
credit  for  all  active  .service  rendered  by  such  oflicers  since  retirement,  includ- 
ing' any  such  .service  rendered  l>efore  the  passage  of  tl)e  act  of  May  12,  1917. 
(Cump.  Treas.,  June  7,  1917;  War  DepL  Bull.  49,  Aug.  22,  1917.) 


CHAPTER   XXV. 


BREVETS— UNIFORM  AND  TITLE  OF  EX-OFFICERS— 
MEDALS  OF  HONOR— CERTIFICATES  OF  MERIT— FOR- 
EIGN  DECORATIONS. 


Par. 

Uniform lOlOa-lOlOf 

Unlawful  for  unauthorized  per- 
sons to  wear,  of  Army,  Navy, 
or  Marine  Corps 1010a 

Same — Not  applicable  to  certain 
organizations  and  persons 1010b 

Same — Uniform  for  the  Na- 
tional Guard,  military  socie- 
ties, and  instructors  or  mem- 
bers of  cadet  corps  to  bear  dis- 
tinctive mark  or  insignia 1010c 

Same — Members  of  military  so- 
cieties and  instructors,  and 
members  of  cadet  corps  not  to 
wear  insignia  of  rank  of  offi- 
cers of  Army,  etc lOlOd 

Same — Penalty  for  violation  of 
provisions  of  section lOlOe 

Same — Provisions  extended  to 
Coast  Guard lOlOf 

Medals  of  Honor 1013a-1014m 

Authorization  of,  for  noncom- 
missioned officers  and  pri- 
vates   1013a 

Bronze  medals  to  volunteers  for 
services  in  suppressing  Philip- 
pine insurrection 1013b 

Same — Appropriation  for 1013c 

Army  and  Navy  Medal  of  Honor 

roll 1014a-1014h 

Establishment  of,  etc 1014a 

Same — Duty  of  Secretary  of 
War,  etc.,  to  carry  act  into 
effect  and  issue  certificates  to 
applicants »_ 1014b 


Par. 

Same — Special  pension  of  $10 
per  month  to  each  person 
whose  name  is  placed  on  roll-  1014c 

Same — Date  of  beginning  and 
continuation  of 1014d 

Same — To  be  additional  to  pen- 
sion which  beneficiary  may  re- 
ceive under  any  other  law 1014e 

Same — Not  subject  to  taxes  or 
any  civil  process 1014f 

Same — Holder  of  two  or  more 
medals  entitled  to  but  one 
special  pension ;  rank  in  serv- 
ice not  to  be  considered 1014g 

Same — Allowances  to  be  paid 
from  appropriations  for  inva- 
lid pensions 1014h 

Board  to  investigate  awards  of 

medals  of- honor 10141-101 4m 

Composition  of  board,  etc 10141 

Same — Name  of  recipient  to  be 
stricken  from  medal  of  honor 
list  on  finding  of  board 1014J 

Misdemeanor  for  recipient  to 
publicly  wear  or  display 
medal  after  name  Is  stricken 
from  list 1014k 

Board  given  access  to  records 
of  War  Department 10141 

Actual  expenses  of  board  pay- 
able from  contingencies  of 
Army  for  War  Department—  1014m 


213 


214  MILITABY  LAWS  OF  THE  UNITED  STATES,  1915. 

UNIFORM. 

1010a.  Unlawful  for  unauthorized  persons  to  wear^  of  Army^  Navy^ 
or  Marine  Corps. — It  sliall  be  unlawful  for  any  person  not  an  officer 
or  enlisted  man  of  the  United  States  Army,  Navy,  or  ^Marine  Corps 
to  wear  the  duly  prescribed  uniform  of  the  United  States  Army, 
Navy,  or  Marine  Corps,  or  any  distinctive  part  of  such  uniform,  or  a 
uniform  any  part  of  w  liich  is  similar  to  a  distinctive  part  of  the  duly 
prescribed  uniform  of  the  United  States  Army,  Navy,  or  Marin© 
Corps.     Sec.  125,  Act  of  June  3, 1016  (39  Stat.  216). 

1010b.  Same — Not  applicable  to  certain  organizations  and  per- 
sons.— The  foregoing  provision  shall  hot  be  construed  so  as  to  pre- 
vent officers  or  enlisted  men  of  the  National  Guard  from  wearing,  in 
pursuance  of  law  and  regulations,  the  uniform  lawfully  prescribed 
to  be  worn  by  such  officers  or  enlisted  men  of  the  National  Guard; 
nor  to  prevent  members  of  the  organization  known  as  the  Boy  Scouts 
of  America,  or  the  Naval  Militia,  or  such  other  organizations  as  the 
Secretary  of  War  may  designate,*  from  wearing  their  prescribed 
unifor;ns;  nor  to  prevent  persons  who  in  time  of  war  have  served 
honorably  as  officers  of  the  United  States  Army,  Navy,  or  Marine 
Corps,  Regular  or  Volunteer,  and  whose  most  recent  service  was 
terminated  by  an  honorable  discharge,  muster  out,  or  resignation, 
from  wearing,  upon  occasions  of  ceremony,  the  uniform  of  the  high- 
est grade  they  have  held  by  brevet  or  other  commission  in  such 
Eegular  or  Volunteer  service;  nor  to  prevent  any  person  who  has 
been  honorably  discharged  from  the  United  States  Army,  Navy,  or 
Marine  Corps,  Eegular  or  Volunteer,  from  wearing  his  uniform  from 
the  place  of  his  discharge  to  his  home,  within  three  months  after  the 
date  of  such  discharge;  nor  to  prevent  the  members  of  military 
societies  composed  entirely  of  honorably  discharged  officers  or  en- 
listed men,  or  both,  of  the  United  States  Army,  Navy,  or  Marine 
Corps,  Regular  or  Volunteer,  from  wearing,  upon  occasions  of  cere- 
mon}^  the  uniform  duly  prescribed  by  such  societies  to  be  worn  by 
the  members  thereof;  nor  to  prevent  the  instructors  and  members  of 
the  duly  organized  cadet  corps  of  a  State  university.  State  college,  or 
public  high  school  offering  a  regular  course  in  military  instruction 
iTom  wearing  the  uniform  duly  prescribed  by  the  authorities  of  such 
university,  college,  or  public  high  school  for  wear  by  the  instructors 
and  members  of  such  cadet  corps;  nor  to  prevent  the  instructors  and 

^  Held,  thjjt,  as  the  organizations  that  are  expressly  named  as  excepted  are 
either  niilitnry  or  quasi-military,  and  in  view  of  the  rule  of  nssoc-iated  M-ords.  it 
was  the  intention  of  Con^j:ress  that  the  Secretary  of  War's  authority  to  desig- 
nate other  or^'aiiizations  should  he  limited  to  those  of  a  similar  chanu  ter.  and 
th.-it  the  Secretary  of  War  is,  therefore,  not  authorized  to  designate  the  Army 
Young  Men's  Christian  Associntion  as  an  organization  exempt  from  the  pro- 
vsions  of  section  125  of  the  national-defense  act.  (War  Dept.  Bull.  3.  Jan.  19, 
1917.) 


MILITARY  LAWS  OF   TUB  UNITED  STATES,  1015.  215 

members  of  the  duly  organized  cadet  corps  of  any  other  institntion. 
of  learning  offering  a  regular  course  in  military  instruction,  and  at 
which  an  officer  or  enlisted  man  of  the  United  States  Army,  Navy,  or 
Marine  Coi-ps  is  lawfully  detailed  for  duty  as  instructor  in  military 
sicence  and  tactics,  from  wearing  the  uniform  duly  prescribed  by  the 
authorities  of  such  institution  of  learning  for  wear  by  the  instructors 
and  members  of  such  cadet  corps;  nor  to  prevent  civilians  attendant 
upon  a  course  of  military  or  naval  instruction  authorized  and  con- 
ducted by  the  military  or  naval  authorities  of  the  United  States  from 
wearing,  while  in  attendance  upon  such  course  of  instruction,  the 
imiform  authorized  and  prescribed  by  such  military  or  naval  au- 
thorities for  wear  during  such  course  of  instruction;  nor  to  prevent 
any  person  from  wearing  the  uniform  of  the  United  States  Army, 
Navy,  or  Marine  Corps  in  any  playhouse  or  theater  or  in  moving- 
picture  films  while  actually  engaged  in  representing  therein  a  mili- 
tary or  naval  character  not  tending  to  bring  discredit  or  reproach 
upon  the  United  States  Army,  Navy,  or  Marine  Corps.*    I(L 

1010c,  Same — Uniform  for  the  National  Guard^  military  societies^ 
and  instructors  or  members  of  cadet  cor'ps  to  hear  distinctive  mark 
or  insignia. — The  uniform  worn  by  officers  or  enlisted  men  of  the 
National  Guard,  or  by  the  members  of  the  military  societies  or  the 
instructors  and  members  of  the  cadet  corps*  referred  to  in  the  pre- 
ceding proviso  shall  include  some  distinctive  mark  or  insignia  to  be 
prescribed  by  the  Secretary  of  War  to  distinguish  such  uniforms  from 
the  uniforms  of  the  United  States  Army,  Navy,  and  Marine  Corps. 
Id.  217. 

*  Home  Guards  niny  not,  without  authority  therefor  from  the  Secretary  of 
War,  wear  any  uniform  which  bears  a  prohibited  similarity  to  the  uniform  of 
the  United  States,  but  the  Secretary  of  War  has  power  to  p-ant  such  authority 
on  condition  that  the  uniform  bear  some  mark  cjr  insignia  distin.iniishinjr  it 
from  tlie  uniform  prescribed  for  the  United  States  Army.  (War  Dept.  Bull. 
67,  Nov.  30.  1017.) 

An  ofhcer  of  tlie  Reserve  Corps  who  is  honorably  discharged  from  the  service 
of  tlie  United  States  In^fore  Ijavinjr  reached  the  ajre  limit  for  apr>ointment  or 
reapfjuiritment  in  tlie  Corps  in  which  he  is  commissioned,  or  if  in  Corps  having 
no  aiie  limit,  before  the  completion  of  five  years  of  service  therein,  is  not 
entitled  to  wear  the  uniform  of  the  highest  grade  he  shall  have  held  in  the 
(HIicers'  Kesorve  Corps  on  occasions  of  ceremony  or  when  visiting  an  Army 
post  or  cantonment  or  at  any  other  time,  nor  lias  he  the  right  to  wear  any 
part  of  the  uniform.     (Dig.  Opin.  .1.  A.  G..  .January,  1918.) 

Women  ollicials  of  the  American  Ke<l  Cross  ujay  wear  on  their  prescribed 
nniftuni  in  foreign  countrie.s,  constituting  the  theater  of  active  war,  the  insignia 
of  title  and  assiniilate<!  rank  refpiired  to  be  worn  as  a  distinctive  mark  to  <lis- 
tinguish  such  uniform  from  the  uniform  of  the  United  States  Ariuy.  (id., 
February.  1018.) 

*An  instructor  of  a  cadet  corps  in  a  high  school,  while  entitled  to  wear  the 
unilorm  [>rescribed  by  such  institution  for  wear  by  the  instructors  of  its  cadet 
coips.  is  expressly  forbidden  by  secti<in  125  of  the  nati<»nal  defen.se  act  of  June 
3.  101(5  (.SO  Stat.  217).  to  wear  the  uniform  of  the  United  States  Army  or  any 
distiiutive  part  thereof,  or  a  uniform  any  part  of  which  is  sinnlar  to  a  dis- 
tinitive  f>art  thereof  or  the  insignia  of  rank  prescribed  to  be  worn  by  officers  of 
the  UiilLed  States  Ai'my  or  any  iDsiguia  of  rank  similar  thereto. 


216  MILITARY  LAWS   OF   THE   UNITED  STATES,  1915. 

lOlOd.  Same — Members  of  military  societies  and  instructors  and 
members  of  cadet  corps  not  to  wear  insignia  of  rank  of  officers  of 
Army^  etc. — The  members  of  the  military  societies  and  the  instructors 
and  members  of  the  cadet  corps  hereinbefore  mentioned  shall  not 
wear  the  insignia  of  rank  prescribed  to  be  worn  by  officers  of  the 
United  States  Army,  Navy,  or  Marine  Corps,  or  any  insignia  of  rank 
similar  thereto.     Id, 

lOlOe.  Same — Penalty  for  violation  of  provisions  of  section. — Any 
person  who  offends  against  the  provisions  of  this  section  shall,  on 
conviction,  be  punished  by  a  fine  not  exceeding  $300,  or  by  impris- 
onment not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment.    Id. 

lOlOf.  Same — Provisions  extended  to  Coast  Guard. — Section  one 
hundred  and  twent-five  of  the  Act  entitled  "An  Act  for  further 
and  more  effectual  provision  for  the  national  defense,  and  for  other 
purposes,"  approved  June  third,  nineteen  hundred  and  sixteen,  shall 
apply  to  the  Coast  Guard  in  the  same  manner  as  to  the  Army,  Navy, 
and  Marine  Corps.  Act  of  Aug.  29.,  1916  {39  Stat.  649),  amending 
sec.  1^6,  Act  of  June  S,  1916  {39  Stat.  216), 

MEDALS  OF  HONOR. 

1013a.  Authorization  of  for  noncommissioned  officers  and  pri- 
vates.— The  President  of  the  United  States  be,  and  he  is  hereby,  au- 
thorized to  cause  two  thousand  "medals  of  honor"  to  be  prepared 
with  suitable  emblematic  devices,  and  to  direct  that  the  same  be 
presented,  in  the  name  of  Congress,  to  such  noncommisisoned  officers 
and  privates  as  shall  most  distinguish  themselves  by  their  gallantry 
in  action,  and  other  soldier-like  qualities  during  the  present  insur- 
rection.   Resolution  No.  52  of  July  12, 1862  {12  Stat.  623) . 

1013b.  Bronze  medals  to  volunteers  for  services  in  suppressing 
Philippine  insurrection. — The  Secretary  of  War  be,  and  he  is  hereby, 
authorized  and  directed  to  procure  a  bronze  medal,  with  suitable  de- 
vice, to  be  presented  to  each  of  the  several  officers  and  enlisted  men 
and  families  of  such  as  may  be  dead,  who,  having  volunteered  and 
enlisted  under  the  calls  of  the  President  for  the  war  with  Spain, 
served  beyond  the  term  of  their  enlistment  to  help  to  suppress  the 
Philippine  insurrection,  and  who  subsequently  received  an  honor- 
able discharge  from  the  Army  of  the  United  States,  or  who  died 
prior  to  such  discharge.    Sec.  i,  Act  of  June  29,  1906  {34  Stat.  621), 

1013c.  Same — Appropriation  for. — The  sum  of  five  thousand  dol- 
lars is  hereby  appropriated,  out  of  any  funds  in  the  Treasury  of  the 
United  States  not  otherwise  appropriated,  for  the  purpose  of  carry- 
ing this  Act  into  effect.    Sec.  2,  id. 


MILITARY  LAWS  OF  THE   UNITED  STATES,  1915.  217 

ARMY  AND  NAVY  MEDAL  OF  HONOR  ROLL. 

1014a.  Establishment  of^  etc, — There  is  hereby  established  in  the 
War  Department  and  Navy  Department,  respectively,  a  roll  desig- 
nated as  "  the  Army  and  Navy  medal  of  honor  roll."  Upon  written 
application  made  to  the  Secretary  of  the  proper  department,  and  sub- 
ject to  the  conditions  and  requirements  hereinafter  contained,  the 
name  of  each  surviving  person  who  has  served .  in  the  military  or 
naval  service  of  the  United  States  in  any  war,  who  has  attained 
or  shall  attain  the  age  of  sixty-five  years,  and  who  has  been  awarded 
u  medal  of  honor  for  having  in  action  involving  actual  conflict  yvith 
an  enemy  distinguished  himself  conspicuously  by  gallantry  or  in- 
trepidity, at  the  risk  of  his  life,  above  and  beyond  the  call  of  duty, 
and  who  was  honorably  discharged  from  service  by  muster  out,  resig- 
nation, or  otherwise,  shall  be,  by  the  Secretary  of  the  proper  depart- 
ment, entered  and  recorded  on  said  roll.  Applications  for  entry  on 
said  roll  shall  be  made  in  such  form  and  under  such  regulations  as 
shall  be  prescribed  b}^  the  War  Department  and  Navy  Department, 
respectively,  and  proper  blanks  and  instructions  shall  be,  by  the 
proper  Secretary,  furnished  without  charge  upon  request  made  by 
any  person  claiming  the  benefits  of  this  Act.  Sec.  i.  Act  of  Apr.  27^ 
1916  {39  Stat.  63). 

1014b.  Same — Duty  of  Secretary  of  War,  etc.,  to  carry  Act  into 
effect  and  issue  certificates  to  applicants. — It  shall  be  the  duty  of  the 
Secretary  of  War  and  of  the  Secretary  of  the  Navy  to  carry  this  Act 
into  effect  and  to  decide  whether  each  applicant,  under  this  Act,  in 
his  department  is  entitled  to  the  benefit  of  this  Act.  If  the  official 
award  of  the  medal  of  honor  to  the  applicant,  or  the  official  notice  to 
him  thereof,  shall  appear  to  show  that  the  medal  of  honor  was 
awarded  to  the  applicant  for  such  an  act  as  is  required  by  the  pro- 
visions of  this  Act,  it  shall  be  deemed  sufficient  to  entitle  the  appli- 
cant to  such  special  pension  without  further  investigation.  Other- 
wise all  official  correspondence,  orders,  reports,  recommendations, 
requests,  and  other  evidence  now  on  file  in  any  public  office  or  de- 
partment shall  be  considered.  A  certificate  of  service  and  of  the  act 
of  heroism,  gallantry,  bravery,  or  intrepidity  for  which  the  medal  of 
honor  was  awarded,  and  of  enrollment  under  this  Act,  and  of  the 
right  of  the  special  pensioner  to  be  entitled  to  and  to  receive  the 
special  pension  herein  granted,  shall  be  furnished  each  person  whose 
name  shall  be  so  entered  on  said  roll.  The  Secretary  of  War  and 
the  Secretary  of  the  Navy  shall  deliver  to  the  Commissioner  of  Pen- 
sions a  certified  copy  of  each  of  such  of  said  certificates  as  he  may 
issue,  as  aforesaid,  and  the  same  shall  be  full  and  sufficient  authority 
to  the  Commissioner  of  Pensions  for  the  payment  by  him  to  the 
beneficiary  named  in  each  such  certificate  the  special  pension  herein 
provided  for.    Sec,  2,  id.  54. 


218  MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

1014c.  Same — Special  pension  of  $10  per  month  to  each  person 
whose  name  is  placed  on  roll. — Each  such  surviving  person  whose 
name  shall  have  been  entered  on  said  roll  in  accordance  with  this  Act 
shall  be  entitled  to  and  shall  receive  and  be  paid  by  the  Commissioner 
of  Pensions  in  the  Department  of  the  Initerior,  out  of  any  moneys  in 
tlie  Treasury  of  the  United  States  not  otherwise  appropriated,  a  spe- 
cial pension  of  $10  per  month  for  life,  payable  quarter  yearly.  The 
Commissioner  of  Pensions  shall  make  all  necessary  rules  and  reoii- 
lations  for  making  payment  of  such  special  pensions  to  the  bene- 
ficiaries thereof.     Sec.  3,  id. 

1014d.  Same — Date  of  heginning  and  continuation  of. — Such  spe- 
cial pension  shall  begin  on  the  day  that  such  person  shall  file  h\s 
application  for  enrollment  on  said  roll  in  the  office  of  the  Secretary 
of  AVar  or  of  the  Secretary  of  the  Navy  after  the  passage  and  ap- 
proval of  this  Act,  and  shall  continue  during  the  life  of  the  bene- 
ficiary.    Id. 

1014e.  Same — To  he  additional  to  pension  which  beneficiary  may 
receive  under  any  other  law. — Such  special  pension  shall  not  deprive 
any  such  special  pensioner  of  any  other  pension  or  of  any  benefit, 
right,  or  privilege  to  which  he  is  or  may  hereafter  be  entitled  under 
any  existing  or  subsequent  law,  but  shall  be  in  addition  thereto.     Id, 

1014f.  Same — Not  subject  to  taxes  or  any  civil  process. — The  spe- 
cial pension  allowed  under  this  Act  shall  not  be  subject  to  any 
attachment,  execution,  levy,  tax,  lien,  or  detention  under  any  process 
whatever.     Id, 

1014g.  Sam.e — Holder  of  two  or  more  medals  entitled  to  but  one 
special  pension;  rank  in  service  not  to  be  con^sidered. — In  case  any 
person  has  been  awarded  two  or  more  medals  of  honor,  he  shall  not 
be  entitled  to  and  shall  not  receive  more  than  one  such  special  pen- 
sion. 

Kank  in  the  service  shall  not  be  considered  in  applications  filed 
hereunder.    Sec.  4^  id. 

1014h.  Same — Allowances  to  be  paid  from  appropriations  for  in- 
valid pensions. — All  allowances  made,  or  hereafter  to  be  made,  to 
medal  of  honor  pensioners  under  the  Act  of  Congress  ap[)roved 
April  twenty-seventh,  nineteen  hundred  and  sixteen,  shall  be  paid 
from  the  moneys  appropriated  for  the  payment  of  invalid  and  other 
pensions,  and  section  three  of  the  said  Act  of  April  twenty-seventh, 
nineteen  hundred  and  sixteen,  is  amended  accordinly.  Act  of  June 
30^  1016  {39  Stat.  22i),  amending  Sec,  3,  Act  of  Apr.  27,  1916  (39 
Stat.  53), 

BOARD  TO  IN^HESTTGATE  AWARDS  OF  IklEDALS  OF  HONOR. 

10141.  Composition  of  board.^  etc. — A  board  to  consist  of  five  gen- 
eral officers  on  the  retired  list  of  the  Army  shall  be  convened  by  the 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915.  219 

Secretary  of  War,  within  sixty  days  after  the  approval  of  this  Act 
for  the  purpose  of  investigating  and  reporting  upon  past  awards  or 
issues  of  the  so-called  congressional  medal  of  honor  by  or  through 
tlie  AVar  Department;  this  with  a  view  to  ascertain  what  medals  of 
honor,  if  any,  have  been  awarded  or  issued  for  any  cause  other  thaa 
distinguished  conduct  by  an  officer  or  enlisted  man  in  action  involv- 
ing actual  conflict  with  an  enemy  by  such  officer  or  enlisted  man  or 
by  troops  with  which  he  was  serving  at  the  time  of  such  action.  See, 
122,  Act  of  June  3, 1916  {39  Stat.  214). 

1014J.  Sarne — Name  of  recipient  to  he  stricken  from  m^edal  of 
lonor  list  on  finding  of  hoard. — And  in  any  case  in  which  said  board 
shall  find  and  report  that  said  medal  was  issued  for  any  cause  other 
than  that  hereinbefore  specified  the  name  of  the  recipient  of  the 
medal  so  issued  shall  be  stricken  permanently  from  the  official  medal 
of  honor  list.^     Id, 

1014k.  Misdemeanor  for  recipient  to  puhlicly  wear  or  display  medal 
after  name  is  striken  from  list. — It  shall  be  a  misdemeanor  for  him 
to  wear  or  publicly  display  said  medal,  and,  if  he  shall  still  be  in  the 
Army,  he  shall  be  required  to  return  said  medal  to  the  War  Depart- 
ment for  cancellation.     Id. 

10141.  Board  given  access  to  records  of  War  Department. — Said 
board  shall  have  full  and  free  access  to  and  use  of  all  records  per- 
taining to  the  award  or  issue  of  medals  of  honor  by  or  through  the 
War  Department.    Id. 

1014in.  Actual  expenses  of  hoard  payable  from  contingencies  of 
Army  for  War  Department. — The  actual  and  necessary  expenses  of 
said  board  and  its  members  shall  be  paid  out  of  any  appropriations 
available  for  contingent  expenses  of  the  Army  of  the  War  Depart- 
ment.   Id, 

*  Certain  questions  were  subinitte<l  as  to  the  construction  of  section  122  of 
the  n:ition:tl-<lefense  act.  a[»i)roved  .Jiine  3,  1916.  providing  for  the  apr>ointment 
of  a  boanl  of  retired  officers  to  investigate  and  report  uiH)n  past  awards  or 
issues  of  the  so  called  congressional  medals  of  honor  by  or  through  the  War 
Department. 

Held,  that  as  the  statute  expres.s1y  requires  that  "in  any  case  in  which  the 
board  shall  find  anci  report"  that  the  nietlal  was  issued  for  any  cause  other 
than  tliat  specified  in  the  statute  "the  name  of  the  recipient  of  the  medal  so 
issued  shall  be  stricken  r)ernianently  from  the  medal  of  honor  list,"  the  Secre- 
tary of  War  is  without  discretion  to  review  or  control  tlie  findings  of  the 
board;  tliat  the  law  requires  from  him  a<lministrative  action  (1)  to  cause  the 
name  of  the  i-ecipient  of  the  medal  vi'hich  the  board  finds  was  improperly 
Issued  to  be  stricken  "permanently  from  the  ofTicial  medal  of  honor  list";  and 
(2)  if  the  recii)lent  "shall  still  be  in  the  Army"  to  require  him  to  "return 
said  medal  to  the  War  Department  for  cancellation";  and  that  the  act  re<}uires 
the  Secretary  of  War  to  proceeil  at  once  to  give  execution  to  the  findings  of  the 
bo.ird  in  these  respects  and  gives  him  no  authority  to  postpone  action. 

Held  further,  that  although  tlie  provisi<m  making  it  a  misdemeanor  for  the 
recipient  of  a  medal  of  honor  which  the  board  fintls  was  improperly  lssue<l  to 
wear  or  publicly  tlisplay  the  same  fails  to  prescribe  a  penalty  for  the  offense, 
nevertheless  the  statute  does  not  cliarge  the  Secretary  (»f  War  with  any  duty 
to  enforce  this  provision  (War  Dept.  Bull.  15,  Mar.  24,  1917.) 


CHAPTER  XXVL 


ENLISTED  MEN. 


Par. 

Enlistment  of  minors 1028a 

Enlistment,  term  of 1031a 

Same — Reenlistment  after  three 
years'  continuous  service 1031b 

Same — May  be  furloughed  to 
Regular  Army  Reserve  after 
one  year's  honorable  service 1031c 

Same — Three  years  to  be  counted 
as  enlistment  period  in  com- 
puting continuous-service  pay_  1031d 

Final  discharge  issued  at  expira- 
tion of  seven  years,  but  ac- 
count closed  on  furlough  to 
Regular  Army  Reserve 1031e 

Regular  Army  Reserve 1031f-1031o 

Composition  of 1031f 

Same — Organization,      training, 

mobilization,  pay,  etc.,  of 1031g 

Enlistments  in  the  Regular 
Army  and  in,  in  force  at  out- 
break of  war  to  continue  for 
one  year 1031h 

Period  of  enlistments  in  Regular 
Army  and  Regular  Army  Re- 
serve in  force  on  approval  of 
act 1031hi 

Discharge  of  enlisted  men  of 
Regular  Army  and  National 
Guard  on  termination  of  emer- 
gency   1031hi 

Annual  rate  of  pay  for  members 
of 1031i 

Same — Active  service  pay 1031j 

Same — Continuous  service  pay 
during  active  service 1031k 

Bounty  of  reservist  upon  report- 
ing for  active  duty  if  physi- 
cally qualified 10311 

Service  in,  confers  no  right  to 
retirement  or  retired  pay; 
pensionable  status 1031m 

Use  of  other  Government  de- 
partments for  paying,  mobiliz- 


Par. 

ing,     etc.,    reserve    organiza- 
tions     1031n 

Bounty  for  reenlistment  in  time 
of  war  of  certain  honorably 
discharged  men  as  an  auxil- 
iary to 1031O 

Premium  for  recruits  may  be 
paid  to  third  and  four  class 
postmasters  for  securing 1032a 

Repeal  of  premium  for  recruits.  1032b 

Reenlistment  of  noncommis- 
sioned officer  within  20  days 
with  rank  of  discharge 1034a 

Discharge  by  purchase  may  be 
final  or  by  furlough  to  Regu- 
lar Army  Reserve 1043a 

Reenlistment  of  men  discharged 
from  Army  to  accept  commis- 
sions in  National  Guard,  etc_  1043b 

Same — Computation  of  continu-     . 
ous  service  pay 1043c 

Computation  of  continuous  serv- 
ice pay  of  discharged  enlisted 
men  serving  as  officers  of  Na- 
tional Guard,  in  Officers'  Re- 
serve Corps,  etc 1043d 

Discharge  or  furlough  to  Regu- 
lar Army  Reserve  on  account 
of  dependency  of  member  of 
family 1044a 

Discharge  of  enlisted  men  on  ac- 
count of  dependents;  active 
duty  of  retired  enlisted  men, 
grades  and  pay 1044b 

Travel  allowance  of  enlisted  men 
on  discharge 1045a 

Same — Applies  to  enlisted  men 
of  National  Guard  on  dis- 
charge from  United  States 1045b 

Sea  travel  on  discharge 1046a 

Alien   enemies  not  admitted  to 

citizenship 1054a 

221 


222  MILITAEY  LAWS  OF   TUB  UNITED  STATES,  1015. 

1028a.  Enlistment' of  minors, — No  person  under  the  age  of  eighteen 
years  shall  be  enlisted  or  mustered  into  the  military  service  of  the 
United  States  without  the  written  consent  of  his  parents  or  guardi- 
ans, provided  that  such  minor  has  such  parents  or  guardians  entitled 
to  his  custody  and  control^  Sec.  ^7,  Act  of  June  3,  1916  {S9  Stat. 
186). 

(For  the  provisions  of  this  section  preceding  this  paraj^rnph,  see  parnp-jiphs 
1031a,  1031b,  103ic,  1031d,  and  1034a,  and  for  ensuing  provision  see  paragraph 
1032a.) 

1031a.  Enlistments  term,  of. — On  and  after  the  first  day  of  Novem- 
ber, nineteen  hundred  and  sixteen,  all  enlistments  in  the  Kegular 
Army  shall  be  for  a  term  of  seven  years,  the  first  three  years  to  be 
in  the  active  service  with  the  organizations  of  which  those  enlisted 
form  a  part  and,  except  as  otherwise  provided  herein,  the  last  four 
years  in  the  Regular  Army  Reserve  hereinafter  provided  for.    Id, 

(See  paragraph  1031  h,  post,  for  provision  that  all  enlistments  in  the  Regular 
Anny  and  in  tlie  Kegular  Army  Ue.^^erve  in  force  on  date  of  outbreak  of  war 
shall  continue  for  one  year,  but  nothing  In  tlie  proviso  shall  shorten  the  term 
of  enlistment  prescribed.) 

1031b.  Same — Reenlistment  after  three  years*  continuous  service. — 
At  the  expiration  of  three  j^ears'  continuous  service  with  such  or- 
ganizations, either  under  a  first  or  any  subsequent  enlistment,  any 
soldier  may  be  reenlisted  for  another  period  of  seven  years,  as  above 
provided  for,  in  which  event  he  shall  receive  his  final  discharge  from 
his  prior  enlistment.    Id.  185, 

1031c.  Same — Maij  he  furloughed  to  Regular  Army  Reserve  after 
one  yearns  honorable  service. — After  the  expiration  of  one  year's 
honorable  service  any  enlisted  man  serving  within  the  continental 
limits  of  the  United  States  whose  company,  troop,  batter}^,  or  de- 
tachment commander  shall  report  him  as  proficient  and  sufliciently 
trained  may,  in  the  discretion  of  the  Secretary  of  War,  be  fur- 
loughed to  the  Regular  Army  Reserve  under  such  regulations  as 
the  Secretary,  of  AVar  may  prescribe,  but  no  man  furloughed  to  the 

*  No  distiiiftion  should  be  made  between  the  Army  and  the  Marine  Cori>s  in 
the  treatment  of  minors. 

'J'he  following  rules  have  been  established  by  the  courts  with  regard  to  the 
discharge  of  a  un'nor  who  enlisted  without  (he  written  consent  of  his  parent 
or  guardian.  A  minor  over  IG  can  not  avoid  his  enlistment.  In  re  Morrissey 
(137  U.  S.  157)  ;  his  parent  or  guardinn.  to  do  so,  must  act  seasonably.  Kx 
part^  Dostal  (243  Fed.  004);  Ex  pnrte  Hush  (240  Fed.  172);  an<l  before  the 
minor  has  attaliied  the  age  of  IS  years.  Kx  parte  Postal,  sujjra  ;  Ex  parte  Hub- 
bJird  (182  Fed.  7(5).  If  tlie  minor  is  being  held  lor  an  offense  against  milit;i?-y 
law,  the  jurisdiction  of  tlie  military  authorities  can  n«>t  be  ousted  by  the  civil 
eourt.s.  Kx  parte  Dostal.  supra;  Dillingham  v.  F>ocker  (1(>3  Feil.  GDG)';  Ex  parte 
Hush,  supra.  On  the  gent-ral  subject,  see  note  iu  39  L.  K.  A.,  N.  S.,  454.  (Dig. 
Opin.  J.  A.  G.,  Marcli,  1^18.) 


MILITARY  LAWS  OF  THE   UNITED  STATES,  1915.  223 

reserve  shall  be  eligible  to  reenlist  in  the  service  until  the  expiration 
of  his  term  of  seven  years.     Id.  187, 

1031  d.  Sam/'. — Three  years  to  he  counted  as  enlhitment  period  in 
commuting  continuous -service  pay. — In  all  enlistments  hereafter 
accomplished  under  the  provisions  of  this  Act  three  j-ears  shall  Ije 
counted  as  an  enlistment  period  in  computing  continuous-service 
pay.     Id. 

(For  ensuing  provision  of  this  section  see  paragraph  1034a.) 

103 le.  Final  discharge  issued  at  expiration  of  seven  years.,  hut 
account  closed  on  furlough  to  Regular  Army  Reserve. — No  enlisted 
man  in  the  Regular  Army  shall  receive  his  final  discharge  until  the 
termination  of  his  seven-year  term  of  enlistment  except  upon  reen- 
listment  as  provided  for  in  this  Act  or  as  provided  by  law  for  dis- 
charge prior  to  expiration  of  term  of  enlistment,  but  when  an  en- 
listed man  is  furloughed  to  the  Regular  Army  Reserve  his  account 
shall  be  closed  and  he  shall  be  paid  in  full  to  the  date  such  furlough 
becomes  effective,  including  allowances  provided  by  law  for  dis- 
charged soldiers.   Sec.  20^  id, 

(For  ensuing  provision  of  this  section  see  paragraph  1044a.) 

103 If.  Composition  of. — The  Regular  Army  Reserve  shall  consist 
of,  first,  all  enlisted  men  now  in  the  Army  Reserve  or  who  shall 
hereafter  become  members  of  the  Army  Reserve  under  the  provisions 
of  existing  law;  second,  all  enlisted  men  furloughed  to  or  enlisted 
in  the  Regular  Army  Reserve  under  the  provisions  of  this  Act ;  and, 
third,  any  person  holding  an  honorable  discharge  from  the  Regular 
Army  with  character  reported  at  least  good  who  is  physically  quali- 
fied for  the  duties  of  a  soldier  and  not  over  forty-five  years  of  age 
who  enlists  in  the  Regular  Army  Reserve  for  a  period  of  four  years. 
Sec.  30,  id. 

1031g.  Same — Organization,  training,  mohilization,  pay,  etc.,  of.-^ 
The  President  is  authorized  to  assign  members  of  the  Regular  Army 
Reserve  as  reserves  to  particular  organizations  of  the  Regular  Army 
or  to  organize  the  Regular  Army  Reserve,  or  any  part  thereof,  into 
units  or  detachments  of  any  arm,  corps,  or  department  in  such  man- 
ner as  he  may  prescribe,  and  to  assign  to  such  units  and  detachments 
officers  of  the  Regular  Army  or  of  the  Officers'  Reserve  Corps  herein 
provided  for;  and  he  may  summon  the  Regular  Army  Reserve  or 
any  part  thereof  for  field  training  for  a  period  not  exceeding  fifteen 
days  in  each  year,  the  reservists  to  receive  travel  expenses  and  pay 
at  the  rate  of  their  respective  grades  in  the  Regular  Army  during 
such  periods  of  training;  and  in  the  event  of  actual  or  threatened 
hostilities  he  may  mobilize  the  Regular  Army  Reserve  in  such  man- 
ner as  he  may  determine,  and  thereafter  retain  it,  or  any  part 


224  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

thereof,  in  active  service  for  such  period  as  he  may  determine  the 
conditions  demand.^    &ec.  31^  id. 

1031h.  Enlistments  in  the  Regular  Army  and  in.,  in  force  at  out- 
break  of  war  to  continue  for  one  year, — All  enlistments  in  the  Regu- 
lar Army,  including  those  in  the  Regular  Army  Reserve,  which  are 
in  force  on  the  date  of  the  outbreak  of  war  shall  continue  in  force  for 
one  year,  unless  sooner  terminated  by  order  of  the  Secretary  of  war, 
but  nothing  herein  shall  be  construed  to  shorten  the  time  of  enlist- 
ment prescribed.     Id. 

(See  paragraph  1031a  as  to  term  of  enlistment.) 

lOSlh}.  Period  of  enlistments  in  Regular  Army  and  Regular  Army 
Reserve  in  force  on  approval  of  Act. — All  enlistments,  including  those 
in  the  Regular  Army  Reserve,  which  are  in  force  on  the  date  of  the 
approval  of  this  Act  and  which  would  terminate  during  the  emer- 
gency shall  continue  in  force  during  the  emergency  unless  sooner  dis- 
charged ;  but  nothing  herein  contained  shall  be  construed  to  shorten 
the  period  of  any  existing  enlistment.^  Sec.  7,  Act  of  May  18,  1017 
(40  Stat.  81). 

(For  the  preceding  provision  of  this  section  see  paragraph  1661,  post,  and  for 
ensuing  provision  see  paragraph  1662,  post.) 

^  Held,  that  the  law  contemplates  that  the  President  may  cause  reservists 
to  be  organized  at  all  times  in  the  manner  indicated  and  that,  in  the  discretion 
of  the  President,  they  may  be  attached  as  such  to  organizations  of  the  Regular 
Army  that  are  at  maximum  strength,  but  when  so  attached  they  are  not  con- 
stituent parts  of  such  organizations  and  form  no  part  of  the  numbers  author- 
ized by  law  for  such  organizations,     (War  Dept.  Bull.  34,  Sept.  12,  1916.) 

Held,  that  when  so  assigned,  reservists  are  eligible  for  promotion  as  other 
members  of  the  organizations  who  are  serving  in  the  active  period  of  their 
enlistment.     (War  Dept.  Bull.  39,  Oct.  6,  1916.) 

Held  as  follows: 

(a)  Under  the  statute  a  reservist  is  entitled  to  active-duty  pay  and  allow- 
ances from  the  time  he  reports  in  person  in  response  to  a  mobilization  order 
until  the  time  he  is  actually  excused. 

(b)  As  to  whether  clothing  is  an  allowance  to  which  a  reservist  is  entitled 
under  the  circumstances  stated,  depends  upon  whether  he  actually  avails  him- 
self of  such  allowance.  Clothing  is  essentially  an  allowance  in  kind,  furnished 
for  use  of  enlisted  men  when  they  are  accepted  for  actual  service,  and  is  com- 
muted to  a  money  value  merely  for  convenience.  Therefore,  until  a  reservist 
is  examined  and  found  physically  fit  for  service,  and  accepted  for  service,  he 
is  not  entitled  to  any  clothing  allowance.  After  he  is  accepted  for  service  he 
is  entitled  to  draw  clothing  against  his  clothing  allowance,  but  if  he  is  excused 
before  drawing  clothing  agninst  his  allowance  he  should  not  be  credited  with 
any  such  allowance. 

(c)  A  reservist  who,  in  obedience  to  a  summons,  reports  at  the  designated 
place  and  is  found  physically  qualified  complies  with  the  statute  and  his  right 
to  mobilization  pay  becomes  vested  and  the  same  should  be  paid.  (War  Dept. 
Bull.  47,  Nov.  16,  1916.) 

Upon  the  discharge  of  an  enlisted  man  of  the  Regular  Army  Reserve,  recalled 
to  active  service,  he  is  entitled  to  travel  allowance  from  the  place  of  his  dis- 
charge to  his  home;  that  is,  to  the  place  from  which  he  was  furnished  trans- 
portation when  called  to  active  duty.  (Comp.  Treas.,  Nov.  16,  1917;  War 
Dept.  Bull.  72,  Dec.  24,  1917.) 

HTpon  questions  (a)  whether  soldiers  could  legally  be  discharged  by  reason 
of  expiration  of  term  of  enlistment  subsequent  to  the  passage  of  the  act  of  May 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  225 

103 Ih J.  Discharge  of  enlisted  men  of  Regular  Army  and  National 
Guard  on  termination  of  emergency. — All  persons  who  have  enlisted 
since  April  first,  nineteen  hundred  and  seventeen,  either  in  the  Reg- 
ular Army  or  in  the  National  Guard,  and  all  persons  who  have  en- 
listed in  the  National  Guard  since  June  third,  nineteen  hundred  and 
sixteen,  upon  their  application,  shall  be  discharged  upon  the  termina- 
tion of  the  existing  emergency.     Id. 

(¥ov  the  preceding  provision  of  this  section  see  paragraph  1662,  post,  and  for 
the  ensiling  provision  see  paragraph  1044b,  post.) 

10311.  Annual  rate  of  pay  for  memhers  of. — Subject  to  such  regu- 
lations as  the  President  may  prescribe  for  their  proper  identification, 
and  location,  and  physical  condition,  the  members  of  the  Regular 
Army  Reserve  shall  be  paid  semiannually  at  the  rate  of  $24  a  year 
while  in  the  reserve.    Sec.  31,  Act  of  June  3,  1916  (39  Stat.  188). 

1031  j.  Same — Active  service  pay. — When  mobilized  by  order  of 
the  President,  the  members  of  the  Regular  Army  Reserve  shall,  so 
long  as  they  may  remain  in  active  service,  receive  the  pay  and  allow- 
ances of  enlisted  men  of  the  Regular  Army  of  like  grades.  Sec.  32, 
id.  188. 

1031k.  Same — Continuous  service  pay  during  active  service. — Any 
enlisted  man  who  shall  have  reenlisted  in  the  Regular  Army  Reserve 
shall  receive  during  such  active  service  the  additional  pay  now  pro- 
vided by  law  for  enlisted  men  in  his  arm  of  the  service  in  the  second 
enlistment  period.    Id. 

(See  par.  708,  ante,  for  rates  of  continuous-service  pay  to  enlisted  men  of 
Regular  Army.) 

10311.  Bounty  of  reservists  upon  reporting  for  active  duty  if 
physically  qualified. — Upon  reporting  for  duty,  and  being  found 
l^hysically  fit  for  service,  members  of  the  Regular  Army  Reserve  shall 
receive  a  sum  equal  to  $3  per  month  for  each  month  during  which 
they  shall  have  belonged  to  the  reserve,  as  well  as  the  actual  neces- 
sary cost  of  transportation  and  subsistence  from  their  homes  to  the 

18,  1917,  and  (&)  whether  that  act' was  effective  to  continue  in  force  enlistments 
in  the  National  Guard, 

Held,  that  question  (a)  must  be  answered  in  the  negative  since  the  provision 
contained  in  section  7  of  the  act  of  May  18,  1917,  is  an  inhibition  against  dis- 
charges-unless  ordered  by  the  Secretary  of  War  under  his  general  power  to 
grant  discharges  in  the  interest  of  the  Government,  and  since  the  soldier's  en- 
listment is  prolonged  for  the  period  of  the  emergency  by  the  provision  quoted, 
a  discharge  for  the  purpose  of  immediate  enlistment  would  involve  administra- 
tive labor  and  a  multiplication  of  records  without  any  resultant  benefit  to  tlie 
Government. 

Held  further  as  to  question  (&),  that  since  the  provision  quoted  is  appli- 
cable to  "  all  enlistments,"  it  is  applicable  to  enlistments  in  the  National  Guard, 
they  being  enlistments  in  the  National  Guard  of  the  United  States  as  well  as  in 
the^ National  Guard  of  a  Stnto;  and  the  question  is  answered  in  the  affirmative. 
(War  Dept.  Bull.  49,  Aug.  22,  1917.) 

54208°— 18 15 


226  MILITABY  LAWS  OF   THE   UNITED  STATES,  1915. 

places  at  which  they  may  be  ordered  to  report  for  duty  under  such 
summons.^     Id. 

1031m.  Service  in,  confers  no  right  to  retirement  or  retired  pay; 
pensionable  status. — Service  in  the  Regular  Army  Reserve  shall  con- 
fer no  right  to  retirement  or  retired  pay,  and  members  of  the  Regu- 
lar Army  Reserve  shall  become  entitled  to  pension  only  through  dis- 
ability incurred  while  on  active  duty  in  the  service  of  the  United 
States.     Id. 

103 In.  Use  of  other  Government  departments  for  paying,  m^hiliz- 
'>ng,  etc..,  reserve  organizations. — The  President  may,  subject  to  such 
rules  and  regulations  as  in  his  judgment  may  be  necessary,  utilize 
the  services  of  members  and  employees  of  all  departments  of  the 
Government  of  the  United  States,  without  expense  to  the  individual 
reservist,  for  keeping  in  touch  with,  paying,  and  mobilizing  the 
Regular  Army  Reserve,  the  Enlisted  Reserve  Corps,  and  other  reserve 
organizations.    Sec.  33,  id.  188, 

1031o.  Bounty  for  reenlistment  in  time  of  war  of  certain  honorably 
discharged  men  as  an  auxiliary  to. — For  the  purpose  of  utilizing  as 
an  auxiliary  to  the  Regular  Army  Reserves  the  services  of  men  who 
have  had  experience  and  training  in  the  Regular  Army,  or  in  the 
United  States  Volunteers,  outside  of  the  continental  limits  of  the 
United  States,  in  time  of  actual  or  threatened  hostilities,  and  after 
the  President  shall,  by  proclamation,  have  called  upon  honorably 
discharged  soldiers  of  the  Regular  Army  to  present  themselves  for 
reenlistment  therein  within  a  specified  period,  subject  to  such  con- 
ditions as  may  be  prescribed,  any  person  who  shall  have  been  dis- 

*  In  tlie  case  of  an  enlisted  man  of  the  He^lar  Army  Reserve  called  to  the 
colors  for  active  service  who  was  convicted  hy  general  court-martial  and  sen- 
tencer]  to  be  dishonorably  discharged  "  and  to  forfeit  all  pay  and  allowances  now 
due  and  to -become  due  while  under  confinement  under  this  sentence," 

Held,  that  the  sentence  operated  to  forfeit  not  only  the  unpaid  pay  for  active 
service  which  became  due  and  payable  monthly  and  the  balance,  if  any,  due  the 
soldier  on  account  of  clothing  and  other  allowances,  but  included  as  well  the 
amounts  which  had  become  due  the  soldier  upon  his  reporting  for  active  duty 
in  response  to  the  Tresident's  summons,  'mown  as  mobilization  end  reservist'3 
pay,  which  had  not  been  paid  him  at  the  time  of  his  conviction  and  sentence, 
thfis  view  being  in  consonance  with  the  decision  of  the  Supreme  Court  in  the 
Landers  case  (92  U.  S.,  80),  in  which  it  was  held— 

"  The  bounty  which  the  petitioner  claimed  was  included  in  the  allowances  for- 
feited. Under  the  term  'allowances'  everything  was  embraced  which  could  be 
recovered  from  the  Government  by  the  soUlier  in  consideration  of  his  enlistment 
and  services,  except  the  stipulated  monthly  compensation  designated  as  pay." 

In  the  instant  case  the  soldier  became  entitled  under  section  31  of  the  act  of 
June  3  1916,  upon  reporting  for  duty  and  '^eing  found  physically  fit  for  service, 
to  the  sum  of  .$3.07  as  reservist's  pay,  being  $2  per  month  for  period  from  .Tune 
3,  1916,  to  July  18,  1916.  and,  under  the  provisions  of  section  32  of  the  same  act 
he  became  entitled  to  $15.30  as  mobilization  pay,  being  ^3  per  month  for  the 
entire  period  of  his  furlough  from  February  IG,  191o,  to  July  18,  1916,  inclusive. 

Held,  that  so  much  of  paragraph  86  of  the  Regulations  for  the  Regular  Army 
Reserve,  published  August  15,  1916,  as  specifier  $5  per  month  as  the  rate  of 
mobilization  pay  up  to  June  2,  1916,  is  invalid.  (Comp.  Treas.,  Apr.  20,  1917; 
War  Dept.  Bull.  26,  May  7,  1917.) 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915.  227 

charged  honorably  from  said  Army,  with  character  reported  as  at 
least  good,  and  who,  having  been  found  physically  qualified  for  the 
duties  of  a  soldier,  if  not  over  fifty  years  of  age,  shall  reenlist  in  the 
line  of  said  Army,  or  in  the  Signal,  Quartermaster,  or  Medical  De- 
partment thereof,  within  the  period  that  shall  be  specified  in  said 
proclamation,  shall  receive  on  so  reenlisting  a  bounty  which  shall  be 
computed  at  the  rate  of  $8  for  each  month  for  the  first  year  of  the 
period  that  shall  have  elapsed  since  his  last  discharge  from  the  Regu- 
lar Army  and  the  date  of  his  reenlistment  therein  under  the  terms  of 
said  proclamation;  at  the  rate  of  $6  per  month  for  the  second  year 
of  such  period ;  at  the  rate  of  $4  per  month  for  the  third  year  of  such 
period ;  and  at  the  rate  of  $2  per  month  for  any  subsequent  year  of 
such  period;  but  no  bounty  in  excess  of  $300  shall  be  paid  to  any 
person  under  the  terms  of  this  section.    Sec.  S4,  id. 

1032a.  Premium  for  recruits  may  he  paid  to  third  and  fourth  class 
postmasters  for  securing. — The  President  is  authorized  in  his  discre- 
tion to  utilize  the  services  of  postmasters  of  the  second,  third,  and 
fourtl;i  classes  in  procuring  the  enlistment  of  recruits  for  the  Army, 
and  for  each  recruit  accepted  for  enlistment  in  the  Army  the  post- 
master procuring  his  enlistment  shall  receive  the  sum  of  $5.  Sec.  ^7, 
id.  186. 

(For  the  provision  of  this  section  immediately  preceding  this  parapraph  see 
paragraph  1028a,  and  for  the  ensuing  provisions  see  paragraphs  1293a  and 
1293b.) 

1032b.  Repeal  of  premium  for  recruits. — Section  eleven  hundred 
and  twenty  of  the  Revised  Statutes  of  the  United  States  be,  and  the 
same  is  hereby,  repealed.  Sec  1120^  R,  S.,  repealed  by  Act  of  May 
12,  1917  (40  Stat.  63). 

1034a.  Reenlistment  of  noncommissioned  officer  within  twenty  days 
with  rank  of  discharge. — Any  noncommissioned  officer  discharged 
with  an  excellent  character  shall  be  permitted,  at  the  expiration  of 
three  years  in  the  active  service,  to  reenlist  in  the  organization  from 
which  discharged  with  the  rank  and  grade  held  by  him  at  the  time 
of  his  discharge  if  he  reenlists  within  twenty  days  after  the  date  of 
such  discharge.    Sec.  27,  Act  of  June  5, 1916  {39  Stat.  186). 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  1031d,  and  for  the  ensuing  provision  see  paragraph  1028a.) 

1043a.  Discharge  hy  purchase  may  he  final  or  by  furlough  to  Regu- 
lar Army  Reserve. — When  an  enlisted  man  is  discharged  by  purchase 
while  in  active  service  he  shall  be  furloughed  to  the  Regular  Army 
Reserve,  unless,  in  the  discretion  of  the  Secretary  of  War,  he  is  given 
a  final  discharge  from  the  Army.   Sec.  29,  Id.  187. 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  1044a.) 

1043b.  Reenlistment  of  men  discharged  from  Army  to  accept  com- 
missions in  National  Guard,  etc. — ^The  enlisted  men  who  were  dis- 


228  MILITAEY  LAWS  OF   THE  UNITED  STATES,  1915. 

charged  from  the  Army  to  accept  a  commission  in  the  National 
Guard,  or  in  any  volunteer  force  that  may  be  authorized  in  the  future, 
at  the  call  of  the  President,  June  eighteenth,  nineteen  hundred  and 
sixteen,  be  restored  to  their  original  status  upon  reenlisting  in  the 
Eegular  Army/    Act  of  May  12,  1917  {Jfi  Stat  7^). 

1043c.  Same — Computation  of  continuous  service  pay. — That  they 
reenlist  within  three  months  from  date  of  muster  out  of  the  United 
States  service,  and  that  in  computing  service  for  retirement  and  con- 
tinuous service  pay,  service  as  an  officer  in  the  National  Guard,  or  in 
any  volunteer  force  that  may  be  authorized  in  the  future,  while  in  the 
service  of  the  United  States,  be  counted.    Id. 

1043d.  Computation  of  continuous  service  pay  of  discharged  en- 
listed men  serving  as  oncers  of  National  Guard,  in  Officers^  Reserve 
Corps,  etc. — Hereafter  any  enlisted  man  of  the  Army  who  shall  be 
discharged  to  enable  him  to  accept  a  commission  in  the  Officers' 
Reserve  Corps,  or  in  any  National  Guard  or  militia  organization,  or 
in  any  volunteer  force  that  may  be  authorized  in  the  future,  and  who 
shall  enlist  in  the  Army  within  three  months  after  the  termination 
of  his  connection  as  an  officer  with  that  corps,  or  with  any  organiza- 
tion of  the  National  Guard  or  militia,  or  a  volunteer  force,  or  during 
the  continuation  of  his  connection  therewith,  as  an  officer,  shall,  in 
computing  continuous  service  pay  now  authorized  by  law,  be  entitled 
to  credit  for  the  period  of  time  actually  served  by  him  prior  to  said 
discharge,  and  in  computing  service  for  retirement  and  continuous 
service  pay,  service  as  an  officer  of  the  National  Guard,  while  in  the 
service  of  the  United  States,  service  in  any  volunteer  force,  and 
service  in  the  Officers'  Reserve  Corps  in  active  service  shall  be 
counted.^    Id, 

1044a.  Discharge  or  furlough  to  Regular  Army  Reserve  on  account 
of  dependency  of  meynber  of  family. — When  by  reason  of  death  or 
disability  of  a  member  of  the  family  of  an  enlisted  man  occurring 

^  Tlie  Army  appropriation  act  of  May  12,  1917,  provides  for  the  restoration  of 
status  in  the  Regular  Army  of  an  enlisted  man  who  shall  be  discharged  to 
accept  a  commission  in  the  Otficers'  Reserve  Corps,  in  the  National  Guard,  or 
militia  organization,  or  in  any  volunteer  force,  and  who  shall  enlist  within  three 
months  after  the  termination  of  his  connection  as  an  oflScer  with  that  corps,  etc. 
Raid,  that  an  en'.lsto  1  man  who  is  discharged  from  the  Regular  Array  to  accept 
a  temporary  commission  in  the  Regular  Army  would  not  be  entitled  upon  reen- 
listment  to  occupy  his  previous  status  in  the  Eegular  Army,  (War  Dept.  Bull. 
72.  Dec.  24,  1917.) 


MILITARY   LAWS   OF   THE   UNITED  STATES,  1915.  229 

after  his  enlistment  members  of  his  family  become  dependent  upon 

him  for  support,  he  may,  in  the  discretion  of  the  Secretary  of  War, 

be  discharged  from  the  service  of  the  United  States  or  be  furloughed 

to  the  Regular  Army  Reserve,  upon  due  proof  being  made  of  such 

condition.^    Sec.  29,  Act  of  June  3, 1916  {39  Stat.  187) . 

(For  the  preceding  provision  of  this  section  see  paragraph  1031e,  and  for 
the  ensuing  provision  see  paragraph  1043a. ) 

1044b.  Discharge  of  enlisted  men  on  account  of  dependents,  active 
duty  of  retired  enlisted  men,  grades  and  pay. — The  President  may 
provide  for  the  discharge  of  any  or  all  enlisted  men  whose  status 
with  respect  to  dependents  ^  renders  such  discharge  advisable :  and 
he  may  also  authorize  the  employment  on  any  active  duty  of  retired 
enlisted  men  of  the  Regular  Army,  either  with  their  rank  on  the  re- 
tired list  or  in  higher  enlisted  grades,  and  such  retired  enlisted  men 
shall  receive  the  full  pay  and  allowances  of  the  grades  in  which  they 
are  actively  employed.^    Sec.  7,  Act  of  May  18,  1917  {iO  Stat.  81), 

( For  the  preceding  provision  of  this  section  seen  paragraph  lOSlh^,  ante,  and 
for  the  ensuing  section  see  paragraphs  1663,  1664,  post. ) 

1  Held,  that  this  provision  is  applicable  to  all  discharges  by  purchase  issued 
on  and  after  the  date  of  the  approval  of  the  act,  irrespective  of  the  time  when 
tlie  soldier  enlisted. 

Held,  that  this  provision  as  a  whole  is  inapplicable  to  the  National  Guard,  in 
view  of  the  alternative  of  furloughing  the  soldier  "to  the  Regular  Army  Re- 
serve," and  that  its  terms  indicate  that  it  was  intended  to  apply  only  to  the 
lU'^vuhir  Army.     (War  Dept.  Bull.  18,  July  8,  1916.) 

Held,  that  this  provision  repeals  section  30  of  the  act  of  February  2,  1901 
(31  Stat.,  756),  which  authorized  the  discharge  only  upon  the  death  of  a  de- 
pendent parent  and  after  one  year's  service.  (War  Dept.  Bull.  28,  Aug.  18, 
1916.) 

^An  enlisted  man,  who  was  entitled  to  an  honorable  discharge  because  of 
dependent  relatives,  through  error  was  given  a  discharge  without  honor  reciting 
that  he  was  discharged  on  account  of  fraudulent  enlistment.  Although  the 
certificate  of  discharge,  having  been  executed,  can  not  be  revoked,  it  can  be 
corrected  by  an  indorsement  thereon  so  as  to  show  the  true  facts.  The  records 
of  the  War  Department  can  be  similarly  corrected.  These  corrections  having 
been  made,  the  man's  right  to  the  usual  pay  and  transportation  will  accrue  as 
upon  an  honorable  discharge.     (Dig.  Opin.  J.  A.  G.,  February,  1918.) 

'  It  was  directed  in  War  Department  orders  that  certain  retired  enlisted  men 
named  therein,  "  are  assigned  to  active  duty  in  their  grades,  to  take  effect 
June  20,  1917,  and  will  be  sent  by  the  commanding  general  of  the  department  in 
which  the  soldiers  reside  to  the  stations  indicated  for  assignment  to  active 
duty."  The  men  were  not  directed  by  the  department  commander  to  report  for 
active  duty  until  some  time  after  June  20,  1C17,  and  the  question  was  presented 
whether  they  were  entitled  to  active-duty  pay  from  June  20,  the  date  named  in 
War  Department  orders  as  the  date  of  their  assignment  to  active  duty.  Sec- 
lion  7  of  the  act  of  May  18,  1917,  provides  that  the  President  may  "  authorize  the 
employment  on  any  active  duty  of  retired  enlisted  men  of  the  Regular  Army, 
either^  \\'ith  their  rank  on  the  retired  list  or  in  the  higher  enlisted  grades, 
and  such  retired  enlisted  men  shall  receive  the  full  pay  and  allowances  of  the 
grades  in  which  they  are  actively  employed. 

Held,  that  the  statute  indicates  clearly  that  the  soldiers  must  be  employed 
on  active  duty  before  full  pay  and  allowances  can  accrue ;  that  the  War  Depart- 
ment order  in  such  cases  is  to  be  regarded  only  as  authority  for  employment 
of  the  men  on  active  duty  and  does  not  have  the  effect  of  authorizing  pay 
from  the  date  mentioned  therein,  and  that  under  the  statute  active-duty  pay 
does  not  commence  until  the  men  start  in  response  to  specific  orders  to  report 
for  duty.    War  Dept.  Bull.  54,  Sept.  26,  1917.) 


230  MIUTABT  LAWS  OP  THE   UNITED  STATES,  1915. 

1045a.  Travel  allowance  of  erdhted  men  on  discharge. — On  and 
after  July  first,  nineteen  hundred  and  sixteen,  an  enlisted  man  when 
discharged  from  the  service,  except  by  way  of  punishment  for  an 
offense,  shall  receive  3|  cents  per  mile  from  the  place  of  his  dis- 
charge to  the  place  of  his  acceptance  for  enlistment,  enrollment,  or 
original  muster  into  the  service,  at  his  option.^  Sec.  126^  Act  of  June 
3^1916  {39  Stat.  217). 

(For  the  ensuiug  provision  of  this  section  see  paragiapli  1046a.) 

^Hcld,  that  the  act  of  August  24,  1912  (37  Stat.  575),  providing  for  transpor- 
tation and  subsistence  in  liiud  for  enlisted  men  on  tlieir  discharge,  or,  in  lieu 
tliereof,  2  cents  a  mile,  at  the  election  of  the  soldier,  was  repealed  by  the  act 
i)f  June  3,  1916,  and  that  on  and  after  July  1,  1916,  the  payment  of  travel  pay 
H)  enlisted  men  of  the  Army  on  discharge  will  be  governed  by  the  acts  of  June 
12,  1906  (34  Stat.  247),  and  June  3,  1916.  The  act  of  June  12,  1906,  referred 
to  provides: 

"For  the  purpose  of  determining  allowances  for  all  travel  under  orders,  or 
for  ofiicers  and  enlisted  men  on  discharge,  travel  in  the  Philippine  Archipelago, 
the  Hawaiian  Archipelago,  the  home  waters  of  the  United  States,  and  between 
the  United  States  and  Alaska  shall  not  be  regarded  as  sea  travel  and  shall  be 
paid  for  at  rates  establislied  by  law  for  laud  travel  within  the  boundaries  of  tiie 
United  States." 

Question  (a)  accordingly  answered  in  the  affirmative. 

Held,  as  to  question  (h)  that  the  language  "at  his  option"  In  section  126  of 
the  national  defense  act  has  operation  only  with  reference  to  the  prece<ling 
words  "  enrollment  "  or  "  original  muster  into  the  service  " ;  that  as  these  terms 
are  not  properly  applicable  to  enlisted  men  of  tlie  Regular  Army,  such  enlistcil 
men  on  discharge  are  entitled  to  travel  allowances  only  to  the  place-  of  their 
acceptance  for  enlistment,  i.  e.,  the  place  of  initial  acceptance,  it  being  the 
purpose  of  the  act  to  return  a  man  to  the  place  froni  which  he  was  taken  by  the 
Government.  As  to  enlisted  men  of  volunteer  or  militia  organizations  to  which 
the  terms  "  enrollment "  or  "  muster  into  the  service  "  may  apply,  they  may  ex- 
ercise an  option.  If  a  man  enters  the  military  service  as  a  part  of  a  recog- 
nized organization  which  has  been  enrolled  for  the  purpose  of  becoming  a  part 
of  the  Army,  and  such  organization  is  mustered  into  the  ser\ice  at  a  different 
place  from  that  where  the  members  were  enrolled,  he  may,  upon  discharge  or 
muster  out,  be  allowed  travel  to  the  place  of  his  enrollment  or  to  the  place  of 
his  muster  in,  as  he  may  elect,  or,  in  the  language  of  the  statute.  "  at  his  option." 
Answering  question  (6)  specifically,  an  enlisted  man  of  the  Regular  Army  is 
entitled  to  travel  pay  only  to  the  place  of  his  acceptance  for  enlistment. 
(Comp.  W.  W.  Warwick,  June  26,  1916;  War  Dept.  Bull.  18,  July  8,  191G.) 

An  enlisted  man  was  arrested  and  tried  by  the  civil  authorities  on  a  charge 
of  burglary.  His  trial  resulted  In  conviction,  but  the  sentence  was  suspended 
and  the  soldier  returned  to  the  military  av^thorities.  About  a  month  thereafter 
he  was  discharged  by  order  of  the  department  commander  because  "  con- 
victed by  a  civil  court  of  the  crime  of  burglary."  The  question  was  presented 
whether  he  was  entitled  to  travel  pay  upon  his  discharge.  Section  126.  national 
defense  act  of  June  3,  1916,  declares  that  enlisted  men  when  discharged  from 
the  service,  "  except  by  way  of  punishment  for  an  offense,"  shall  be  entitled  to 
the  travel  allowances  therein  provided. 

Held,  that  upon  the  discharge  of  a  soldier  he  is  entitled  to  travel  pay  unless 
Ids  discharge  was  (a)  by  way  of  punishment  for  an  offen.se,  (6)  by  way  of  favor 
or  for  his  own  convenience,  or  (c)  he  was  withdrawn  from  the  military  service 
t)y  the  civil  authorities,  and  that  in  the  instant  case  the  soldier  must  be  re- 
garded as  having  by  his  own  conduct  created  the  conditions  which  caused  his 
separation  from  the  military  service  under  (c),  and  that  he  was  therefore  not 
entitled  to  travel  pay  upon  his  discharge.  (Comp.  Treas.,  July  23,  1917;  War 
Dept.  Bull.  49,  Aug.  22.  1917.) 

An  enlisted  man  discharged  to  accept  a  commission  in  the  Officers'  Reserve 
Corps,  and  immediately  called  into  active  service,  is  not  entitled  to  a  travel 
allowance  under  the  provisions  of  paragraphs  1296  and  1378,  Army  Regulations, 
and  section  126  of  the  national  defense  act  of  June  3,  1916.    This  decision  is 


1915.  231 

1045b.  Sarrhe — Applies  to  enlisted  men  of  National  Guard  on  dis- 
charge from  United  States. — Nothing  contained  in  the  Act  making 
appropriations  for  the  support  of  the  Army  for  the  fiscal  year  nine- 
teen hundred  and  seventeen  shall  be  construed  as  precluding  the 
payment  of  travel  allowance  as  provided  in  section  one  hundred  and 
twenty-six  of  the  Act  approved  June  third,  nineteen  hundred  and 
sixteen,  to  enlisted  men  of  the  National  Guard  on  their  discharge 
from  the  service  of  the  United  States,  and  the  appropriation  for  the 
transportation  of  the  Army  and  its  supplies  for  the  fiscal  year  nine- 
teen hundred  and  seventeen  shall  be  available  for  this  purpose  and 
also  for  the  purpose  of  paying  travel  pay  to  officers  of  the  National 
Guard  on  their  discharge  from  the  service  of  the  United  States,  as 
prescribed  in  the  Act  approved  March  second,  nineteen  hundred  and 
one.     Act  of  Sept  8, 1916  {39  Stat,  810), 

1046a,  Sea  travel  on  discharge. — For  sea  travel  on  discharge  trans- 
portation and  subsistence  only  shall  be  furnished  to  enlisted  men. 
Sec.  126,  Act  of  June  3, 1916  (39  Stat.  217). 

1064a.  Alien  enemies  not  admitted  to  citizenship. — No  alien  who 
is  a  native  citizen  or  subject,  or  a  denizen  of  any  country,  state,  or 
sovereignty  with  which  the  United  States  are  at  war,  at  the  time  of 
his  application,  shall  be  then  admitted  to  become  a  citizen  of  the 
United  States.    Sec.  2171,  R.  S,       * 

based  upon  a  ruling  of  the  Comptroller  of  the  Treasury  (24  Ck)mp.  Dec.  345) 
that  an  enlisted  man  discharged  to  enable  him  to  reenlist  was  not  within  the 
meaning  of  the  statute  as  he  was  not  discharged  from  the  service.  Where,  how- 
ever, a  soldier  so  discharged  to  accept  a  commission  is  not  at  once  called  to 
active  duty  but  proceeds  to  his  home  and  from  there  is  subsequently  ordered 
on  active  duty,  he  is  entitled  to  travel  pay  as  a  discharged  enlisted  man  from 
the  place  of  his  discharge  to  the  place  of  his  enlistment.  (National  defense 
act  of  .June  3.  1916,  sec.  126),  and  to  mileage  from  the  place  where  he  received 
his  orders  placing  him  on  active  duty  (A.  K.  1296— a  A.  li.  No,  62,  Nov.  5,  1917; 
Dig.  Opin.  J.  A,  G.,  January,  1918.) 


CHAPTER   XXVIL 


THE  TKOOPS  OF  THE  LINE. 


Par. 

Cavalry 1071a-1075a 

Composition  and  organization  of 

regiment  1071a 

Provisional  organization  of  cav- 
alry into  field  artillery  or  in- 
fantry    1071b 

Reorganization  as  cavalry  regi- 
ments on  termination  of  war_  1071c 

Composition  of  squadrons  and 
troops 1074a 

Composition  of  headquarters 
troops 1074b 

Composition  of  machine-gun 
troops 1074c 

Composition  of  supply  troops 1074d 

Couimissioned  officers  for  troop 
organizations  to  be  assigned 
from  officers  authorized 1074e 

Increase  of  noncommissioned 
officers  and  privates 1075a 

Subscriptions  for  newspapers 
and  periodicals  under  Chief 
of  Coast  Artillery 1083a 

Officers  retired  before  separa- 
tion of  Field  and  Coast  Ar- 
tillery to  be  regarded  as  hav- 
ing belonged  to  Field  Artil- 
lery    1084a 

Coast  Artillery  Corps 1086a-1086c 

Composition  of 1086a 

Same- — Composition  and  number 
of  rated  men ;  pay  of  cox- 
swains    1086b 

Chief  of  Coast  Artillery  to  have 

rank  of  major  general 1086e 

Field  Artillery 1090a-1091f 

Composition  and  organization 
of   1090a 

Organization  of  ammunition  and 
depot  batteries  and  battalions 
and  artillery  parks  in  time  of 
actual  or  threatened  hostili- 
ties    1090b 


Par. 

Composition  of  regiment 1090c 

Composition  of  gun  or  howitzer 
battery 1091a 

Same — Packmaster,  assistant, 
and  cargador  for  mountain 
battery  in  absence  of  enlisted 
men  of  Quartermaster  Corps 
for  such  positions 1091b 

Composition  of  headquarters 
company  in  regiment  of  two 
battalions 1091c 

Same — Regiment  of  three  bat- 
talions      1091d 

Composition  of  supply  company 

in  regiment  of  two  battalions-  1091e 

Same — Regiment  of  three  bat- 
talions       1091f 

Composition  of  gun  or  howitzer 
battalions 1091g 

Increase  of  noncommissioned 
officers  and  privates  for  head- 
quarters and  supply  compa- 
nies of  regiments  of  two  and 
three  battalions 1091h 

Infantry  1095a-1099a 

Composition  and  organization 
of  regiment • 1095a 

Composition    of    battalion    and 

company 1095b 

Composition     of     headquarters 

company 1097a 

Composition  of  machine-gun 
company  1097b 

Composition  of  supply  company.    1097c 

Comissioned  officers  for  com- 
pany organizations  to  be  as- 
signed from  officers  author- 
ized    1097d 

Increa  se  in  noncommissioned 
officers  and  privates  in  com- 
panies of 1098a 

Infantry   band   organization   at 

recruiting  depots 1099a 

233 


234  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

CAVALRY. 

1071a.  Composition  and  organization  of  regiment. — Each  regiment 
of  Cavalry  shall  consist  of  one  colonel,  one  lieutenant  colonel,  three 
majors,  fifteen  captains,  sixteen  first  lieutenants,  sixteen  second  lieu- 
tenants, one  headquarters  troop,  one  machine-gun  troop,  one  supply 
troop,  and  twelve  troops  organized  into  three  squadr^ons  of  four 
troops  each.    Sec.  18,  Act  of  June  3,  1916  {39  Stat.  178). 

(See  paragraph  929i  for  increase  of  17  colonels  of  Cavalry  and  4  colonels  of 
Infantry  to  equalize  inequalities  in  past  promotions  of  officers  of  the  line  of  the 
Army.  See,  also,  paragraph  935a,  ante,  for  authorization  for  transfer  and  pro- 
motion or  transfer  without  promotion  from  one  arm  of  the  service  to  another, 
in  order  to  lessen  inequalities  in  promotion  due  to  Increase  in  number  of  officers 
of  line  of  the  Army.) 

1071b.  Provisional  organization  of  Cavalry  into  Field  Artillery  or 
Infantry. — During  the  present  emergency  the  President  be,  and  he  is 
hereby,  authorized  to  organize  provisionally  as  Field  Artillery  or 
Infantry  and  to  use  as  Field  Artillery  or  Infantry  during  the  existing 
emergency  such  regiments  of  Cavalry  as  he  may  designate.^  Act  of 
Oct.  6,  1917  {JfO  Stat.  398). 

1071c.  Same — Reorganization  as  cavalry  regiments  on  termination 
of  war. — Immediately  after  the  termination  of  the  existing  emer- 
gency such  regiments  shall  be  reorganized  as  Cavalry  regiments  in 
accordance  with  the  prescribed  organization  of  such  regiments.    Id. 

1074a.  Composition  of  squadrons  and  troops. — Each  squadron  shall 

consist  of  one  major,  one  first  lieutenant  (squadron  adjutant),  and 

four  troops.     Each  troop  in  squadron  shall  consist  of  one  captain, 

one  first  lieutenant,  one  second  lieutenant,  one  first  sergeant,  one  mess 

sergeant,  one  supply  sergeant,  one  stable  sergeant,  five  sergeants,  eight 

corporals,  two  cooks,  two  horseshoers,  one  saddler,  two  buglers,  ten 

privates  (first  class),  and  thirty-six  privates.^    Sec.  18,  Act  of  June 

S,  1916  {39  Stat.  178). 

(For  authorization  for  1,000  additional  sergeants  for  detail  from  the  Infantry, 
Cavalry,  Field  Artillery,  Corps  of  Engineers,  Coast  Artillery  Corps,  Medical 
Department,  and  Signal  Corps  of  the  Regular  Army,  with  corresponding  or- 
ganizations of  the  National  Guard,  to  assist  in  the  instruction  of  its  personnel 
and  the  care  of  property ;  and  the  similar  detail  of  100  additional  sergeants 
with  the  discipliuMry  organizations  at  the  United  States  Disciplinary  Barracks, 
see  paragraph  1332a.) 

*  Regiments  of  Cavalry  organized  provisionally  as  Field  Artillery  under  the 
act  of  October  6,  1917,  cease  for  the  time  being  to  be  Cavalry  regiments.  An 
officer  of  such  a  reorganized  regiment  should  wear  the  insignia  and  sign  his 
rank  as  of  the  regiments  of  Field  Artillery  in  which  he  is  serving.  (War  Dept. 
Bull.  75,  Dec.  31,  1917.) 

Under  the  third  paragraph  of  section  1  of  the  selective-draft  act,  the  Presi- 
dent has  authority  to  provide  that  Cavalry  regiments  organized  provisionally 
as  Field  Artillery  may  retain  their  existing  noncommissioned  personnel  until 
absorbed,  but  no  special  authority  can  be  given  to  a  single  organization  to  do 
so.     (Id.) 

^  Held,  that  the  national-defense  act  by  not  including  farriers  in  the  composi- 
tion prescribed  for  Cavalry  units  abolished  that  grade  with  the  result  that  en- 
listed men  holding  the  grade  of  farrier  reverted  to  the  grade  of  private  and  will 
continue  to  serve  as  such  unless  they  are  appointed  to  some  grade  authorized 
by  the  national-defense  act.     (War.  Dept.  Bull.  34,  Sept.  12,  1916.) 


MILITABY    LAWS   OF   THE   UNITED  STATES,  1915.  235 

1074b.  Composition  of  headquarters  troops, — Each  headquarters 
troops  shall  consist  of  one  captain  (regimental  adjutant),  one  regi- 
mental sergeant  major,  three  squadron  sergeants  major,  one  first 
setgeant  (drum  major),  two  color  sergeants,  one  mess  sergeant,  one 
supply  sergeant,  one  stable  sergeant,  one  sergeant,  two  cooks,  one 
horseshoer,  one  saddler,  two  privates  (first  class),  and  nine  privates, 
one  band  leader,  one  assistant  band  leader,  one  sergeant  bugler,  two 
band  sergeants,  four  band  corporals,  two  musicians  (first  class), 
four  musicians  (second  class),  and  thirteen  musicians  (third 
class ).^    Id, 

1074c.  Composition  of  machine-gun  troops, — Each  machine-gun 
troop  shall  consist  of  one  captain,  one  first  lieutenant,  two  second 
lieutenants,  one  first  sergeant,  one  mess  sergeant,  one  supply  sergeant, 
one  stable  sergeant,  two  horseshoers,  five  sergeants,  six  corporals, 
two  cooks,  one  mechanic,  one  saddler,  two  buglers,  twelve  privates 
(first  class),  and  thirty-five  privates.    Id, 

1074d.  Composition  of  supply  troops. — Each  supply  troop  shall 
consist  of  one  captain  (regimental  supply  officer),  two  second  lieu- 
tenants, three  regimental  supply  sergeants,  one  first  sergeant,  one 
mess  sergeant,  one  stable  sergeant,  one  corporal,  one  cook,  one  horse- 
shoer, one  saddler,  and  one  wagoner  ^  for  ea^h  authorized  wagon  of 
the  field  and  combat  train.    Id,  179. 

(For  the  next  ensuing  provision  of  this  section  see  paragraph  1075a.) 

1074e.  Commissioned  officers  for  troop  organizations  to  he  assigned 
from  officei's  authorized, — The  commissioned  officers  required  for  the 
Cavalry  headquarters,  supply,  and  machine-gun  troops,  and  for  the 
troops  organized  into  squadrons,  shall  be  assigned  from  those  herein- 
before authorized.    Id, 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
1075a.) 

1075a.  Increase  of  noncommissioned  officers  and  privates. — The 
President  may,  in  his  discretion,  increase  each  troop  of  Cavalry  by 
ten  privates  (first  class)  and  twenty-five  privates;  the  headquarters 

*  Held,  that  service  of  a  commissioned  officer  in  command  of  such  a  head- 
quarters company  or  troop  constitutes  service  "  with  a  troop,  battery,  or  com- 
pany," ^^^tllin  the  purview  of  the  detached-service  act  of  1912.  (War  Dept. 
Bull.  39,  Oct.  6,  1916.) 

^  An  enlisted  man  who  was  furloughed  to  the  Regular  Army  Reserve  in  the 
gT'ade  of  wagoner  of  Cavalry  was,  upon  being  recalled  to  the  colors  for  active 
duty  by  the  President's  summons  of  July  18,  1916,  taken  up  and  carried  on 
the  rolls  as  private,  under  the  view  that  the  grade  of  wagoner  of  Cavalry 
was  abolished  by  the  national-defense  act  of  June  3,  1916. 

Held,  that  the  grade  of  wagoner  of  Cavalry  was  not  abolished  by  the  national- 
defense  act,  but  was  preserved  in  the  supply  company  created  for  each  regiment 
of  Cavalry  as  provided  by  section  18  of  that  act,  and  that  therefore  the  soldier 
under  consideration  was  entitled  to  be  carried  on  the  rolls  in  the  grade  of 
wagoner  of  Cavalry  and  paid  as  such,  in  accordance  with  paragraph  86  of  the 
Regulations  for  the  Regular  Army  Reserve,  1916.  (War  Dept.  Bull.  26,  IViay 
7,  1917.) 


236  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

troop  by  two  sergeants,  five  corporals,  one  horseshoer,  five  privates 
(first  class),  and  eighteen  privates;  each  machine-gun  troop  by  three 
sergeants,  two  corporals,  one  mechanic,  one  private  (first  class),  and 
fourteen  privates;  each  supply  troop  by  one  corporal,  one  cook,  one 
saddler,  and  one  horseshoer.    Id. 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  1074d,  and  for  the  ensuing  provision  see  paragraph  1074e.) 

1083a'.  Subscriptions  for  newspapers  and  periodicals  under  Chief 
of  Coast  Artillery. — Section  thirty-six  hundred  and  forty-eight, 
Revised  Statutes,  shall  not  apply  to  subscriptions  for  foreign  and 
professional  newspapers  and  periodicals  to  be  paid  for  from  this 
appropriation.    Act  of  Mar.  4, 1916  {38  Stat.  1063), 

1084a.  Officers  retired  before  separation  of  Field  and  Coast  Artil- 
lery to  be  regarded  as  having  belonged  to  Field  Artillery. — In  de- 
termining the  rights  of  officers  in  the  last  proviso  of  section  twenty- 
four^  of  said  national-defense  Act,  officers  retired  before  the  sep- 
aration of  the  Field  Artillery  from  the  Coast  Artillery  shall  be 
regarded  as  having  belonged  to  the  Field  Artillery.  Act  of  Aug. 
29,  1916  (39  Stat.  623). 

(For  provisions  of  this  chapter  relating  to  the  Field  Artillery  see  paragraph 
1090a-1091f.) 

COAST   ARTILLERY    CORPS. 

1086a.  Composition  of. — The  Coast  Artillery  Corps  shall  consist 
of  one  Chief  of  Coast  Artillery,  with  the  rank  of  brigadier  gen- 
eral ;  *  twenty-four  colonels ;  twenty-four  lieutenant  colonels ;  seventy- 
two  majors;  three  hundred  and  sixty  captains;  three  hundred  and 
sixty  first  lieutenants;  three  hundred  and  sixty  second  lieutenants; 
thirty-one  sergeants  majors, senior  grade;  sixty-four  sergeants  major, 
junior  grade;  forty-one  master  electricans;  seventy-two  engineers; 
ninety-nine  electrician  sergeants,  first  class;  two  hundred  and 
seventy-five  assistant  engineers;  ninety-nine  electrician  sergeants, 
second  class;  one  hundred  and  six  firemen;  ninety-three  radio 
sergeants;  sixty-two  master  gunners;  two  hundred  and  sixty-three 
first  sergeants;  two  hundred  and  sixty-three  supply  sergeants;  two 
hundred  and  sixty-three  mess  sergeants;  two  thousand  one  hun- 
dred and  four  sergeants;  three  thousand  one  hundred  and  fifty- 
six  corporals;  five  hundred  and  twenty-six  cooks;  five  hundred  and 
twenty-six  mechanics;  five  hundred  and  twentj^-six  buglers;  five 
thousaiid  two  hundred  and  twenty-five  privates,  first  class;  fifteen 
thousand  six  hundred  and  seventy-five  privates ;  and  eighteen  bands, 

^  See  paragraph  958f  for  the  provision  referred  to. 

'  For  provision  in  section  3,  Act  of  October  6,  1917,  giving  the  Chief  of  Coast 
Artillery  the  rank,  pay,  and  allowances  of  major  general,  see  paragraph  373, 
ante. 

*  For  composition  of  the  Engineer  band  see  paragraph  792,  ante. 


MILITAKY   LAWS   OF   THE  UNITED  STATES,  1915.  237 

organized  as  hereinbefore  provided  for  the  Engineer  Band.^     Sec. 
20,  Act  of  June  3,  1916  {39  Stat.  180). 

( For  authorization  for  1,000  additional  sergeants  for  detail  from  the  Infantry, 
Cavalry,  Field  Artillery,  Corps  of  Engineers,  Coast  Artillery  Corps,  Medical 
Department,  and  Signal  Corps  of  the  Regular  Army,  with  corresponding  or- 
ganizations of  the  National  Guard,  to  assist  in  the  instruction  of  its  personnel 
and  the  care  of  property ;  and  the  similar  detail  of  100  additional  sergeants 
with  the  disciplinary  organizations  at  the  United  States  Disciplinary  Barracks, 
see  paragraph  1332a.) 

Held,  that  the  effect  of  the  provision  quoted  from  section  28  Ls  only  to  prevent 
the  reduction  in  the  pay  of  grades  and  has  no  application  where  a  grade  is 
;  bolished  and  a  new  grade  created  in  lieu  thereof,  as  in  the  present  case,  and 
that,  therefore,  the  band  corporal  who  was  reduced  from  a  principal  musician, 
could  not,  while  he  held  the  position  of  band  corporal,  receive  more  as  base  pay 
than  that  prescribed  by  the  statute  for  that  grade.  (War  Dept.  Bull.  39,  Oct. 
G,  1916.) 

The  plan  of  organization  of  the  Engineer  units  is  provided  for  in  section  11 
of  the  same  act.  The  grade  of  mess  sergeant  is  included  in  each  company,  but 
not  specified  for  the  band  organization. 

11  (id,  that  the  organization  of  each  of  the  18  bands  of  the  Coast  Artillery 
Corps  being  legally  the  same  as  that  of  the  Engineer  band,  the  grade  of  ser- 
geant is  not  included,  since  this  grade  is  not  included  in  the  Engineer  Corps  as 
prescribed  by  statute.  It  is  the  intention  of  that  law  that  the  263  mess  ser- 
geants authorized  in  section  20  of  the  act  of  June  3,  1916,  shall  suffice  for  all 
organizations  of  the  Coast  Artillery  Corps,  and  band  sergeants  of  said  corps 
mav  not  be  detailed  as  mess  sergeants.  (Comp.  Treas.,  Apr.  10,  1917 ;  War  Dept, 
Bull.  26,  May  7,  1917.) 

1086b.  Same — Composition  and  number  of  rated  men;  pay  of  cox- 
swahis. — The  rated  men  of  the  Coast  Artillery  Corps  shall  consist 
of  casemate  electricians ;  observers,  first  class ;  plotters ;  chief  plant- 
ers; coxswains;  chief  loaders;  observers,  second  class;  gun  com- 
manders and  gun  pointers.  The  total  number  of  rated  men  shall  not 
exceed  one  thousand  seven  hundred  and  eighty-four.  Coxswaiiis 
shall  receive  $9  per  month  in  addition  to  the  pay  of  their  grade.     Id, 

1086c.  Chief  of  Coast  Artillery  to  have  rank  of  major  general. — 
Hereafter  the  Chief  of  Coast  Artillery  shall  have  the  rank,  pay,  and 
allowances  of  a  major  general.    Act  of  July  6,  1916  {39  Stat.  3^9), 

FIELD   ARTILLERY.^ 

1090a.  Composition  and  organization  of. — The  Field  Artillery,  in- 
cluding mountain  artillery,  light  artillery,  horse  artillery,  heavy 
artillery  (field  and  siege  types),  shall  consist  of  one  hundred  and 
twenty-six  gun  or  howitzer  batteries  organized  into  twenty-one  regi- 
ments.    Sec.  19,  Act  of  June  3, 1916  {39  Stat.  179) . 

(For  provision  that  certain  officers  retired  before  the  separation  of  the  Field 
Artillery  from  the  Coast  Artillery  shall  be  regarded  as  having  belonged  to  the 
Field  Artillery  in  determining  their  rights,  see  paragraph  1084a,  ante.) 

1090b.  Organization  of  ammunition  and  depot  batteries  and  hat- 

talions  and  artillery  parks  in  time  of  actual  or  threatened  hostlli' 

ties. — In  time  of  actual  or  threatened  hostilities  the  President  is 

authorized  to  organize  such  number  of  ammunition  batteries  and 

^  For  authorization  for  the  provisional  organization  of  cavalry  into  Field 
Artillery  or  Infantry  during  the  present  emergency,  see  paragraphs  1071b  and 
1071c,  ante. 


238  MILITARY   LAWS   OF    THE   UNITED  STATES,   1&15. 

battalions,  depot  batteries  and  battalions,  and  such  artillery  parks, 
with  such  number  and  grades  of  personnel  and  such  organizations 
as  he  may  deem  necessary.  The  officers  necessary  for  such  organiza- 
tion shall  be  supplied  from  the  Officers'  Reserve  Corps  provided  by 
this  Act  and  by  temporary  appointment,  as  authorized  by  section 
eight  of  the  Act  of  Congress  approved  April  twenty-fifth,  nineteen 
hundred  and  fourteen.^  The  enlisted  men  necessary  for  such  organ- 
izations shall  be  supplied  from  the  Regular  Army  Reserve  provided 
by  this  Act  or  from  the  Regular  Army.     Id. 

1090c.  Composition  of  regiment. — ^Each  regiment  of  Field  Artil- 
lery shall  consist  of  one  colonel,  one  lieutenant  colonel,  one  captain, 
one  headquarters  company,  one  supply  company,  and  such  number 
of  gun  and  howitzer  battalions  as  the  President  may  direct.  Nothing 
shall  prevent  the  assembling,  in  the  same  regiment,  of  gun  and  how- 
itzer battalions  of  different  calibers  and  classes.     Id. 

1091a.  Composition  of  gun  or  howitzer  battery. — Each  gun  or 
howitzer  battery  shall  consist  of  one  captain,  two  first  lieutenants, 
two  second  lieutenants,  one  first  sergeant,  one  supply  sergeant,  one 
stable  sergeant,  one  mess  sergeant,  six  sergeants,  thirteen  corporals, 
one  chief  mechanic,  one  saddler,  two  horseshoers,  one  mechanic,  two 
buglers,  three  cooks,  twenty-two  privates  (first  class),  and  seventy- 
one  privates.    Id, 

\For  authorization  of  1,000  additional  sergeants  for  detail  from  the  Infantry, 
Cnvalry,  Field  Artillery,  Corps  of  Engineers.  Coast  Artillery  Corps,  Medical 
Department,  and  Signal  Corps  of  the  Regular  Army,  with  corresponding  or- 
ganizations of  the  National  Guard,  to  assist  in  the  instruction  of  its  personnel 
and  the  care  of  property;  and  the  similar  derail  of  100  additional  sergeants 
with  the  disciplinary  organizations  at  the  United  States  Disciplinary  Barracks, 
see  paragraph  1332a.) 

1091b.  Same — Packm/ister^  assistant^  and  cargador  for  m^ountain 
battery  in  absentee  of  enlisted  men  of  Quartermaster  Corps  for  such 
positions. — When  no  enlisted  men  of  the  Quartermaster  Corps  are 
attached  for  such  positions  there  shall  be  added  to  each  battery  of 
mountain  artillery  one  paclonaster  (sergeant,  first  class),  one  assist- 
ant packmaster  (sergeant),  and  one  cargador  (corporal).^    Id. 

1091c.  Composition  of  headquarters  company  in  regiment  of  two 
battalions. — Each  headquarters  company  of  a  regiment  of  two  bnt- 
ta lions  shall  consist  of  one  captain,  one  first  lieutenant,  one  regimen- 
tal sergeant  major,  two  battalion  sergeants  major,  one  first  sergeant, 
two  color  sergeants,  one  mess  sergeant,  one  supply  sergeant,  one 
stable  sergeant,  two  sergeants,  nine  corporals,  one  horseshoer,  one 

*  See  chapter  entitled  "  Volunteers."  paragraph  1.SS9,  or  38  Stat.  349. 

'  Held,  that  it  is  clearly  the  intent  of  the  statute  that  said  rates  in  the 
Quartermaster  Corps  shall  apply  to  enlisted  men  occupying  the  positions  of 
paciiuiaster,  assistant  packmaster,  and  cargador.  respectively,  whether  the  men 
are  assigned  from  the  Quartermaster  Corps  or  are  "added"  as  provided  by  the 
act.     (War  Dept  Bull.  28,  Aug.  18,  1916.) 


MILITARY  ULWS  OF  THE  UNITED  STATES,  1915.  239 

saddler,  on©  mechanic,  three  buglers,  two  cooks,  five  privates  (first 
class),  fifteen  privates,  one  band  leader,  one  assistant  band  leader, 
one  sergeant  bugler,  two  band  sergeants,  four  band  corporals,  two 
musicians  (first  class),  four  musicians  (second  class),  and  thirteen 
musicians  (third  class). ^    Id. 

1091d.  Same — Regiment  of  three  hattalions. — When  a  regiment 
consists  of  three  battalions  there  shall  be  added  to  the  headquarters 
company  one  battalion  sergeant  major,  one  sergeant,  three  corporals, 
one  bugler,  one  private  (first  class),  and  five  privates.  When  no 
enlisted  men  of  the  Quartermaster  Corps  are  attached  for  such  posi- 
tions, there  shall  be  added  to  each  mountain  artillery  headquarters 
company  one  packmaster  (sergeant,  first  class),  one  assistant  pack- 
master  (sergeant),  and  one  cargador  (corporal).*    Id. 

1091e.  Composition  of  supply  company  in  regiment  of  two  bat- 
talions.— Each  supply  company  of  a  regiment  of  two  battalions  shall 
consist  of  one  captain,  one  first  lieutenant,  two  regimental  supply 
sergeants,  one  first  sergeant,  one  mess  sergeant,  one  corporal,  one 
cook,  one  horseshoer,  one  saddler,  two  privates,  and  one  wagoner  for 
each  authorized  wagon  of  the  field  train.    Id.  180. 

1091f.  Same — Regiment  of  three  battalions. — Wben  a  regiment 
consists  of  three  battalions  there  shall  be  added  to  the  supply  com- 
pany one  second  lieutenant,  one  regimental  supply  sergeant,  one  pri- 
vate, and  one  wagoner  for  each  additional  authorized  wagon  of  the 
field  train.    Id. 

lOSlg.  Composition  of  gun  or  howitzer  battalions. — Each  gun  or 
howizer  battalion  shall  consist  of  one  major,  one  captain,  and  bat- 
teries as  follows:  Mountain  artillery  battalions  and  light  artillery 
gun  or  howitzer  battalions  serving  with  the  field  artillery  of  Infan- 
try divisions  shall  contain  three  batteries;  horse  artillery  battalions 
and  heavy  field  artillery  gun  or  howitzer  battalions  shall  contain  two 

batteries.    Id. 

t 

^  Held,  that  service  of  a  commissioned  officer  In  command  of  such  a  head- 
quarters company  or  troop  constitutes  service  "  with  a  troop,  battery,  or  com- 
pany," within  the  purview  of  the  detached-service  act  of  1912.  (War  Dept. 
Bull.  39,  Oct  6,  1916.) 

The  question  was  presented  whether  a  regimental  adjustant  of  Field  Artillery 
is  to  be  deemed  present  for  duty  with  a  troop,  battery,  or  company,  within  the 
meaning  of  the  detached-service  act  of  August  24,  1912. 

Held,  as  follows:  As  to  a  regiment  of  infantry,  it  has  been  held  that  the 
adjutjint  thereof  is  on  duty  "with  a  troop,  battery,  or  company"  within  the 
purview  of  the  detached-service  law,  because  he  is  in  command  of  the  head- 
quarters company.  (Bull.  39,  W.  D.,  1916,  p.  12.)  While  the  national-defense 
act  provides  that  a  regimental  adjutant  of  Infantry  or  Cavalry  shall  com- 
mand the  headquarters  company  or  headquarters  troop,  as  the  ca.se  may  be, 
this  is  not  so  as  to  the  adjutant  of  a  Field  Artillery  regiment.  He  does  not 
command  the  headquarters  company,  the  supply  company,  nor  any  battery  in 
the  regiment,  other  captains  having  been  provided  as  component  parts  of  those 
oiganizations  for  that  purpose.  (Sec.  19,  national-defense  act.)  A  regimental 
adjutant  of  Field  Artillery  is,  therefore,  an  additional  officer,  and  he  is  not,  so 
hmii  as  he  occupies  his  normal  status  as  adjutant,  on  duty  with  a  troop,  battery, 
or  company,  within  the  meaning  of  the  detached-service  act  of  1912.  (War 
Dept.  Bull.  3,  Jan.  19,  1917.) 

*  Footnote  to  preceding  paragraph  also  applies  to  this. 


240  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

1091h.  Increase  of  noncomrriissioned  officers  and  privates  for  head- 
qxiarters  and  supply  companies  of  regiments  of  two  and  three  bat- 
talions,— The  President  may,  in  his  discretion,  increase  the  head- 
quarters company  of  a  regiment  of  two  battalions  by  two  sergeants, 
five  corporals,  one  horseshoer, one  mechanic,  one  private  (first  class), 
and  six  privates;  the  headquarters  company  of  a  regiment  of  three 
battalions,  by  one  sergeant,  seven  corporals,  one  horseshoer,  one 
mechanic,  two  cooks,  two  privates  (first  class),  and  seven  privates; 
the  supply  company  of  a  regiment  of  two  battalions  by  one  corporal, 
one  cook,  one  horseshoer,  and  on  saddler ;  the  supply  company  for  a 
regiment  of  three  battalions  by  one  corporal,  one  cook,  one  horse- 
shoer, and  one  saddler ;  a  gun  or  howitzer  battery  by  three  sergeants, 
seven  corporals,  one  horseshoer,  two  mechanics,  one  bugler,  thirteen 
privates  (first  class),  and  thirty-seven  privates.    Id, 

INFANTRY.* 

1095a.  Composition  and  organization  of  regiment, — Each  regiment 
of  Infantry  shall  consist  of  one  colonel,  one  lieutenant  colonel,  three 
majors,  fifteen  captains,  sixteen  first  lieutenants,  fifteen  second  lieu- 
tenants, one  headquarters  company,  one  machine-gun  company,  one 
supply  company,  and  twelve  Infantry  companies  organized  into 
three  battalions  of  four  companies  each.  Sec,  17^  act  of  June  3, 1916 
{39  Stat,  177), 

(See  paragraph  929i,  ante,  for  increase  of  17  colonels  of  Cavalry  and  4 
colonels  of  Infantry  to  equalize  inequalities  in  past  promotions  of  officers  of 
the  line  of  the  Army.  See  also  paragraph  935a,  ante,  for  authorization  for 
transfer  and  promotion  or  transfer  without  promotion  from  one  arm  of  the 
service  to  another,  in  order  to  lessen  inequalities  in  promotion  due  to  increase 
in  number  of  officers  of  line  of  the  Army.) 

1095b.  Composition  of  battalion  and  company, — Each  battalion 
shall  consist  of  one  major,  one  first  lieutenant,  mounted  (battalion 
adjutant),  and  four  companies.  Each  Infantry  company  in  bat- 
talion shall  consist  of  one  captain,  one  first  lieutenant,  one  second 
lieutenant,  one  first  sergeant,  one  mess  sergeant,  one  supply  sergeant, 
six  sergeants,  eleven  corporals,  two  cooks,  two  buglers,  one  mechanic, 
nineteen  privates  (first  class),  and  fifty-six  privates.     Id.  178, 

(For  authorization  for  1,000  additional  sergeants  for  detail  from  the  Infantry, 
Cavalry,  Field  Artillery,  Corps  of  Engineers,  Coast  Artillery  Corps,  Medical 
Department,  and  Signal  Corps  of  the  Regular  Army,  with  corresponding  or- 
ganizations of  the  National  Guard,  to  assist  in  the  instruction  of  its  personnel 
and  the  care  of  property ;  and  the  similar  detail  of  100  additional  sergeants 
with  the  disciplinary  organizations  at  the  United  States  Disciplinary  Barracks, 
see  paragraph  1332a.) 

1097a.  Composition  of  headquarters  company. — Each  Infantry 
headquarters  company  shall  consist  of  one  captain,  mounted  (regi- 
mental adjutant);  one  regimental  sergeant  major,  mounted;  three 
battalion  sergeants  major,  mounted;  one  first  sergeant   (drum  ma- 

*  For  authorization  for  the  provisional  organization  of  cavalry  into  field 
artillery  or  infantry  during  the  present  emergency,  see  paragraphs  1071b 
and  1071c,  ante. 


MILITARY   LAWS   OF    THE   U KITED   STATES^  1915.  241 

jor)  ;  two  color  sergeants;  one  mess  sergeant;  one  supply  sergeant; 
one  stable  sergeant;  one  sergeant;  two  cooks;  one  horseshoer;  one 
band  leader;  one  assistant  band  leader;  one  sergeant  bugler;  two 
band  sergeants;  four  band  corporals;  two  musicians,  first  class;  four 
musicians,  second  class ;  thirteen  musicians,  third  class ;  four  privates, 
first  class,  mounted ;  and  tAvelve  privates,  mounted/     Id. 

1087b.  Composition  of  macMne-giin  comfany. — Each  Infantry 
machine-gun  company  shall  consist  of  one  captain,  mounted ;  one  first 
lieutenant,  mounted;  two  second  lieutenants,  mounted;  one  firet  ser- 
geant, mounted;  one  mess  sergeant;  one  supply  sergeant,  mounted; 
one  stable  sergeant,  mounted;  one  horseshoer;  five  sergeants;  six 
corporals;  two  cooks;  tw^o  buglers;  one  mechanic;  eigbt  privates, 
first  class;  and  tw^enty-four  privates.    Id. 

1097c.  Composition  of  supply  company, — Each  Infantry  supply 
company  shall  consist  of  one  captain,  mounted ;  one  second  lieutenant, 
mounted ;  three  regimental  supply  sergeants,  mounted ;  orie  first  ser- 
geant, mounted ;  one  mess  sergeant ;  one  stable  sergeant ;  one  corporal, 
mounted;  one  cook;  one  saddler;  one  horseshoer;  and  on^  wagoner 
for  each  authorized  wagon  of  the  field  and  combat  train.    Id, 

(For  the  ensuing  provision  of  tliis  section  see  paragraph  1098a.) 

1097d.  Commissioned  officers  for  company  organizations  to  te  as- 
signed from  officers  authorized. — The  commissioned  officers  required 
for  the  Infantry  headquarters,  supply,  and  machine-gun  companies 
and  for  the  companies  organized  into  battalions  shall  be  assigned 
from  those  hereinbefore  authorized.    Id. 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  1098a.) 

1098a.  Increase  in  noncommissioned  offtcers  and  privates  in  com- 
panies of. — The  President  may  in  his  discretion  increase  a  company 
of  Infantry  by  two  sergeants,  six  corporals,  one  cook,  one  mechanic, 
nine  privates  (first  class),  and  thirty-one  privates;  an  Infantry 
machine-gun  company  by  two  sergeants,  two  corporals,  one  mechanic, 
four  privates  (first  class),  and  twelve  privates.    Id. 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragraph  1097c,  and  for  ensuing  provision  see  paragrapli  1097d.) 

1099a.  Infantry  hand  organization  at  recruiting  depots. — Here- 
after one  of  the  companies  at  each  recruiting  depot  shall  have  the 
organization  of  an  Infantry  band,  to  which  recruits  showing  an  apt- 
itude for  music  maj'^  be  attached  for  examination  and  instruction 
before  assignment  to  organizations  in  the  Army.  Act  of  Mar.  S^ 
1909  {35  Stat,  7Jf5). 

^Hcld,  that  service  of  a  commissioned  officer  in  command  of  such  a  head- 
quarters company  or  troop  constitutes  service  "  with  a  troop,  battery,  or  com- 
I)any,"  within  the  purview  of  tlie  detached-service  act  of  1912.  (War  Dept. 
Bull.  39,  Oct.  6,  1916.) 

54208°— 18 16 


CHAPTER   XXVIIL 


THE     UNITED     STATES     MILITARY     ACADEMY  — THE 
ARMY  WAR  COLLEGE— THE   SERVICE  SCHOOLS. 

Par. 


Par. 

The  Military  Academy  __  1106a-1179a 

Existing  laws  relating  to  tlie 
Military  Academy,  officers  and 
enlisted  men  on  retired  list, 
detached  and  additional  offi- 
cers, etc 1106a 

Vacancies,  how  filled 1108a 

Officer  of  Army  holding  position 
of  professor,  with  certain 
service,  to  have  rank,  pay, 
etc.,  of  colonel 1108b 

Assignment  of  assistant  pro- 
fessor to  department  of  law 1116a 

Pay  and  allowances  of  associ- 
ate professor  of  mathematics ; 
detail  of  from  officers  of 
Army   1117a 

Rank,  pay,  and  allowances  of 
professor  who  has  served  not 
less  than  33  years  in  the 
Army,  one-third  of  which  has 
been  at  the  Military  Acad- 
emy   1125a 

Custodian  of  gymnasium  to  act 

as  trainer  of  athletic  team 1131a 

Master   of   the   sword,    relative 

rank,  pay,  and  allowances 1132a 

Detail  of  commissary  sergeant-  1136a 

Retirement  of  present  manager 
of  cadet  store,  pay  of 1136b 

Corps  of  Cadets 1139a-1143a 

Number  and  appointment,  in- 
cluding appointments  from 
honor  graduates  of  colleges 1139a 

Same — Appointment  of  180  from 
enlisted  men  of  Regular  Army- 
and  the  National  Guard 1139b 

Same — Appointments  authorized 
to  be  divided  into  four  annual 
increments 1139c 

Appointment  of  board  of  officers 
to  report  uix>n  needs  as  to 
buildings  to  accommodate  in- 
creased Corps  of  Cadets 1139d 

Admission    of    successor    after 

three  years'  course 1141a 

Same — Repealed,  but  appoint- 
ment of  each  member  of  pres- 
ent Corps  validated 1141b 


Appointment  from  the  Philip- 
pines   1143a 

Supplies,  technical  and  scien- 
tilic,  for  departments  of  in- 
struction, purchase  of,  by  con- 
tract or  otherwise  in  discre- 
tion of  Secretary  of  War 1158a 

Deficient  cadets 1162a-1162e 

Second  examination  where  de- 
ficient in  one  subject 1162a 

Same  —  Applicable  to  former 
cadets  who  failed  in  not  more 
than  two  subjects  during  cur- 
rent j^ear 1162b 

Same — Not  to  be  given  more 
than  one  reexamination 1162c 

Honorably  discharged  eligible 
for  appointment  as  second 
lieutenant  under  national-de- 
fense  act 1162d 

Not  eligible  for  appointment  in 
Marine  Corps  until  after 
graduation  of  his  class 1162e 

Appoint  as  second  lieutenant 
and  retire  William  H.  Kehoe, 
late  cadet 1162f 

Same— Clyde  R.  Altman 1162g 

Board  of  Visitors 1174a 

Compensation  of  Visitors 1174b 

Extra  pay  for  overseer  of  water- 
works    1176a 

Rank  and  pay  of  enlisted  man 
at  headquarters,  Corps  of 
Cadets 1176b 

Subscriptions  for  newspapers 
and  periodicals  for 1178a 

Wharfage  dues  to  be  charged 1178b 

Settlement  of  accounts  between 
other  bureaus  of  War  Depart- 
ment, etc.,  and  Military  Acad- 
emy     1179a 

Translator  for  the  Army  serv- 
ice  schools 1183a 

Assignment  of  second  lieuten- 
ants in  Field  Artillery  to  bat- 
teries at  School  of  Fire  for 
Field   Artillery   for   practical 

instruction 1183b 

243 


244 

THE    MILITARY   ACADE]MY. 

1106a.  Existing  laws  relating  to  the  Military  Academy^  officers' and 
enlisted  men  on  retired  list^  detached  and  additional  officers^  etc. — All 
existing  laws  pertaining  to  or  affecting  the  United  State3  Military 
Academy  and  civilian  or  military  personnel  on  duty  thereat  in  any 
capacity  whatever,  the  officers  and  enlisted  men  on  the  retired  list, 
the  detached  and  additional  officers  under  the  Act  of  Congress  ap- 
])roved  March  third,  nineteen  hundred  and  eleven,  recruiting  parties, 
recruit  depots  and  unassigned  recruits,  service  school  detachments, 
United  States  disciplinary  barrack^  guards,  disciplinary  organiza- 
tions, the  Philippine  Scouts,  and  Indian  scouts  shall  continue  and 
remain  in  force  except  as  herein  specifically  provided  otherwise. 
Sec.  22,  Act  of  June  3, 1916  (39  Stat.  181), 

1108a.  Vacancies,  how  filled. — ^The  President  of  the  United  States 
b^  authorized  to  fill  any  vacancies  occurring  at  said  academy  by 
reason  of  death,  or  other  cause,  of  any  person  appointed  by  him. 
'ActofMafr.  3, 1875  (18  Stat.  467). 

1108b.  Officer  of  Army  holding  position  of  professor,  with  certam 
laervice,  to  have  rank,  pay,  etc.,  of  colonel. — ^Any  officer  of  the  United 
States  Army  now  holding  the  position  of  permanent  profesgor  at  the 
United  States  Military  Academy  who  on  July  first,  nineteen  hundred 
and  fourteen,  should  have  served  not  less  than  thirty-three  years  in 
the  Army,  one-third  of  which  service  shall  have  been  as  professor 
and  instructor  at  the  Military  Academy,  shall  on  that  date  have  the 
rank,  pay,  and  allowances  of  a  colonel  in  the  Army.  Act  of  Aug.  9, 
1912  (37  Stat.  264). 

1116a.  Assignment  of  assistant  professor  to  department  of  law. — 
Hereafter  there  may  be  assigned  to  the  department  of  law  one  assist- 
ant professor.    Act  of  Jan.  16, 1895  (28  Stat.  630). 

1117a.  Pay  and  allowances  of  associate  professor  of  mathematics; 
detail  of  from  officers  of  Army. — Hereafter  the  associate  professor 
of  mathematics  shall  have  pay  and  allowances  of  a  major,  and  the 
position  shall  be  filled  by  the  detail  of  -an  officer  from  the  Army  at 
large.    Act  of  Mar.  3, 1905  (33  Stat.  850). 

1125a.  Ranh,  pay,  and  allowances  of  professor  loho  has  served  not 
less  thaii  thirty-three  years  in  the  Army,  one-third  of  which  has  been 
at  the  Military  Academy. — Any  officer  of  the  United  States  Army 
now  holding  the  position  of  permanent  professor  at  the  United  States 
Military  Academy  who  on  July  first,  nineteen  hundred  and  sixteen, 
should  have  served  not  less  than  thirty-three  years  in  the  Army,  one- 
third  of  which  service  shall  have  been  as  professor  and  instructor 
at  the  Military  Academy,  shall  on  that  date  have  the  rank,  pay,  and 
allowances  of  a  colonel  in  the  Army.  Act  of  Aug,  11^  1916  (39  Stat. 
493). 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  245 

1131a.  Custodian  of  gymnasium  to  act  as  trainer  of  athletic 
teams. — For  pay  of  one  custodian  of  gymnasium,  who  shall  hereafter 
be  selected  and  appointed  by  the  Superintendent  of  the  Military 
Academ}^  under  Schedule  A,  classified  positions  excepted  from  exami- 
nation under  rule  two,  clause  three,  civil-service  rules,  who  shall  be 
qualified  to  act  as  trainer  for  the  various  cadet  athletic  teams,  one 
thousand  two  hundred  dollars.    Act  of  Mar.  S,  1911  {36  Stat.,  1019). 

1132a.  blaster  of  the  sword,  relative  rank,  pay,  and  allovmnces. — 
The  master  of  the  sword  shall  have  the  relative  rank  and  shall  be 
entitled  to  the  pay,  allowances,  and  emoluments  of  a  major  during 
the  active  service  of  the  present  incumbent  of  that  office.  Act  of 
May  29,  1917  {iO  Stat.  90), 

1136a.  Detail  of  commissary  sergeant. — The  Secretary  of  War  is 
hereby  authorized  to  detail  a  commissary-sergeant  to  act  as  assistant 
to  the  commissary  of  cadets.    Act  of  June  30, 1882  (22  Stat.  123). 

1136b.  Retirement  of  present  manager  of  cadet  store,  pay  of. — 
The  present  manager  of  the  cadet  store  shall,  on  his  own  application, 
after  forty  years'  service  as  clerk,  superintendent,  and  manager  of 
said  store,  be  entitled  to  be  placed  on  the  retired  list  of  the  Army 
with  the  pay  of  a  retired  pay  clerk,  Quartermaster  Corps,  of  the  same 
period  of  service.    Act  of  Aug.  11,  1916  {39  Stat.  ^93). 

CORPS   OF   CADETS. 

1139a.  Number  and  appointment,  including  appointments  froTYi 
honor  graduates  of  colleges. — The  Corps  of  Cadets  at  the  United 
States  Military  Academy  shall  hereafter  consist  of  two  for  each 
congressional  district,  two  from  each  Territory,  four  from  the  Dis- 
trict of  Columbia,  two  from  natives  of  Porto  Rico,  four  from  each 
State  at  large,  and  eighty  from  the  United  States  at  large,  twenty 
of  whom  shall  be  selected  from  among  the  honor  graduates  of  educa- 
tional institutions  having  officers  of  the  Regular  Army  detailed  as 
professors  of  military  science  and  tactics  under  existing  law  or  any 
law  hereafter  enacted  for  the  detail  of  officers  of  the  Regular  Army  to 
such  institutions,  and  which  institutions  are  designated  as  "  honor 
schools  "  upon  the  determination  of  their  relative  standing  at  the  last 
preceding  annual  inspection  regularly  made  by  the  War  Department. 
They  shall  be  appointed  by  the  President  and  shall,  with  the  excep- 
tion of  the  eighty  appointed  from  the  United  States  at  large,  be 
actual  residents  of  the  congressional  or  Territorial  district,  or  of  the 
District  of  Columbia,  or  of  the  island  of  Porto  Rico,  or  of  the  States, 
respectively,  from  which  they  purport  to  be  appointed.  Sec.  i,  Act 
of  May  i,  1916  {39  Stat.  62). 

(For  tlie  ensuing  provision  of  tliis  section  see  paragraph  1141b.) 


246  MILITARY   LAWS   OF    THE   UNITED   STATES,  1&15. 

1139b.  Bame — Ajyp ointment  of  one  hundred  and  eighty  from  en- 
listed of  Regular  Army  and  the  National  Guard. — The  President 
is  hereby  authorized  to  appoint  cadets  to  the  United  States  Military 
Academy  from  among  enlisted  men  in  number  as  nearly  equal  as 
practicable  of  the  Regular  Army  and  the  National  Guard  between 
the  ages  of  nineteen  and  twenty-two  years  who  have  served  as  en- 
listed men  not  less  than  one  year,  to  be  selected  under  such  regulations 
as  the  President  may  prescribe :  Provided,  That  the  total  number  so 
selected  shall  not  exceed  one  hundred  and  eighty  at  any  one  time.* 
See.  2,  id. 

1139c.  Same — Appointments  authorized  to  he  divided  into  four 
annual  increments. — Under  such  regulations  as  the  President  shall 
prescribe,  the  increase  in  the  number  of  cadets  provided  for  by  this 
Act  shall  be  divided  into  four  annual  increments,  which  shall  be  as 
nearly  equal  as  practicable  and  be  equitably  distributed  among  the 
sources  from  which  appointments  are  authorized.    Sec.  3,  id. 

1139d.  Appointment  of  hoard  of  officers  to  report  upon  needs  as  to 
huUdings,  to  accommodate  increased  Corps  of  Cadets. — ^The  Secre- 
tary of  War  is  authorized  and  directed  to  appoint  three  officers  of 
the  Army,  whose  duty  it  shall  be  to  investigate  and  to  make  report 
to  Congress  on  the  first  Monday  in  December,  nineteen  hundred  and 
sixteen,  what  is  necessar}^  to  be  done  in  the  way  of  buildings  and 
other  improvements  to  accommodate  and  care  for  the  increased  Corps 
of  Cadets,  as  provided  by  the  Act  of  May  fourth,  nineteen  hundred 
and  sixteen,  together  with  the  probable  cost  thereof.  Act  of  Aug.  11, 
1916  {39  Stat.  503). 

1141a.  Admission  of  successor  after  three  years*  course. — ^Until  the 
apportionment  under  the  Fourteenth  Census  of  the  United  States 
becomes  effective,  whenever  any  cadet  shall  have  finished  three  years 
of  his  course  at  the  academy  his  successor  may  be  admitted.  Act  of 
Mar.  i,  1915  {38  Stat.  1128). 

1141b.  Sa^ne — Repealed,  hut  appointment  of  each  rriemher  of  pres- 
ent corps  validated. — So  much  of  the  Act  of  Congress  approved 
March  fourth,  nineteen  hundred  and  fifteen  (Thirty-eighth  Statutes 
at  Large,  page  eleven  hundred  and  twenty-eight) ,  as  provides  for  the 
admission  of  a  successor  to  any  cadet  who  shall  have  finished  three 
years  of  his  course  at  the  academy  be,  and  the  same  is  hereby,  re- 
pealed ;  Provided  further,  That  the  appointment  of  each  member  of 
the  present  Corps  of  Cadets  is  validated  and  confirmed.  Sec.  1,  Act 
of  May  4, 1916  {39  Stat.  62). 

(For  the  preceding  provision  of  this  section  see  par.  1139a.) 

^Held,  that  the  statute  contemplates  a  year's  service  in  one  or  the  other  of 
the  forces  named,  and  that  service  as  an  enlisted  man  in  the  Navy  could  not  be 
counted  for  the  purposes  of  the  act. 

Held,  that  to  satisfy  the  requirements  of  the  statute  the  prior  service  must 
have  been  rendered  in  that  brancli  from  which  the  application  is  made.  (War 
Dent.  Bull.  9,  Feb.  2,  1917.) 


2i7 

114Sa.  AppoirUment  from  tlie  PhUippm-es. — The  four  Filipino 
cadets  autkorized  by  the  Act  of  May  twenty-eighth,  nineteen  hundred 
and  eight,^  to  be  designated  by  the  Philippine  Commission  to  receive 
instructions  at  the  United  States  Military  Academy,  shall  hereafter 
be  designated  by  the  Governor  General  of  the  Philippine  Islands. 
Act  of  Aug.  11, 1916  (S9  Stat.  Jf93) . 

1158a.  Supplies,  technical  and  scientific,  for  departments  of  in- 
Bt^mction,  purchase  of,  hy  eontract  or  otherwi&e,  in  discretion  of  Sec- 
retary of  War. — All  technical  and  scientific  supplies  for  the  depart- 
ments of  instruction  of  the  Military  Academy  shall  be  purchased  by 
contract  or  otherwise,  as  the  Secretary  of  War  may  deem  best.  Act 
of  Mar.  i,  1916  {38  Stat.  1136), 

DEFICIENT  CADETS. 

1162a.  Second  examination  where  deficient  in  one  subject. — When- 
ever a  cadet  shall  fail  to  pass  any  required  examination  because; 
deficient  in  any  one  subject  of  instruction  he  shall  have  the  right  to 
apply  for  a  second  examination  regarding  such  subject  by  making 
written  application  therefor  to  the  Academic  Board  within  ten  days 
after  being  officially  notified  of  such  failure.  The  examination  de- 
manded shall  be  held  within  sixty  days  from  the  date  of  such  appli- 
cation, and  if  the  cadet  being  otherwise  qualified  shall  pass  the  same 
by  compliance  with  the  requirements  existing  at  the  time  of  the  first 
examination,  he  shall  be  readmitted  to  the  academy.  Act  of  Aug.  11^ 
1916  {33  Stat.  493). 

1162b.  Same — AppUcahle  to  former  cadets  who  failed  in  not  m^ore 
than  two  subjects  during  current  year. — This  proviso  shall  apply  to 
those  former  cadets  who  failed  in  not  more  than  two  subjects  during 
the  current  year,  who  shall  make  application  for  such  examination 
within  twenty  days  after  tlie  approval  of  this  Act. — Id. 

1162c.  Same — Not  to  he  given  Tryore  than  one  reexamination. — Any 
cadet  who  fails  to  pass  any  required  examination  shall  have  no  more 
than  one  reexamination.     Id. 

1162d,  Honorably  discharged  eligihle  for  appointment  us  second 
lieutenants  under  natixmod-defense  Act. — Nothing  contained  in 
section  thirteen  hundred  and  twenty- five  of  the  Revised  Statutes 
shall  render  ineligible  any  former  cadet  honorably  discharged  from 
the  Military  Academy  for  deficiency  in  studies,  if  otherwise  quali- 
fied, as  a  civilian  candidate  for  appointment  to  any  vacancy  in  the 
grade  of  second  lieutenant  under  class  six^  of  the  national -defense 
Act  approved  June  third,  nineteen  hundred  and  sixteen. — Act  of 
Aug.  11, 1916  {S9  Stat.  493),  amending  sec.  13^5,  R.  S. 

^  See  paragraph  1143,  ante,  or  35  Stat.  441. 
*  See  paragraph  331d,  ante,  or  39  Stat.  182. 


248  MILITARY   LAWS   OF   THE   UNITED   STATES,   1015 


1162e.  Not  eligible  for  appointment  in  Marine  Corps  until  after 
graduation  of  his  class. — No  midshipman  at  the  United  States  Naval 
Academy  or  cadet  at  the  United  States  Military  Academy  who  fails 
to  graduate  therefrom  shall  be  eligible  for  appointment  as  a  com- 
liiissioned  officer  in  the  Marine  Corps  until  after  the  graduation  of 
the  class  of  which  he  was  a  member.  Act  of  Aug.  29, 1916  {39  Stat, 
611). 

1162f.  Appoint  as  second  lieutenant  and  retire  William  E.  Kehoe^ 
late  cadet. — The  President  of  the  United  States  be,  and  he  is  hereby, 
authorized,  by  and  with  the  advice  and  consent  of  the  Senate,  to 
appoint  William  Harold  Kehoe,  late  a  cadet  at  the  Military  Acad- 
emy at  West  Point,  to  the  position  of  second  lieutenant  of  Infantry 
of  the  Army,  and  to  place  him  upon  the  retired  list  wdth  the  pay  of 
a  retired  second  lieutenant  of  Infantry.  Act  of  May  29,  1917  {40 
Stat.  100). 

1162g.  Same— Clyde  R.  Altman.— The  President  of  the  United 
States  be,  and  he  is  hereby,  authorized,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  appoint  Clyde  R.  Altman,  late  a  cadet  at 
the  Military  Academy  at  West  Point,  to  the  position  of  second 
lieutenant  of  Infantry  of  the  Army,  and  to  place  him  upon  the 
retired  list  with  the  pay  of  a  retired  second  lieutenant  of  Infantry. 
Id.,  101. 

1174a.  Board  of  visitors. — There  shall  be  appointed  every  year,  in 
the  following  manner,  a  board  of  visitors,  to  attend  the  annual 
examination  of  the  academy:  Seven  persons  shall  be  appointed  by 
the  President,  and  two  Senators  and  three  Members  of  the  House  of 
Representatives  shall  be  designated  as  visitors  by  the  Vice  President 
or  President  pro  tempore  of  the  Senate  and  the  Speaker  of  the 
House  of  Representatives,  respectively,  at  the  session  of  Congress 
next  preceding  such  examination.^    Sec.  1327,  R.  S. 

1174b.  Compensation  of  visitors. — No  compensation  shall  be  made 
to  the  members  of  said  board  beyond  the  payment  of  their  expenses 
for  board  and  lodging  w^hile  at  the  academy  and  an  allowance  not 
exceeding  eight  cents  a  mile  for  traveling  by  the  shortest  mail  route 
from  their  respective  homes  to  the  academy  and  thence  to  their 
homes.^^    Sec.  1329,  R.  S. 

'The  act  of  August  9,  1912  (37  Stat.  257),  paragraph  1174,  ante,  appears  to 
supersede  all  of  this  section  except  the  requirement  that  "  there  shall  be  ap- 
pointed every  year     ♦     *     *     a  board  of  visitors." 

^The  act  of  August  9,  1912  (37  Stat.  257),  paragraph  1174,  ante,  appears  to 
superseile  all  of  this  section  except  the  requirement  that  "  no  compensation 
shall  be  made  to  the  members  of  said  board  beyond  the  payment  of  their  ex- 
penses *  *  *  and  an  allowance,  ♦  *  *  for  traveling  by  the  shortest 
mail  route." 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  249 

1176a.  Extra  fay  for  overseer  of  waterworhs. — From  the  foregoing 
appropriations  for  waterworks,  or  from  any  appropriation  that  may 
hereafter  be  made  for  waterworks,  a  sum  not  to  exceed  seventy-five 
cents  per  day  may  be  paid  as  extra-duty  pay  to  the  overseer,  when 
such  overseer  is  a  soldier  detailed  for  that  duty.  Act  of  Mar.  ^,  1001 
(SI  Stat.  920), 

1176b.  Rank  and  fay  of  enlisted  man  at  headquarters^  Covfs  of 
Cadets. — The  enlisted  man  in  the  headquarters,  United  States  Corps 
of  Cadets,  performing  that  duty  has  the  rank,  pay,  and  allowance 
of  that  grade  (battalion  sergeant  major.  Infantry).  Act  of  Aug.  11^ 
1016  {39  Stat.  496), 

(Similar  provision  in  act  of  May  29,  1917,  40  Stat.  93.) 

1178a.  Suhscriftions  for  neivsfafers  and  feriodicals  for. — Section 
thirty-six  hundred  and  forty-eight.  Revised  Statutes,  shall  not  apply 
to  subscriptions  for  foreign,  professional,  and  other  newspapers  and 
periodicals,  to  be  paid  for  from  any  of  the  foregoing  appropriations. 
Act  of  Mar.  4, 1915  {38  Stat.  1136) ,  ' 

1178b.  Wharfage  dues  to  he  charged. — The  Secretary  of  War  is 
authorized  to  have  collected  from  vessels  using  the  wharf  and  ferry 
slip  at  West  Point,  New  York,  such  wharfage  dues  as  he  may  deem 
just,  reasonable,  and  necessary,  the  same  to  be  paid  at  the  time  of 
landing  to  the  post  quartermaster  or  his  authorized  agent.  Act  of 
Mar.  ^,  1915  {38  Stat.  1137), 

1179a.  Settlement  of  accounts  hetween  other  hureaus  of  War  De- 
'partment^  etc.^  and  the  Military  Academy. — Hereafter  in  settling 
transactions  between  appropriations  for  the  support  of  the  United 
States  Military  Academy  and  other  bureaus  of  the  War  Department, 
or  between  the  United  States  Military  Academy  and  any  other  ex- 
ecutive department  X)f  the  Government,  payment  therefor  shall  be 
made  by  the  disbursing  officer  of  the  United  States  Military  Acad- 
emy or  of  the  office,  bureau,  or  department  concerned.  Act  of  Aug, 
1U1016  {39  Stat.  50^). 

1183a.  Translator  for  the  Army  service  schools. — Not  exceeding 

$100  per  month  may  be  used  for  the  payment  of  one  translator,  to  be 

appointed  by  the  commandant  of  the  Army  service  schools,^  with 

the  approval  of  the  Secretary  of  War.      Act  of  Aug.  29,  1916  {39 

Stat.  620), 

(The  act  of  May  12,  1917  (40  Stat.  41),  contains  a  provision  identical  with 
above.) 

^  The  provisions  relative  to  the  United  States  service  schools,  which  pre- 
cede the  authorization  for  a  translator  at  the  Army  service  schools,  are  the 
same  as  those  contained  in  paragraph  1183,  ante. 


250  MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 

1183b.  Assig7iment  of  second  lieutenaiits  in  Field  Artillery  to  hat- 
teries  at  School  of  Fire  for  Field  Artillery  for  practical  instruc- 
tions. — Officers  in  the  grade  of  second  lieutenant  in  the  Field  Artil- 
lery may  be  assigned,  for  the  period  of  one  year,  to  batteries  sta- 
tioned at  the  School  of  Fire  for  Field  Artillery  at  Fort  Sill,  Okla- 
homa, for  the  purpose  of  pursuing  courses  of  practical  instruction  in 
field  artillery.-    Id.  621, 

<The  act  of  May  12,  1917  <40  Stat  41),  contains  a  pi'o vision  identical  with 
above.) 


CHAPTER   XXIX. 


CONTRACTS  AND  PURCHASES. 


Par. 

Piircbase  of  ordnance  and  ord- 
nance stores  in  excess  of  ap- 
propriations and  obligations 
authorized  by  law,  limitation 
on 1190a 

Purchase  of  supplies  and  procure- 
ment of  services  outside  Dis- 
trict of  Columbia  in  open  mar- 
ket, limitation  on 1196a 

Selection  of  types  and  purchase 
of  motor  ambulances  without 
advertising 1198a 

Contracts  entered  Into  by  Quar- 
termaster Corps,  certain  to  be 
reduced  to  writing,  etc 1211a 

Contracts  entered  into  by  Signal 
Corps,  certain  to  be  reduced 
to  writing,  etc_ 1211b 


Par. 

Contracts  entered  into  by  Medi- 
cal Department,  certain  to  be 

reduced  to  writing,  etc 1211c 

Contracts,  extension  of  time  for 

filing  in  Returns  Office 1211d 

Eight-hour   law— Suspension   of 

in  time  of  national  emergency-  1223a 
Same — Rate  of  pay  for  overtime-  1223b 
American   manufacture,   prefer- 
ence to  be  given  to  in  purchase 
of  material  for  Ordnance  De- 
partment   1234a 

Contracts  for  printing 1236a 

Same 1236b 

Contracts  for  publication  of  Of- 
ficial Postal  Guide 1236c 

Accused  persons  may  testify 1253a 


1190a.  Purchase  of  ordnance  and  ordnance  stores  in  excess  of  ap- 
'propriations  and  ohligations  authorized  hy  law^  limitation  on. — The 
Secretary  of  War  is  authorized,  during  the  present  emergency  and  in 
addition  to  the  appropriations  and  obligations  specifically \uthorized 
by  law,  to  incur  obligations  for  ordnance  and  ordnance  supplies  and 
materials :  Provided^  That  the  aggregate  amount  of  such  obligations 
outstanding  at  any  one  time  shall  not  exceed  the  sum  of  $100,000,000. 
Act  of  Oct.  6, 1917  {^0  Stat.  366\. 

1196a.  Purchase  of  suf plies  and  procurement  of  services  outside 
District  of  Columbia  in  open  market^  limitation. — Hereafter  the  pur- 
chase of  supplies  or  the  procurement  of  services  outside  the  District 
of  Columbia  may  be  made  in  open  market  in  the  manner  common 
among  business  men  when  the  aggregate  amount  of  the  purchase  does 
not  exceed  $50.^    Act  of  June  12,  1917  {JfO  Stat.  lU)- 

1198a.  Selection  of  types  and  purchase  of  motor  ambulnnces  with- 
out advertising. — The  Secretary  of  War  may  in  his  discretion  select 
t^'^pes  and  makes  of  motor  ambulances  for  the  Army  and  authorize 
their  purchase  without  regard  to  the  laws  prescribing  advertise- 
ment for  proposals  for  supplies  and  material  for  the  Army.  Act 
of  Aug.  29, 1916  (39  Stat.  639). 

(The  Army  appropriation  act  of  May  12,  1917»  and  the  urgent  deficiencies  act 
of  October  6,  1917  (40  Stat.  6#,  364),  contain  similar  provisions.) 

^This  provision  is  in  connection  with  appropriation  for  the  United  States 
Geological  Survey  and  probably  only  applies  to  that  service. 

251 


252       *  MILITARY   LAWS   OF    THE   UNITED   STATES^   1915. 

1211a.  Contracts  entered  into  hy  Quartermaster  Corps^  certain  to 
he  reduced  to  writing^  etc. — Hereafter  whenever  contracts  which 
are  not  to  be  performed  within  sixty  days  are  made  on  behalf  of  the 
Government  by  the  Quartermaster  Greneral,  or  by  officers  of  the  Quar- 
termaster Corps  authorized  to  make* them,  and  are  in  excess  of  $500 
in  amount,  such  contracts  shall  be  reduced  to  writing  and  signed  by 
the  contracting  parties.  In  all  other  cases  contracts  shall  be  entered 
into  under  such  regulations  as  may  be  prescribed  by  the  Quarter- 
master General.    Act  of  Mar.  ^,  1915  {38  Stat,  1078). 

1211b.  Contracts  entered  into  hy  Signal  Corps^  certain  to  he  re- 
duced  to  writing^  etc. — Hereafter  whenever  contracts  which  are  not 
to  be  performed  within  sixty  days  are  made  on  behalf  of  the  Gov- 
ernment by  the  Chief  Signal  Officer,  or  by  officers  of  the  Signal  Corps 
authorized  to  make  them,  and  are  in  excess  of  $500  in  amount,  such 
contracts  shall  be  reduced  to  writing  and  signed  by  the  contracting 
parties.  In  all  other  cases  contracts  shall  be  entered  into  under  such 
regulations  as  may  be  prescribed  by  the  Chief  Signal  Officer.  Act  of 
Aug.  29, 1916  {39  Stat.  622). 

1211c.  Contracts  entered  into  hy  Medical  Department,  certain  to  he 
r^educed  to  writing,  etc. — Hereafter,  whenever  contracts  which  are 
,'Bq1|  to  be  performed  within  sixty  days  are  made  on  behalf  of  the 
Government  by  the  Surgeon  General  or  by  officers  of  the  Medical 
Departmei>t  authorized  to  make  them,  and  are  in  excess  of  $500  in 
amount,  such  contracts  shall  be  reduced  to  writing  and  signed  by  the 
contracting  parties,  but  in  all  other  cases  contracts  shall  be  prepared 
under  such  regulations  as  may  be  prescribed  by  the  Surgeon  General. 
Id.  639. 

121  Id.  Contracts,  extension  of  -time  fo'V  fling  in  the  returns 
office. — Section  thirty-seven  hundred  and  forty-four.  Revised  Stat- 
utes, is  hereby  amended  by  adding  the  following  at  the  end  of  the 
last  sentence : "  Provided,  That  the  Secretary  of  War  or  the  Secretary 
of  the  Navy  may  extend  the  time  for  filing  such  contracts  in  the 
returns  office  of  the  Department  of  the  Interior  to  ninety  days  when- 
ever in  their  opinion  it  would  be  to  the  interest  of  the  United  States 
to  follow  such  a  course."  Act  of  June  15,  1917  {40  Stat.  198), 
amending  Section  37 H,  R.  S. 

1223a.  Eight-hour  law — Suspension  of  in  time  of  national  emer- 
genry.— In  case  of  national  emergency  the  President  is  authorized  to 
suspend  provisions  of  law  prohibiting  more  than  eight  hours  labor 
in  any  one  day  of  persons  engaged  upon  work  covered  by  contracts 
with  the  United  States.    Act  of  Mar.  4,  1917  {39  Stat.  1192). 

1223b.  Same — Rate  of  pay  for  overtime. — The  wages  of  persons 
employed  upon  such  contracts  shall  be  computed  on  a  basic  day 
rate  of  eight  hours'  work,  with  overtime  rates  to  be  paid  for  at  not 


MILITARY  LAWS   OF   THE  UNITED  STATES,  1915,  253 

less  than  time  and  one-half  for  all  hours  work  in  excess  of  eight 
hours.^     Id. 

1234a.  American  manufacture,  ^preference  to  he  given  to  in  pur- 
chase  of  material  for  Ordnance  Department. — All  material  pur- 
chased under  the  appropriations  in  this  act  for  the  Ordnance  De- 
partment of  the  United  States  Army  sh-.ill  be  of  American  manufac- 
ture, except  in  cases  when,  in  the  judgment  of  the  Secretary  of  War, 
it  is  to  the  manifest  interest  of  the  United  States  to  make  purchases 
abroad,  which  material  shall  be  admitted  free  of  duty.  Act  of  Oct, 
6,1917  {JtOStat.S67). 

1236a.  Contracts  for  printing. — Xo  part  of  the  appropriations  for 
the  Quartermaster  Corps  shall  be  expended  on  printing  unless  the 
same  shall  be  done  at  the  Government  Printing  Office,  or  by  contract 
after  due  notice  and  competition,  except  in  such  cases  as  the  emer- 
gency will  not  admit  of  the  giving  notice  of  competition,  and  in 
cases  where  it  is  impracticable  to  have  +he  necessary  printing  done 
by  contract  the  same  may  be  done,  with  the  approval  of  the  Secre- 
tary of  War,  by  the  purchase  of  material  and  hire  of  the  necessary 
labor  for  the  purpose.^    Act  of  Mar  ^,  1915  (38  Stat.  1073). 

1236b.  Same. — No  part  of  the  appropriations  for  the  Quarter- 
master Corps  shall  be  expended  on  printing  unless  the  same  shall 
be  done  at  the  Government  Printing  Office,  or  by  contract  after  due 
notice  and  competition,  except  in  such  cases  as  the  emergency  will 
not  admit  of  the  giving  notice  of  competition,  and  in  cases  where  it 
is  impracticable  to  have  the  necessary  printing  done  by  contract  the 
same  may  be  done  with  the  approval  of  the  Secretary  of  War,  by 
the  purchase  of  material  and  hire  of  the  necessary  labor  for  the 
purpose.    Act.  of  Aug.  29, 1916  {39  Stat.  631), 

(The  acts  of  May  12  and  Oct.  6,  1917  (40  Stat.  51,  359),  contain  provisions 
identical  witli  above.) 

^  Tlie  question  was  presented  wliether  tlie  Government  was  autiiorized  to  pay- 
mechanics  employed  under  lump-sum  appropriations  extra  compensation  for 
overtime  -worli  in  excess  of  eight  hours  a  day,  such  overtime  work  being  au- 
thorized in  emergencies. 

Held,  that  as  there  is  no  law  governing  the  rates  of  pay  of  mechanics  em- 
ployed directly  by  the  Government  who  are  paid  lump-sum  appropriations,  but 
the  terms  of  their  employment  are  fixed  by  agreement  between  the  parties,  it 
is  discretionary  with  the  department  to  allow,  by  agreement  with  such  em- 
ployees, extra  pay  for  overtime  work  in  excess  of  eight  hours;  and  recom- 
tneiided,  in  view  of  the  prevailing  practice  in  the  commercial  and  industrial 
world  of  allowing  mechanics  and  laborers  extra  pay  for  overtime  in  excess  of 
a  basic  eight-hour  day,  and  of  the  action  of  Congress  in  requiring  adherejice 
to  this  practice  as  to  persons  employed  on  contracts  with  the  United  States 
(act  of  Mar.  4,  1917,  39  Stat.,  1192),  that  mechanics  and  laborers  employed 
directly  by  the  Government  be  placed  upon  equal  terms  of  employment  in  this 
respect.     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

Contracts  for  clothing  may  not  contain  a  provision  permitting  more  than 
eight  hours'  work  per  day  for  eight  hours'  pay,  even  though  the  week's  work 
be  limited  to  48  hours.  Under  the  Executive  order  of  March  24,  1917,  more 
than  eight  hours'  work  per  day  is  permitted,  provided  that  full  pay  be  given 
for  eight  hours,  and  pay  at  the  rate  of  time  and  one-half  for  overtime.     (Id.) 

'For  similar  provision  see  act  of  April  27,  1914  (38  Stat.  362). 


254  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

1236c.  Contracts  for  publication  of  Official  Postal  Guide. — Here- 
after contracts  let  for  the  publication  of  the  Official  Postal  Guide 
shall  provide  for  the  supply  of  such  copies  as  may  be  required  for 
public  use  by  the  several  executive  departments  and  other  Govern- 
ment establishments  at  a  price  not  exceeding  the  cost  of  such  guides 
to  the  Post  Office  Department    Act  of  May  10, 1916  (39  StaClOS). 

1253a.  Accused  persons  may  testify. — In  the  trial  of  all  indict- 
ments, informations,  complaints,  and  other  proceedings  against  per- 
sons charged  with  the  commission  of  crimes,  offenses,  and  misde- 
meanors, in  the  United  States  courts,.  Territorial  courts,  and  courts- 
martial,  and  courts  of  inquiry,  in  any  State  or  Territory,  including 
the  District  of  Columbia,  the  person  so  charged  shall,  at  his  own 
request  but  not  otherwise,  be  a  competent  witness.  And  his  failure 
to  make  such  request  shall  not  create  any  presumption  against  iiim. 
Act  of  Mar,  16, 1878  {20  Stat.  30). 


CHAPTER   XXX. 


PUBLIC  PROPERTY. 


Par. 

Sale  of  airplane  war  material  to 
foreign  Governments,  etc.,  en- 
gaged with  United  States  in 
prosecution  of  war 1255a 

Same — Proceeds  to  be  credited 
to  appropriations  for 1255b 

Secretary  of  War  to  prescribe 
regulations  for  accounting  for 
Array  supplies  or  property 1259a 

Loan  of  tents,  restrictions  on 1259b 

Exchange  of  sewing  machines, 
etc.,  motor  trucks,  passenger- 
carrying  vehicles,  and  band 
instruments  on  purchase  of 
new 1261a 

Exchange  of  motor-propelled  ve- 
hicles, aeroplanes,  engines, 
etc.,  on  purchase  of  new 1261b 

Exchange  of  motor-propelled  ve- 
hicles, airplanes,  and  other 
equipment 1261c 

Soldiers'  homestead,  military 
service  on  Mexican  border, 
etc.,  equivalent  to  residence, _  1272a 

Soldiers'  homestead,  military  or 
naval  service  equivalent  to 
residence,  etc. ;  contests  on 
ground  of  abandonment  pro- 
hibited    1272b 

Same — One  year's  residence, 
etc.,  required  as  condition 
precedent  to  patent 1272c 

Same — Widows  and  minor  chil- 
dren of  applicants,  etc.,  for 
homesteads  dying  in  military 
service,  etc.,  right  to  home- 
steads   1272d 

Desert  lands 1272e-1272h 

Requirements  as  to  expenditures 
on  and  cultivation  of  land  sus- 
pended as  to  persons  in  mili- 
tary service,  etc.,  during  war 
with  Germany 1272e 


Par. 

Same — Entry  must  have  been 
made  by  claimant  prior  to  his 
enlistment 1272f 

Same — Notice  of  muster  into 
service  to  be  filed 1272g 

Some — "Enlisted  man"  defined 
for  purposes  of  act 1272h 

Persons  in  armed  forces  of 
United  States,  before  whom 
affidavits  required  by  law  af- 
fecting application,  entries, 
etc.,  may  be  made 12721 

Mining  claims 1272.1-1272n 

Provisions  of  R.  S.  2324,  as  to 
labor  on,  not  applicable  to 
persons  in  military  service, 
etc.,  during  war  with  Ger- 
many     1272J 

Same — Notice  of  muster  into 
service  to  be  filed 127^1 

Labor  on  mining  claims,  sus- 
pension of,  during  years  1917 
and    1918 1272m 

Same — Claimant  to  file  notice  of 
desire  to  hold  such  mining 
claim  1272a 

Provisions  relative  to  labor  on 
mining  claims  of  persons  in 
military  service,  etc.,  not  af- 
fected by ^ 12720 

Lands  for  military  purposes 1274a- 

1274p 

Donation  of  lands  for  aviation 
field  and  remount  station,  ac-  • 
ceptance  of 1274a 

Purchase  of  lands  for  aviation 
purposes,  provided  military 
reservations  are  not  available-  1274b 

Donation  of  lands  for  mobiliza- 
tion, training,  and  supply  sta- 
tions, acceptance  of;  also  re- 
port as  to  additional  needs  for 
National  Guard  and  Regular 

Army 1274c 

255 


256 


MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 


Par. 

Report  as  to  land  and  buildings  • 
required  for  airships,  etc.,  for 
seacoast  defenses 1274d 

Acquisition  of  sites  for  aviation 
schools,  posts,  and  stations 1274e 

Land-site  funds  available  for 
other  purposes;  leasing  of 
aviation  fields 1274f 

Site  for  aviation  station  at 
North  Island,  San  Diego,  Cal., 
taking  possession  of 1274g 

Same — Procedure  for  determi- 
nation of  rights  of  private 
parties  in 1274h 

Same— Payment  into  court  of 
value   of   such   rights 12741 

Appropriation  for  payment  of 
award  and  distribution  by 
order  of  court 1274J 

Proving  ground  for  testing  ord- 
nance material 1274k 

President  authorized  to  take 
over  necessary  land,  etc.,  on 
failure  to  purchase 12741 

Same — Just  compensation  for 
land,  etc.,  taken,  method  to 
determine   1274m 

Same — Title  to  Immediately 
vest  in  United  States 1274a 

Examination  of  title  by  Attor- 
ney General  not  required 1274o 

Purchase  of  land,  etc.,  for  Ord- 
nance Department  exempt 
from  provision  of  Revised 
Statute  as  to  examination  of 
title 1274p 

Erection  of  Young  Men's  Chris- 
tian Association  buildings  on 
military  reservations 1279a 

Revocable  license  to  American 
National  Red  Cross  to  erect 
buildings  on  military  reserva- 
tions for  storage  of  supplies 1279b 

Express  authority  for  buildings, 

etc.,  in  parks,  etc 1279bi 

Temporary  buildings  for  Ameri- 
can Red  Cross  in  District  of 
Columbia 1279c 

Same — Removal  within,  three 
years  1279d 


Par. 

Temporary  buildings  may  be 
erected  by  Secretary  of  War 
in  Smithsonian  Grounds,  Dis- 
trict of  Columbia 1279e 

Sale  of  land  purchased  for  tar- 
get ranges  for  National 
Guard   1281a 

Same — Appraisal  and  method 
of  sale 1281b 

Expenses  of  sale  and  disposi- 
tion of  proceeds 1281c 

Right  of  way  for  highways  over 
public  lands 1283a 

Report  as  to  permanent  military 
posts  with  plans  and  estimates 
for  quartering  officers  and  en- 
listed men 1289a 

Vocational  training 1293a-1293l 

Educational  instruction,  voca- 
tional education,  employment 
of  civilian  teachers,  etc.,  for 
enlisted  men 1293a 

Same — Secretary  of  War  to  pre- 
scribe necessary  rules  and 
regulations,  and  suspend,  in- 
crease, or  decrease  amount  of 
instruction 1293b 

Vocational  training,  instruction 
additional  to  military  train- 
ing      1293c 

Same — Transfer  of  enlisted  men 
to  organizations  at  regimental 
posts  for  such  instructions 1293d 

Same — Hours  of  educational 
and  vocational  training 1293e 

Same — Civilian  instructors 1293f 

Same — Instructors  and  disci- 
pline under  jurisdiction  of 
military    authorities 1293g 

Vocational  training  for  enlisted 
men.  Aviation  Section,  Signal 
Corps 1293h 

Persons  injured  required  to  fol- 
low courses  of  reeducation, 
vocational  training,  etc 12931 

Same — Enlistment  in  military 
or  naval  service  of  such  per- 
sons unable  to  follow  gainful 
occupations 1293j 

Same — Pay  during  such  enlist- 
ment    1293k 


MILITARY  LAWS   OF   THE  UNITED  STATES^  1015. 


257 


Par. 

Same — Suspension  of  compensa- 
tion on  failure  to  take  course 
or  enlist 12931 

Post  offices  at  military  posts 1294a 

Alcoholic  liquors 1295a-1295d 

Regulation  of  sale,  etc.,  in  or 
near  military  camps  or  to  of- 
ficers and  enlisted  men 1295a 

Same — Sale  prohibited  at  any 
military  station,  camp,  fort, 
etc.,  except  for  medicinal  pur- 
poses   1295b 

Same — Sale  of  to  officers  or  en- 
listed men  while  in  uniform 1295c 

Same — Punishment 1295d 

Suppression,  etc.,  of  houses  of  ill 
fame,  etc.,  near  military 
camps,  etc 1295e 

Same — Punishment  for  violation 
of  regulations 1295f 

Trespass  upon  or  injury  to 
mines,  torpedoes,  fortifica- 
tions, etc.,  or  violation  of  reg- 
ulations as  to  defensive  sea 
areas 1315a 

Same — Jurisdiction  of  offenses 
committed  within  Canal  Zone 
or  defensive  sea  areas 1315b 

Regulations  for  use  and  naviga- 
tion of  navigable  waters  to 
prevent  injury  from  Coast  Ar- 
tillery fire,  etc 1315c 

Same — Detail  of  vessels  to  en- 
force    1315d 

Offenses  within  admiralty,  mari- 
time, and  territorial  jurisdic- 
tion of  United  States 1316a 

Laws  of  States  adopted  for  pun- 
ishing wrongful  acts 1316b 

Espionage 1317ia-1317il 

National  defense  —  Punishment 
for  unlawfully  obtaining  in- 
formation as  to,  etc 1317-la 


Par. 
Same  —  Punishment    for     com- 
municating such  information, 
etc.,  to  foreign  Governments, 
etc  1317ib 

Same  —  Punishment  for  com- 
municating, collecting,  etc.,  in- 
formation in  time  of  war 1317ic 

Same — Making,  etc.,  false  re- 
ports, etc.,  with  intent  to  in- 
terfere with  operations  of  mil- 
itary forces  while  at  war; 
causing,  etc.,  insubordination, 
disloyalty,  mutiny,  etc. ;  ob- 
structing recruiting  or  enlist- 
ment, punishment-^ 1317id 

Conspiracy  to  violate  two  pre- 
ceding sections,  punishment 1317^6 

Punishment  for  other  conspir- 
acies committed  under  this 
title 1317if 

Harboring  or  concealing  persons 
violating  provisions  of  title, 
punishment ." 1317ig 

Designation  by  proclamation  of 
prohibited  places  under  title.  1317ih 

Jurisdiction  of  general  courts- 
martial,  etc.,  not  limited  by 
title 131711 

Places  subject  to  provisions  of 
title - 1317ij 

Repeal  of  national  defense  se- 
crets act  of  March  3,  1911—  1317ik 

Possession  or  control  of  prop- 
erty or  papers  in  aid  of  for- 
eign Government  designed  or 
intended,  etc.,  for  violating 
penal  statutes,  treaty  rights, 
or  obligations  of  United 
States,  or  rights,  etc.,  under 
law  of  nations,  punishment.  1317^1 


1255a.  Bale  of  airplane  war  mateiials  to  foreign  governments^  etc., 
engaged  with  United  States  in  prosecution  of  war,—T\\Q.  President, 
during  the  present  emergency,  is  authorized,  through  the  head  of  any 
department  of  the  Government,  to  sell  any  war  materials  used  in  the 
construction  of  airplanes  which  may  have  been  or  may  hereafter  be 
acquired  by  the  United  States  for  the  purpose  of  the  Army  or  Navy, 
54208"— 18 17 


258 

or  for  the  prosecution  of  war,  to  any  person,  firm,  or  corporation,  or 
to  any  foreign  state  or  government  engaged  with  the  United  States 
Government  in  the  prosecution  of  war  against  a  common  enemy  or  its 
allies,  in  such  manner  and  upon  such  terms,  at  not  less  than  cost,  as 
he  in  his  discretion  may  deem  best.    Act  of  Oct.  6, 1917  {Jfi  Stat,  356), 

1255b.  /Same — Proceeds  to  he  credited  to  appropriations  for. — Any 
moneys  received  by  the  United  States  hereunder  shall  become  avail- 
able as  part  of  the  appropriation  by  which  said  property  was  pur- 
chased by  the  United  States.    Id. 

1259a.  Secretary  of  War  to  presc7ihe  regidatioTis  for  accounting 
for  Army  supplies  or  property. — Hereafter  the  accounting  for  Army 
supplies  or  property  and  the  fixing  of  responsibility  therefor  shall 
be  according  to  such  regulations  as  may  be  prescribed  by  the  Secre- 
tary of  War.    Act  of  Aug.  29, 1916  {39  Stat.  635). 

1259b.  Loan  of  tents,  restrictimis  on. — Hereafter  no  loan  of  tents 
shall  be  made  except  to  the  Grand  Army  of  the  Republic  and  the 
United  Confederate  Veterans.  Joint  resolution  No.  11,  Mar.  ^,  1913 
{37  Stat.  1025). 

1261a.  Exchange  of  sewing  machiiies,  etc.,  motor  truclcs,  passenger- 
carrying  vehi<iles,  and  band  instruments  on  purchase  of  new. — Here- 
after sewing  machines  and  other  labor-saving  machinery  used  in  the 
manufacture  of  clothing  and  equipage,  motor  trucks  and  passenger- 
carrying  vehicles,  and  band  instruments  may  be  exchanged  in  part 
payment  for  new  machines,  vehicles,  and  instruments  used  for  the 
same  purpose  as  those  proposed  to  be  exchanged.    Act  of  Aug.  29, 

1916  {39  Stat.  635). 

1261b.  Exchange  of  motor-propelled  vehicles,  aeroplanes,  engines, 
etc.,  on  purchase  of  new. — Hereafter  motor-propelled  vehicles,  aero- 
planes, engines,  and  parts  thereof  may  be  exchanged  in  part  payment 
for  new  equipment  of  the  same  or  similar  character,  to  be  used  for  the 
same  purpose  as  those  proposed  to  be  exchanged.    Act  of  May  12, 

1917  {Jfi  Stat.  Jt3). 

126lc.  Exchange  of  motor-propelled  vehicles,  airplanes  and  other 
equipment. — Subject  to  th^  approval  of  the  Secretary  of  War,  motor- 
propelled  vehicles,  airplanes,  engines,  parts  thereof,  and  appurte- 
nances may  be  exchanged  in  part  payment  for  new  equipment  of  the 
same  or  similar  character  to  be  used  for  the  same  purpose  as  those 
proposed  to  be  exchanged.    Sec.  9,  Act  of  July  21^,  1917  {1^0  Stat.  21^7) . 

(For  the  provisions  of  tliis  section  immediately  preceding  and  following  this 
paragraph  see  pars.  889xx  and  889yy,  ante.) 

1272a.  Soldiers''  homestead,  military  service  on  Mexican  horder, 
etc.,  equivalent  to  residence. — The  provisions  of  the  Act  approved 
June  sixteenth,  "eighteen  hundred  and  ninety-eight,  chapter  four  hun- 
dred and  fifty-eight  (Thirtieth  Statutes  at  Large,  page  four  hun- 
dred and  seventy-three),  shall  be  applicable  in  all  cases  of  military 


MILITARY  LAWS   OF   THE  UNITED  STATES,  1915.  259 

service  rendered  in  connection  with  operations  in  Mexico,  or  along 
the  borders  thereof,  or  in  mobilization  camps  elsewhere,  whether  such 
service  be  in  the  military  or  naval  organization  of  the  United  States 
or  the  National  Guard  of  the  several  States  now  or  hereafter  in  the 
service  of  the  United  States.  Joint  resolution  of  Aug,  29,  1916  {39 
Stat.  671). 

1272b.  Soldiers'  homestead.,  military  or  naval  service  equivalent  to 
residence^  etc.;  contests  on  ground  of  abandonment  "prohibited. — Any 
settler  upon  the  public  lands  of  the  United  States ;  or  any  entryman 
whose  application  has  been  allowed;  or  any  person  who  has  made 
application  for  public  lands  which  thereafter  may  be  allowed  under 
th^  homestead  laws,  who,  after  such  settlement,  entry,  or  application, 
enlists  or  is  actually  engaged  in  the  military  or  naval  service  of  the 
United  States  as  a  private  soldier,  officer,  seaman,  marine,  national 
guardsman,  or  member  of  any  other  organization  for  offense  or  de- 
fense authorized  by  Congress  during  any  war  in  which  the  United 
States  may  be  engaged,  shall,  in  the  administration  of  the  homestead 
laws,  have  his  services  therein  construed  to  be  equivalent  to  all  in- 
tents and  43urposes  to  residence  and  cultivation  for  the  same  length 
of  time  upon  the  tract  entered  or  settled  upon;  and  hereafter  no 
contest  shall  be  initiated  on  the  ground  of  abandonment,  nor  allega- 
tion of  abandonment  sustained  against  any  such  settler,  entryman, 
or  person  unless  it  shall  be  alleged  in  the  preliminary  affidavit  or 
affidavits  of  contest  and  proved  at  the  hearing  in  cases  hereinafter 
initiated  that  the  alleged  absence  from  the  land  was  not  due  to  his 
employment  in  such  military  or  naval  service;  that  if  he  shall  be  dis- 
charged on  account  of  wounds  received  or  disability  incurred  in  the 
line  of  duty,  then  the  term  of  his  enlistment  shall  be  deducted  from 
the  required  length  of  residence,  VN^thout  reference  to  the  time  of 
actual  service.    Sec.  1,  Act  of  July  28, 1917  {^0  Stat.  21^8) . 

1272c.  Same — One  year'^s  residence,  etc.,  required  as  condition  prece- 
dent to  paMnt. — No  patent  shall  issue  to  any  homestead  settler  who 
has. not  resided  upon,  improved,  and  cultivated  his  homestead  for  a 
period  of  at  least  one  year.     Id. 

1272d.  Same — Widows  and  minor  children  of  applicants,  etc.,  for 
homesteads  dying  in  iniUtary  service,  etc.;  right  to  homesteads. — Any 
settler  upon  the  public  lands  of  the  United  States ;  or  any  entryman 
whose  application  has  been  allowed ;  or  any  person  who  has  made  ap- 
plication for  public  lands  which  thereafter  may  be  allowed  under  the 
homestead  laws,  who  dies  while  actually  engaged  in  the  military  or 
naval  service  of  the  United  States  as  a  private  soldier,  officer,  seaman, 
marine,  national  guardsman,  or  member  of  any  other  organization  for 
offense  or  defense  authorized  by  Congress  during  any  war  in  which 
the  United  States  may  be  engaged,  then  his  widow,  if  unmarried,  or 
in  case  of  her  death  or  marriage,  his  minor  orphan  children,  or  his  or 


260  MILITARY  LAWS   OF    THE   UNITED   STATES,  1915. 

their  legal  representatives,  may  proceed  forthwith  to  make  final 
proof  upon  such  entry  or  application  thereafter  allowed,  and  shall  be 
entitled  to  receive  Government  patent  for  such  land;  and  that  the 
death  of  such  soldier  while  so  engaged  in  the  service  of  the  United 
States  shall,  in  the  administration  of  the  homestead  laAvs,  be  con- 
strued to  be  equivalent  to  a  i^erformance  of  all  requirements  as  to 
residence  and  cultivation  upon  such  homestead.     Sec,  2,  id, 

DESERT  LANDS. 

1272e.  Requirements  as  to  expenditures  on  and  cidtivation  of  land 
suspended  as  to  personis  in  military  service^  etc.^  during  war  with 
Germany. — No  desert-land  entry  made  or  held  under  the  provisions 
of  the  Act  of  March  third,  eighteen  hundred  and  seventy-seven,  as 
amended  by  the  Act  of  March  third,  eighteen  hundred  and  ninety- 
one,^  by  an  officer  or  enlisted  man  in  the  Army,  Navy,  Marine  Corps, 
or  Organized  Militia  of  the  United  States  shall  be  subject  to  contest 
or  cancellation  for  failure  to  make  or  expend  the  sum  of  $1  per  acre 
per  year  in  improvements  upon  such  claim,  or  to  effect  the  reclama- 
tion thereof,  during  the  period  said  entryman  or  his  successor  in  in- 
terest is  engaged  in  the  military  service  of  the  United  States  during 
the  present  war  with  Germany,  and  until  six  months  thereafter,  and 
the  time  within  which  such  entryman  or  claimant  is  required  to  make 
such  expenditures  and  effect  reclamation  of  the  land  shall  be,  exclu- 
sive of  the  time  of  his  actual  service  in  the  Army,  Navy,  Marine 
Corps,  or  Organized  Militia  of  the  United  States.  Act  of  Aug.  7, 
1917  {W  Stat.  259). 

1272f.  Entry  must  have  heen  made  hy  claimant  prior  to  his  enlist- 
ment. — Said  desert-land  entry  shall  have  been  made  by  the  said  officer 
or  enlisted  man  prior  to  his  enlistment.    Id, 

1272g.  Same — Notice  of  muster  into  service  to  he  filed. — Each  such 
entryman  or  claimant  shall,  within  six  months  after  the  passage  of 
this  Act,  or  within  six  months  after  he  is  mustered  into  the  service, 
file  in  the  local  land  office  of  the  district  wherein  his  claim  is  situate 
a  notice  of  his  muster  into  the  service  of  the  United  States  and  of 
his  desire  to  hold  said  desert  claim  under  this  Act.    Id. 

1272h.  Same — '^ Enlisted  man''''  refined  for  purposes  of  Act. — The 
term  "  enlisted  man,"  as  used  in  this  section  shall  include  any  person 
selected  to  serve  in  the  military  forces  of  the  United  States  as  pro- 
vided by  the  Act  entitled  "  An  Act  authorizing  the  President  to  in- 
crease temporarily  the  Military  Establishment  of  the  United  States," 
approved  May  eighteenth,  nineteen  hundred  and  seventeen.^    Id. 

*  See  19  Stat.  377,  and  26  Stat.  1096. 

"  See  paragraphs  1637-1642,  post,  or  40  Stat.  7&-82. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  261 

12721.  Persons  in  armed  forces  of  United  States,  hefore  whom  affi- 
daolts  required  hy  lata  affecting  applications,  entires,  etc.,  may  he 
made. — During  the  continuance  of  the  present  war  with  Germany, 
and  until  his  discharge  from  service,  any  man  serving  in  the  armed 
forces  of  the  United  States,  who,  prior  to  the  beginning  of  his  services 
was  a  settler,  an  applicant,  or  entryman  under  the  land  laws  of  the 
United  States,  or  who  has,  prior  to  enlistment,  filed  a  contest,  with 
the  view  of  exercising  preference  right  of  entry  therefor,  may  make 
any  affidavit  required  by  law  or  regulation  of  the  department,  affect- 
ing such  application,  entry,  or  contest,  or  necessary  to  the  making  of 
entry  in  the  case  of  the  successful  termination  of  such  contest  award- 
ing him  preference  right  of  entry,  before  his  commanding  officer  as 
provided  in  section  twenty-two  hundred  and  ninety-three  of  the  Re- 
vised Statutes  of  the  United  States,  which  affidavits  shall  be  as  bind- 
ing in  law  and  with  like  penalties  as  if  taken  before  the  Register  of 
the  United  States  Land  Office.  Act  of  Oct.  6,  1917  {40  JSiat.  391), 
amending  Sec.  2293,  R.  S, 

MINING  CLAIMS. 

1272J.  Provisions  of  R.  S.  2324,  «*  to  lahor  on,  not  applicahle  to 
persons  in  military  service,  etc.,  during  war  with  Germany. — The 
provisions  of  section  twenty-three  hundred  and  twenty-four  of  the 
Revised  Statutes  of  the  United  States,  which  require  that  on  each 
mining  claim  located  after  the  tenth  day  of  May,  eighteen  hundred 
and  seventy-two,  and  until  patent  has  been  issued  therefor,  not  less 
than  $100  worth  of  labor  shall  be  performed  or  improvements  made 
during  each  year,  shall  not  apply  to  claims  or  parts  of  claims  owned 
by  officers  or  enlisted  men  who  have  been  or  may,  during  the  present 
war  with  Germany,  be  mustered  into  the  military  or  naval  service 
of  the  United  States  to  serve  during  their  enlistment  in  the  war  with 
Germany,  so  that  no  mining  claim  or  any  part  thereof  owned  by  such 
person  which  has  been  regularly  located  and  recorded  shall  be  subject 
to  forfeiture  for  nonperformance  of  the  annual  assessments  during 
the'  period  of  his  service  or  until  six  months  after  such  owner  is 
mustered  out  of  the  service  or  until  six  months  after  his  death  in  the 
service.     Joint  Resolution  of  July  17,  1917  {40  Stat.  243). 

12721.  Same — Notice  of  muster  into  service  to  he  filed. — The  claim- 
ant of  any  mining  location,  in  order  to  obtain  the  benefits  of  this 
resolution,  shall  file,  or  cause  to  be  filed,  a  notice  in  the  office  where 
the  location  notice  or  certificate  is  recorded,  before  the  expiration  of 
the  assessment  year  during  which  he  is  so  mustered,  giving  notice  of 
his  muster  into  the  service  of  the  United  States  and  of  his  desire  to 
hold  said  mining  claim  under  this  resolution.    Id, 


262  MILITARY  LAWS   OF   THE   UNITED   STATES,  1915. 

1272in.  Labor  on  mining  clmras^  suspension  of  during  years  1917 
and  1918. — In  order  that  labor  may  be  most  effectively  used  in  rais- 
ing and  producing  those  things  needed  in  the  prosecution  of  the 
present  war  with  Germany,  that  the  provision  of  section  twenty- 
three  hundred  and  twenty-four  of  the  Revised  Statutes  of  the  United 
States  which  requires  on  each  mining  claim  located,  and  until  a  pat- 
ent has  been  issued  therefor,  not  less  than  $100  worth  of  labor  to  be 
performed  or  improvements  to  be  made  during  each  year,  be,  and  the 
same  is  hereby,  suspended  during  the  years  nineteen  hundred  and 
seventeen  and  nineteen  hundred  and  eighteen.  Joint  resolution  of 
Oct.  6,1917  {JfO  Stat.  3^3). 

1272n.  Same — Claimant  to  file  notice  of  desire  to  hold  such  mining 
claim. — Every  claimant  of  any  such  mining  claim  in  order  to  obtain 
the  benefits  of  this  resolution  shall  file  or  cause  to  be  filed  in  the  office 
where  the  location  notice  or  certificate  is  recorded  on  or  before  De- 
cember thirt3^-first,  of  each  of  the  years  nineteen  hundred  and  seven- 
teen and  nineteen  hundred  and  eighteen,  a  notice  of  his  desire  to  hold 
said  mining  claim  under  this  resolution :  Provided  further,  That  this 
resolution  shall  not  apply  to  oil  placer  locations  or  claims.     Id. 

1272o.  Provisions  relative  to  labor  on  mining  claims  of  persons  in 
military  service,  etCy  not  affected  by. — This  resolution  shall  not  l)e 
deemed  to  amend  or  repeal  the  public  resolution  entitled  "  Joint  reso- 
lution to  relieve  the  owners  of  mining  claims  who  have  been  mustered 
into  the  military  or  naval  service  of  the  United  States  as  officers  or 
enlisted  men  from  performing  assessment  work  during  the  term  of 
such  service,"  apx^roved  July  seventeentli,  nineteen  hundred  and 
seventeen.^    Id. 

LANDS  FOR  MILITARY  PURPOSES. 

1274a.  Donation  of  lands  for  aviation  field  and  remount  station^ 
acceptance  of. — The  Secretary  of  War  is  hereby  authorized  to  accept 
for  the  United  States  from  any  citizen  of  the  United  States  a  dona- 
tion of  a  tract  or  tracts  of  land  suitable  and  desirable  in  his  judgment 
for  the  purj:)oses  of  an  aviation  field  and  remount  station,  the  terms 
of  the  donation  also  to  authorize  the  use  of  the  property  donated  for 
any  other  service  of  the  United  States  which  may  hereafter  appear 
desirable.    Act  of  Aug.  29, 1916  {39  Stat.  6'22). 

1274b.  Purchase  of  lands  for  aviation  purposes  provided  military 
resen'vatioTis  are  not  available. — The  Secretary  of  War  is  directed  to 
investigate  the  suitability  of  the  various  military  reservations  for 
a\'iation  purposes,  and  should  any  of  the  reservations  be  found  not 
suitable  and  not  available  for  aviation,  he  is  authorized,  in  his  dis- 
cretion, to  acquire,  by  purchase,  condemnation,  or  otherwise,  for  tho 

*  See  paragraphs  12721  and  1272 j,  ante. 


MILITARY  LAWS   OF   THE   UNITED  STATES^  191&.  263 

United  States  of  America,  such  land  as  may  be  necessary  for  avia- 
tion purposes,  and  there  is  hereby  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  the  sum  of  $300,000,  or 
so  much  thereof  as  may  be  necessary,  for  said  purpose.     Id. 

1274c.  Donation  of  lands  for  mobilisation,  training^  and  awpply 
stations^  acceptance  of ,'  also  report  as  to  additional  needs  for  National 
Guard  and  Regular  Army. — ^The  Secretary  of  War  is  hereby  author- 
ized to  accept  for  the  United  States  from  any  person  such  tract  or 
tracts  of  land  suitable  and  desirable  in  his  judgment  for  permanent 
mobilization,  training,  and  supply  stations;  and  he  is  directed  to 
investigate  and  report  to  Congress  as  soon  as  practicable  what  addi- 
tional tracts  are  necessary  for  said  purposes  for  use  by  the  National 
Guard  and  by  the  Eegular  Army  and  the  probable  cost  of  the  same. 
Id.  623. 

1274d.  Report  as  to  land  and  huildings  required  for  airships,  etc.y 
for  seacoast  defenses. — The  Secretary  of  War  is  directed  to  submit  to 
Congi'ess  on  or  before  January  first,  nineteen  hundi*ed  and  eighteen, 
a  detailed  statement  of  the  land,  buildings,  and  other  facilities  now 
available  and  to  be  required  for  the  accommodation  of  airships  and 
other  aerial  machines  to  be  used  in  connection  with  the  seacoast  de- 
fenses of  the  continental  United  States,  the  insular  possessions,  and 
the  Panama  Canal.    Act  of  Feh.  i^  1917  {39  Stat.  910). 

i274e.  Acquisition  of  sites  for  aviation  schools,  posts  and  sta- 
tions.— The  Secretary  of  War  is  hereby  authorized  to  acquire,  by 
purchase,  donation,  or  by  condemnation,  such  land  sites  throughout 
the  United  States  as  are  immediately  necessary  for  the  permanent 
establishment  of  aviation  schools,  aviation  posts,  and  experimental 
aviation  stations  and  proving  grounds  for  the  United  States  Army.^ 
Act  of  May  12, 1917  (40  Stat.  42.) 

1274f.  Land-site  funds  available  for  othen'  purposes;  leasing  of 
aviation  fields. — The  funds  thus  authorized  for  use  in  the  purchase 
of  land  sites  may  also  be  used  for  the  improvement  and  preparation 
of  land  and  waters  contiguous  thereto;  for  the  construction,  main- 
tenance, and  repair  of  permanent  barracks,  quarters,  stables,  store- 
houses, magazines,  administration  buildings,  hangars,  sheds,  shops, 
garagas,  and  other  permanent  buildings  necessary  for  the  shelter  of 
aviation  troops,  public  animals,  stores  and  equipment,  and  for  admin- 
istration purposes;  for  the  purchase  of  all  equipment  and  material 
necessary  for  the  installation,  operation,  and  repair  o-f  all  water, 
sewer,  electric-light  and  electric-power  systems;  for  the  ccmstruction 
of  roads,  walks,  and  wharves;  for  the  disposal  of  drainage;  for  the 
clearing,  grading,  rolling,  seeding,  di'edging,  and  otherwise  improv- 
ing and  preparing  land  and  water  sites;  for  rental  and  lease  of 

^The  Act  of  June  15,  1917,  urgent  deficiencies  act  (40  Stat.  187),  contains  a 
provision  identical  witli  above  paragraph. 


264  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

grounds  for  aviation  fields,  camp  sites,  and  other  military  aviation 
purposes;  for  rental  and  lease  of  buildings  or  portions  of  buildings 
for  occupation  b}^  aviation  troops,  and  for  use  as  storehouses,  offices, 
shops,  garages,  and  for  other  military  aviation  purposes;  for  the 
purchase  of  office  furniture  and  office  equipment;  for  the  purchase 
and  installation  of  special  equipment,  supplies,  and  accessories  neces- 
sary for  the  establishment  of  experimental  stations  and  proving 
grounds,  aviation  schools,  and  aviation  posts;  for  the  purchase  of 
such  textbooks,  books  of  reference,  scientific  and  professional  papers, 
periodicals  and  magazines,  and  the  purchase  of  modern  instruments 
and  material  for  theoretical  and  practical  instruction  in  all  experi- 
mental stations  and  proving  grounds  and  aviation  schools  and  avia- 
tion posts:  Provided  further^  That  the  funds  thus  authorized  for 
these  purposes  shall  be  available  until  expended:  And  provided 
further^  That  not  more  than  $600,000  of  the  foregoing  sum  shall  be 
used  for  the  purchase  of  land:  Provided^  That  no  part  of  the  fore- 
going appropriation  shall  be  expended  for  the  purchase  of  aviation 
fields  if  it  is  found  practicable  to  lease  suitable  sites  for  such  pur- 
poses on  more  favorable  terms.     Id. 

1274g.  Site  for  aviation  stations  at  North  Island^  San  Diego^  Call- 
fornia^  taking  'possession  of. — ^The  President  be,  and  he  is  hereby, 
authorized  to  cause  possession  to  be  taken  forthwith,  on  behalf  of 
the  United  States,  for  use  for  national  defense  and  in  connection 
therewith  as  sites  for  permanent  aviation  stations  for  the  Army  and 
Navy  and  for  aviation  school  purposes,  of  the  whole  of  North  Island, 
in  the  harbor  of  San  Diego,  California,  and  the  provisions  of  sec- 
tion three  hundred  and  fifty-five.  Revised  Statutes,^  shall  not  apply 
to  the  exp'enditure  of  any  appropriations  for  improvements  thereon 
ior  aviation  purposes.     Act  of  July  27, 1917  (40  Stat.  2^7). 

12741i.  Same — Procedure  for  determination  of  rights  of  private  par- 
ties in. — The  Attorney  General  or  the  claimants  to  the  said  North 
Island  are  authorized  to  make  application  for  the  determination  and 
appraisement  of  any  rights  private  parties  may  have  in  the  said 
island  over  and  beyond  any  rights  thereto  in  the  United  States  to 
the  District  Court  of  the  United  States  for  the  Southern  District  of 
California ;  the  proceedings  to  be  prosecuted  in  accordance  with  the 
laws  of  the  State  of  California  relating  to  the  condemnation  of 
property  for  public  use.  Either  party  may  take  an  appeal  from  the 
judgment  of  such  court  direct  to  the  Supreme  Court  of  the  United 
States  within  ninety  days  after  such  judgment  is  rendered.     Id.^  2IfS, 

12741.  Same — Payment  into  court  of  value  of  such  rights. — Upon 
the  final  ascertainment  of  the  value  of  any  right,  title,  or  interest 
adjudged  to  be  in  any  private  claimants  to  the  said  island  there  shall 

*  See  paragraph  258,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  265 

be  paid  into  court  the  value  of  the  same  as  so  determined,  together 
with  interest  thereon  at  the  rate  of  six  per  centum  per  annum  from 
date  possession  thereof  was  taken  as  herein  authorized;  and  there- 
upon the  United  States  shall  be  vested  with  title  to  said  lands.     Id, 

1274J.  Appropriation  for  payment  of  award  and  distribution  hy 
order  of  court. — The  amount  so  paid  shall  be  distributed  by  order 
of  the  court  to  the  owner  or  owners  of  such  right,  title,  or  interest  in 
said  island  as  their  respective  interests  may  be  determined  by  the 
court.  The  amount  necessary  to  pay  the  awards  in  favor  of  private 
claimants  is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  specifically  appropriated,  to  be  disbursed  under  orders 
of  the  Secretary  of  War.     Id. 

1274k.  Proving  ground  for  testing  ordnance  material. — For  in- 
creasing facilities  for  the  proof  and  test  of  ordnance  material,  in- 
cluding necessary  buildings,  construction,  equipment,  land,  and  dam- 
ages and  losses  to  persons,  firms,  and  corporations,  resulting  from 
the  procurement  of  the  land  for  this  purpose,  and  also  the  salaries 
and  expenses  of  any  agents  appointed  to  assist  in  the  procurement 
of  said  land  or  damages  resulting  from  its  taking,  $7,000,000.  Act 
of  Oct.  6, 1917  HO  Stat.  352). 

12741.  President  authorized  to  take  over  necessary  land^  etc,^  on 
failure  to  purchase. — If  the  land  and  appurtenances  and  improve- 
ments attached  thereto,  as  contem.plated  under  the  foregoing  appro- 
priation, can  not  be  procured  by  purchase,  then  the  President  is 
hereby  authorized  and  empowered  to  take  over  for  the  United  States 
the  immediate  possession  and  title,  including  all  easements,  rights 
of  w^ay,  riparian  and  other  rights  appurtenant  thereto,  or  any  land 
selected  by  him  to  be  used  for  the  carrying  out  of  the  purpose  named 
in  the  aforesaid  appropriation.     Id..  353. 

1274in.  Same — Just  compensation  for  land^  etc.,  taken^  method  to 
determine. — If  said  land  and  appurtenances  and  improvements  shall 
be  taken  over  as  aforesaid  the  United  States  shall  make  just  com- 
pensation therefor,  to  be  determined  by  the  President,  and  if  the 
amount  thereof,  so  determined  by  the  President,  is  unsatisfactory  to 
the  person  entitled  to  receive  the  same,  such  person  shall  be  paid 
seventy-five  per  centum  of  the  amount  so  determined  by  the  Presi- 
dent and  shall  be  entitled  to  sue  the  United  States  to  recover  such 
further  sum,  as,  added  to  the  said  seventy-five  per  centum,  will  make 
up  such  amount  as  will  be  just  compensation  therefor,  in  the  manner 
provided  for  by  section  twenty-four,  paragraph  twenty,  and  section 
one  hundred  and  forty-five  of  the  Judicial  Code.*    Id. 

1274n.  Same — Title  to  immediately  vest  in  United  States. — Upon 
the  taking  over  of  said  property  by  the  President  as  aforesaid  the 

*  See  paragraphs  278  and  277,  ante,  or  36  Stat.  1136,  1093. 


266  MILITARY  LAWS   OF   THE   UN^ueD   STATES,  1915. 

title  to  all  such  property  so  taken  over  shall  immediately  vest  in  the 
United  States.    Id. 

1274o.  Examination  of  title  hy  Attorney  General  not  required. — 
Section  three  hundred  and  fifty-five  of  the  Kevised  Statutes  of  the 
United  States  shall  not  apply  to  the  expenditures  authorized  here- 
under.    Id. 

1274p.  Purchase  of  land^  etc.^  for  07'dnance  Department  exempted 
from  provision  of  Revised  Statutes  as  to  ejcamination  of  title. — Sec- 
tion three  hundred  and  fifty-five  of  the  Revised  Statutes  of  the 
Uiiited  States  shall  not  apply  to  the  expenditure  of  appropriations 
for  the  Ordnance  Department  of  the  Army  now  available  for  the 
purchase  of  land  and  for  improvements  upon  such  land.  Joint  Res, 
of  Oct.  6, 1917  {iO  Stat,  m)^ 

1279a.  Erection  of  Young  MerCs  Christian  Association  huildiyigs 
on  military  reservations. — Authority  is  hereby  given  to  tlie  Secre- 
tary of  War,  in  his  discretion,  to  grant  permission  by  revocable 
license  to  the  International  Committee  of  Young  Men's  Christian 
Associations  of  North  America  to  erect  and  maintain,  on  the  mili- 
tary reservations  within  the  United  States  or  its  island  possessions, 
such  buildings  as  their  work  for  the  promotion  of  the  social,  physi- 
cal, intellectual,  and  moral  welfare  of  the  garrisons  may  require, 
under  such  regulations  as  the  Secretary  of  War  may  impose.^  Act 
of  May  31,  1902  {32  Stat^  282). 

1279b.  Revocable  license  to  American  National  Red  Cross  to  erect 
huildings  on  'military  reservations  for  storage  of  supplies. — Author- 
ity is  hereby  given  to  the  Secretary  of  War  to  grant  permission,  by 
revolj:able  license,  to  the  American  National  Red  Cross  to  erect  and 
maintain  on  any  military  reservations  within  the  jurisdiction  of  the 
United  States  buildings  suitable  for  the  storage  of  supplies,  or  to 
occupy  for  that  purpose  buildings  erected  by  the  United  States, 
under  such  regulations  as  the  Secretary  of  War  may  prescribe,  such 
supplies  to  be  available  for  the  aid  of  the  civilian  population  in  case 
of  serious  national  disaster.  Sec.  10,  Act  of  June  3,  1916  {39  Stat. 
173). 

(For  the  provision  of  this  section  immediately  preceding  this  paragraph  see 
paragrapli  750c.) 

1279bJ.  Express  authority  for  huildings,  etc.,  in  pa^'ks,  etc. — Here- 
after there  shall  not  be  erected  on  any  reservation,  park,  or  public 

^The  appropriation  for  furnishing  heat  and  light  for  buildings  erected  at 
private  cost  nnder  the  act  of  May  31,  1902.  is  not  available  for  the  installation 
of  heating  and  lighting  fixtures  in  Y.  M.  C.  A.  buildings,  but  only  to  provide 
the  consumable  supplies  necessary  for  heating  and  lighting  same.  (War  Dept. 
Bull.  72,  Dec.  24,  1917.) 

The  appropriation  for  furnishing  heat  and  light  for  buildings  erected  at 
private  cost  under  the  act  of  May  31,  1902,  is  not  available  for  furnishing  heat 
or  light  for  hostess  houses  of  the  Y.  W.  C.  A.     (Id.) 


MILITARY  LAWS   OF  THE   UNITED  STATES,  1915.  267 

grounds,  of  the  United  States  within  the  District  of  Columbia,  any 
building  or  structure  without  express  authority  of  Congress.  Act^ 
of  Aug.  2k,  1912  {87  StaL  m)> 

1279c.  Temporary  buildings  for  American  Red  Cross  in  District  of 
ColumMa, — Authority  be,  and  is  hereby,  given  to  the  Commission 
on  Memorial  to  Women  of  the  Civil  War  to  grant  permission,  under 
such  conditions  and  restrictions  as  it  may  deem  necessary,  to  the 
central  committee  of  the  American  Red  Cross  to  erect  upon  square 
Fi umbered  one  hundred  and  seventy-two,  in  the  city  of  Washington, 
a  temporary  building  or  buildings  for  the  use  of  the  American  Red 
Cross  in  connection  with  its  work  in  cooperation  with  the  Govern- 
ment of  the  United  States.  Joint  Resolution  of  May  22,  1917  {40 
Stat.  90). 

1279d.  Same — Removal  within  three  years. — Any  building  or  build- 
ings which  may  be  erected  under  this  authority  shall  be  removed 
and  the  site  or  sites  thereof  placed  in  good  condition  within  three 
years  from  the  date  of  the  approval  of  this  resolution,  unless 
otherwise  especially  provided  by  Congress:  Provided  further.,  That 
the  United  States  shall  be  put  to  no  expense  of  any  kind  by  reason 
of  the  exercise  of  the  authority  hereby  conferred.    Id. 

12?9e.  Temporary  huilding  may  he  erected  hy  Secretary  of  War 
in  Smithsonia?!  Grounds.  District  of  Columbia. — Authority  be,  and  is 
hereb}^,  given  to  the  Board  of  Regents  of  the  Smithsonian  Institution 
to  grant  permission,  under  such  conditions  and  restrictions  as  they 
may  deem  necessary,  to  the  Secretary  of  War  to  erect  for  the  use  of 
the  War  Department  a  temporary  structure  or  structures  in  the 
Smithsonian  Grounds  in  the  city  of  lS[2ih\\m^on:  Provided,  That  the 
Secretary  of  War  shall  have  such  building  or  buildings  removed  from 
the  said  grounds  and  the  site  or  sites  thereof  placed  in  as  good  con- 
dition as  at  present  within  three  years  from  the  date  of  the  ajDproval 
of  this  resolution.     Joint  Resolution  of  June  9,  1917  {40  Stat.  102). 

1281a.  Sale  of  land  purchased  for  target  ranges  for  National 
Guard. — When  any  land  which  has  been  heretofore  or  may  be  here- 
after acquired  by  purchase  for  a  target  range  for  the  use  of  the 
National  Guard  of  any  State,  Territory,  or  the  District  of  Columbia, 
shall  have  become  useless  or  shall  be  found  to  be  unavailable  for  such 
l)urpose,  the  Secretary  of  War  may  cause  the  same  to  be  sold  either 
in  whole  or  in  two  or  more  parts  as  he  may  deem  best  for  the  inter- 
ests of  the  United  States.     Act  of  May  12, 1917  {40  Stat.  67) . 

1281b.  Same — Appraisal  and  method  of  sale. — In  the  disposal  of 
such  propertj^,  the  Secretary  of  War  shall  cause  the  same  to  be  ap- 
inaised  either  as  a  whole  or  in  two  or  more  tracts,  having  due  refer- 
ence to  the  requirements  of  any  permanent  improvements  made  there- 
on ;  and  he  shall  cause  the  property  to  be  offered  at  public  or  private 
sale  at  not  less  than  the  appraised  value.     Id, 


268  MILITARY   LA'4-S    OF    TPIE   UNITED   STATES,  1915. 

1281c.  Expenses  of  sale  and  disposition  of  proceeds. — The  expenses 
for  advertising,  appraisement,  survey,  and  sale  shall  be  paid  from 
the  proceeds  of  the  sale ;  and  the  net  proceeds  thereof  shall  be  placed 
to  the  credit  of  the  State,  Territory,  or  District  of  Columbia,  as  addi- 
tional to  its  allotment  under  section  sixty-seven  of  the  Act  of  June 
third,  nineteen  hundred  and  sixteen.     Id, 

1283a.  Right  of  way  for  highways  over  puhlic  lands. — The  right 
of  way  for  the  construction  of  highways  over  public  lands,  not  re- 
served for  public  uses,  is  hereby  granted.  Sec.  ^^77,  B.  S. 
■  1289a.  Report  as  to  permanent  military  posts-  with  plans  and  esti- 
mates for  guarteHng  officers  and  enlisted  men. — The  Secretary  of 
War  is  authorized  and  directed  to  report  to  Congress  on  or  before 
January  first,  nineteen  hundred  and  eighteen,  as  to  the  most  desir- 
able method  for  quartering  officers  and  enlisted  men  of  the  Army, 
and  to  submit  detailed  plans  and  estimates  of  cost  for  the  carrying 
out  of  any  proposed  scheme  or  schemes,  together  with  locations  de- 
sired and  in  particular  what  existing  posts  shall  be  retained,  enlarged, 
or  discontinued.     Act  of  June  12,  1917  {W  Stat.  129). 

VOCATIONAL  TRAINING. 

1293a.  Educational  instructions,  vocational  education,  employment 
of  civilian  teachers,  etc.,  for  enlisted  men. — In  addition  to  military 
training,  soldiers  while  in  the  active  service  shall  hereafter  be  given 
the  opportunity  to  study  and  receive  instruction  upon  educational 
lines  of  such  character  as  to  increase  their  military  efficiency  and  en- 
able them  to  return  to  civil  life  better  equipped  for  industrial,  com- 
mercial, and  general  business  occupations.  Civilian  teachers  may  be 
employed  to  aid  the  Army  officers  in  giving  such  instruction,  and  part 
of  this  instruction  may  consist  of  vocational  education  either  in 
agi'iculture  or  the  mechanical  arts.  Sec,  27,  Act  of  June  3,  1916 
(39  Stat.  186), 

(For  provision  of  this  section  immediately  preceding  this  paragraph  see  para- 
graph 1032a.) 

1293b.  Same — Secretary  of  War  to  prescribe  necessary  rules  and 
regulations,  and  suspend,  increase,  or  decrease  the  airwunt  of  in- 
struction.— The  Secretary  of  War,  wdth  the  approval  of  the  Presi- 
dent, shall  prescribe  rules  and  regulations  for  conducting  the  in- 
struction herein  provided  for,  and  the  Secretary  of  War  shall  have 
the  power  at  all  times  to  suspend,  increase,  or  decrease  the  amount 
of  such  instruction  ojffered  as  may  in  his  judgment  be  consistent 
with  the  requirements  of  military  instruction  and -service  of  the 
soldiers.    Id. 

1293c.  Instruction  additional  to  military  training. — For  the  em- 
ployment of  the  necessary  civilian  instructors  in  the  most  important 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  269 

trades,  for  the  purchase  of  carpenter's,  machinist's,  phimber's, 
mason's,  electrician's,  and  such  other  tools  and  equipment  as  may 
be  required,  including  machines  used  in  connection  with  the  trades, 
for  the  purchase  of  material  and  other  supplies  necessary  for  in- 
struction and  training  purposes  and  the  construction  of  such  build- 
ings needed  for  vocational  training  in  agriculture  for  shops,  storage, 
and  shelter  of  machinery  as  may  be  necessary  to  carry  out  the  pro- 
visions of  section  twenty-seven  of  the  Act  approved  June  third, 
nineteen  hundred  and  sixteen,^  authorizing,  in  addition  to  the  mili- 
tary training  of  soldiers  while  in  the  active  service,  means  for  secur- 
ing an  opportunity  to  study  and  receive  instruction  upon  educational 
lines  of  such  character  as  to  increase  their  military  efficiency  and 
enable  them  to  return  to  civil  life  better  equipped  for  industrial, 
commercial,  and  general  business  occupations,  part  of  this  instruction 
to  consist  of  vocational  education  either  in  agriculture  or  the  me- 
chanic arts.     Act  of  May  12, 1917  {JfO  Stat,  59), 

1293d.  Same — Transfer  of  enlisted  men  to  organizations  at  regi- 
nvental  posts  for  such,  instructions, — The  Secretary  of  War  may,  in 
his  discretion,  in  order  to  carry  out  the  last  provision,  select  one  or 
more  and  not  exceeding  three  regiments  of  Infantry,  Cavalry,  or 
Field  Artillery  to  be  stationed  at  a  regimental  post  within  the  conti- 
nental limits  of  the  United  States  on  or  before  July  first,  nineteen 
hundred  and  seventeen,  and  may  transfer  from  such  regiment  to 
other  organizations  any  enlisted  man  or  men  who  do  not  desire 
educational  or  vocational  training  and  instruction  such  as  is  con- 
templated by  the  concluding  paragraph  of  section  twenty-seven  of 
the  National  Defense  Act  approved  June  third,  nineteen  hundred 
and  sixteen,^  and  may  transfer  thereto  from  other  organizations  a 
number  of  enlisted  men  to  be  selected  under  such  rules  and  regula- 
tions as  he  may  prescribe  who  do  desire  such  instruction  and  train- 
ing or  may  receive  recruits  thereto  sufficient  to  bring  the  enlisted 
strength  of  the  regiment  up  to  that  authorized  by  law.    Id. 

1293e.  Same — Hours  of  educational  and  vocational  t7'aining, — 
During  such  part  of  the  year  beginning  July  first,  nineteen  hundred 
and  seventeen,  and  thereafter  as  the  enlisted  men  of  the  regiment  so 
selected  shall  not  be  engaged  on  field  service  or  in  field  training 
they  shall  be  under  training  or  instruction  nine  hours  of  each  day, 
or  as  near  that  number  of  hours  as  possible,  Sundays  and  holidays 
excepted,  at  least  three  hours  of  each  day  to  be  devoted  to  military 
training  and  six  hours  of  each  day,  or  as  nearly  that  as  possible,  to 
educational  and  vocational  training  and  instruction  such  as  is  con- 
templated by  the  concluding  paragraph  of  section  twenty-seven  of 
the  National  Defense  Act.    Id,^  60, 

*  See  paragraphs  1293a,  1293b,  ante. 


270  MILITARY   LAWS   OF    THE   UNITED  STATES,   1915. 

1293f.  Same — Civilian  instructors. — The  educational  and  voca- 
tional training  to  be  had  under  civilian  instructors  employed  for 
that  purpose  under  ^ch  rules  and  regulations  as  the  Secretary  of 
War  shall  prescribe.    Id. 

1293^.  Same — Instructors  and  discipline  under  jurisdiction  of  'mili- 
tary authorities. — Said  civilian  instructors,  as  well  as  the  discipline 
of  the  said  post,  shall  be  under  the  jurisdiction  of  the  military  au- 
thorities, under  such  rules  and  regulations  as  the  Secretary  of  War 
may  prescribe.     Id. 

1293h.  Vocational  training  for  enlisted  men.,  Aviatioii  Section^  Sig- 
nal Corps. — And  also  for  vocational  training,  including  employ- 
ment of  necessary  civilian  instructors  in  important  trades  related  to 
aviation,  purchase  of  tools,  equipment,  materials,  and  machines  re- 
quired for  such  training,  purchase  of  textbooks,  books  of  reference, 
scientific  and  professional  papers,  periodicals  and  magazines,  and  in- 
struments and  material  for  theoretical  and  practical  instruction  at 
aviation  schools  and  stations,  and  all  other  means  to  carry  out  the 
provisions  of  section  twenty-seven  of  the  Act  approved  June  third, 
nineteen  hundred  and  sixteen,  authorizing,  in  addition  to  the  military 
training  of  soldiers  while  in  active  service,  means  for  securing  edu- 
cational and  vocational  training  of  a  character  to  increase  their 
military  efficiency  and  enable  them  to  return  to  civil  life  better 
equipped  for  industrial,  commercial,  and  general  business  occupa- 
tions.   Sec.  9,  Act  of  July  21^,  1917  {kO  Stat.  2Ifi) . 

(For  the  provision  of  this  section  immediately  preceding  tills  parapiraph  see 
paragraph  889uu,  and  for  the  ensuing  provision  see  paragraph  979j,  ante.) 

12931.  Persons  injured  required  to  follow  courses  of  reeducatioii, 
vocational  training^  etc. — In  cases  of  dismemberment,  of  injuries  to 
sight  or  hearing,  and  of  other  injuries  commonly  causing  permanent 
disability,  the  injured  person  shall  follow  such  course  or  coui-ses  of 
rehabilitation,  reeducation,  and  vocational  training  as  the  United 
States  may  provide  or  procure  to  be  provided.  Sec,  2-SOi,  act  of 
Oct.  6, 1917  (40  Stat.  407). 

(For  provision  of  this  act  immediately  preceding  this  paragraph  see  para- 
graph 14S3jjj,  ante.) 

1293J.  Same — Enlistment  in  military  or  naval  service  of  such  per- 
sons unable  to  follow  gainful  occupations. — Should  such  course  pre- 
vent the  injured  person  from  following  a  substantially  gainful  oc- 
cupation while  taking  same,  a  form  of  enlistment  may  be  required 
which  shall  bring  the  injured  i>erson  into  the  military  or  naval 
service.    Id. 

1293k.  Same — Pay  during  such  enlistment. — Such  enlistment  shall 
entitle  the  person  to  full  pay  as  during  the  last  month  of  his  active 
service,  and  his  family  to  family  allowances  and  allotment  as  here- 


MILITARY  LAWS   OF   THE  UNITED  STATES,  1915.  271 

inbefore  provided,  in  lieu  of  all  other  compensation  for  the  time 
being.    Id, 

12931.  Swme — Suspension  of  compensation  on  failure  to  take  course 
or  enlist. — In  case  of  his  willful  failure  properl}^  to  follow  such 
course  or  so  to  enlist,  payment  of  compensation  shall  be  suspended 
until  such  willful  failure  ceases  and  no  compensation  shall  be  pay- 
able for  the  intervening  period.     Id. 

(For  the  ensuing  provision  of  this  act  see  paragraph  1483kkk,  post.) 

1294a.  Post  offices  at  military  posts. — Hereafter,  at  all  military 
posts  where  post  offices  have  been  established,  the  Secretary  of  War 
;h;i]]  assign  proper  and  suitable  room  or  rooms  for  post  office  pur- 
])oses.     Act  of  Aug.  1, 19U  {38  Stat  629) , 

ALCOHOLIC  LIQUORS.* 

i295a.  Regulation  of  sale^  etc.^  in  or  near  military  camps  or  to 
officers  and  enlisted  men. — The  President  of  the  United  States,  as 
Commander  in  Chief  of  the  Army,  is  authorized  to  make  such  regu- 
lations governing  the  prohibition  of  alcoholic  liquors  in  or  near  mili- 
tary camps  and  to  the  officers  and  enlisted  men  of  the  Army  as  he 
may  from  time  time  deem  necessary  or  advisable.^  Sec.  12,  Act  of 
May  18, 1917  {Jfi  Stat.  82) . 

^  Narcotics.— T\iQ  act  of  December  17,  1914,  Sections  1-12  (38  Stat.  785-790), 
provides  for  the  registration  of,  with  collectors  of  internal  revenue,  and  imposes 
a  special  tax  upon  all  persons  who  produce,  import,  manufacture,  compound, 
deal  in,  dispense,  sell,  distribute,  or  give  away  opium  or  coca  leaves,  their  salts, 
derivatives,  or  preparations  thereof  (cocaine,  morphine,  heroin,  codeine,  etc.)  ; 
makes  it  unlawful  for  any  person  not  registered  under  the  provisions  of  the  Act 
to  have  in  his  possession  or  under  his  control  any  of  the  drugs  mentioned  above ; 
and  imposes  a  fine  of  $2,000  or  imprisonment  for  five  years,  or  both,  upon  con- 
viction, for  a  violation  of  the  act. 

^  With  reference  to  a  recommendation  that  Tampa,  Fla.,  where  certain  troops 
were  assembled  preliminary  to  their  transfer  to  a  division  training  camp,  be 
declared  a  military  post  in  order  to  require  the  closing  of  all  saloons  during 
the  presence  of  the  soldiers  there. 

Held,  that  the  term  "military  camps,"  as  used  in  the  act  of  May  18,  1917, 
and  the  regulations  made  under  authority  thereof  governing  the  prohibition 
of  alcoholic  liquors  "  in  or  near  military  camps,"  had  reference  to  camps  estab- 
lished for  purposes  of  mobilization,  training,  embarkation,  etc.,  of  troops  and 
were  not  intended  to  apply  to  places  of  preliminary  assembly  such  as  that 
under  consideration.     (War  Dept.  Bull.  54,  Sept.  26,  1917.) 

Section  12  of  the  act  of  May  12,  1917,  and  the  regulations  thereunder,  pro- 
hibiting intoxicating  liquors  within  specified  distances  of  camps,  apply  to  mili- 
tary camps,  in  Porto  Rico  for  the  mobilization  and  training  of  drafted  men. 
(W^ar  Dept.  Bull.  67,  Nov.  30,  1917.) 

There  is  no  authority  under  section  12  of  the  draft  act  and  the  regulations 
of  the  President  thereunder  for  seizure  of  liquor  within  the  proscribed  zones 
nor  for  search  of  premises  therein  without  a  search  warrant.  The  regulations 
are  to  be  enforced  through  the  Department  of  Justice.  Cooperation  with  the 
Commissioner  of  Internal  Revenue  is  advised.     (Id.) 

The  Federal  laws  and  regulations  concerning  intoxicating  liquors  and  ba^wdy 
houses  witliin  proscribed  limits  of  camps  and  concerning  tlie  sale  of  intoxicants 
to  soldiers  in  uniform  should  be  strictly  enforced,  and  the  commanding  officers 
should  request  local  authorities  to  enforce  rigidly  and  vigorously  the  local 
statutes  and  regulations  as  to  intoxicants  and  vi€e  and  should  cooperate  with 
thcni  so  far  as  possible.     ( Id. ) 

The  word  camp  as  used  in  the  regulations  of  the  Pi'esident  issued  under 
section  12  of  the  draft  act  includes  not  only  the  space  actually  occupied  by  the 


272  MILITAKY   LAWS   OF   THE   UNITED   STATES^  1915. 

1295b.  Same — Sale  jyTohibited  at  amj  military  station^  camp^  fort, 
et€.^  except  for  medicinal  purposes. — No  person,  corporation,  partner- 
ship, or  association  shall  sell,  supply,  or  have  in  his  or  its  possession 
any  intoxicating  or  spirituous  liquors  at  any  military  station,  canton- 
ment, camp,  fort,  post,  officers'  or  enlisted  men's  club,  which  is  being 
used  at  the  time  for  military  purposes  under  this  Act,  but  the  Secre- 
tary of  War  may  make  regulations  permitting  the  sale  and  use  of  in- 
toxicating liquors  for  medicinal  purposes.    Id, 

1295c.  Same — Sale  of^  to  officers  or  enlisted  men  wkile  in  uni- 
form.— It  shall  be  unlawful  to  sell  any  intoxicating  liquor,  including 
beer,  ale,  or  wine,  to  any  officer  or  member  of  the  military  forces  while 
in  uniform,  except  as  herein  provided.     Id. 

1295d.  Same — Punishinent. — Any  person,  corporation,  jjartnership, 
or  association  violating  the  provisions  of  this  section  or  the  regula- 
tions made  thereunder  shall,  unless  otherwise  punishable  under  the 
Articles  of  War,  be  deemed  guilty  of  a  misdemeanor  and  be  punished 
by  a  fine  of  not  more  than  $1,000  or  imprisonment  for  not  more  than 
twelve  months,  or  both.    Id. 

(The  act  of  October  6,  1917  (40  Stat.  393),  provides  that  in  constrninj?  the 
provisions  of  the  above  section  the  word  "Army  "  shall  extend  to  and  include 
"  Navy  "  ;  the  word  "  military  "  shall  include  "  naval  "  ;  "Articles  of  War,"  shall 
include  "Articles  f?5r  the  Government  of  the  Navy,"  and  the  words  "  camps, 
station,  cantonment,  camp,  fort,  post,  officers'  or  enlisted  men's  club,"  shall 
include  such  places  under  naval  jurisdiction  as  the  President  may  prescribe, 
and  the  powers  therein  conferred  upon  the  Secretary  of  War  with  regard  to  the 
military  service  are,  by  the  last-named  act  conferred  upon  the  Secretary  of  the 
Navy  with  regard  to  the  naval  service.) 

tents  or  other  cover  in  which  the  soldiers  live  but  as  well  the  adjacent  territory 
habitually  used  by  the  encamped  forces  in  the  performance  of  their  military 
duties.  Within  the  proscribed  limits  of  such  camps  the  regulations  should  be 
rigidly  enforced,  and  no  suggestion  of  local  civil  authorities  to  the  contrary 
should  be  tolerated.     (Id.) 

Licenses  for  the  sale  of  intoxicating  liquors  granted  by  the  respective  States 
can  not  be  revoked  by  Federal  authority  for  violation  of  Federal  regulations. 
(Id.) 

The  expense  of  conducting  investigations  and  procuring  evidence  against 
bootleggers,  drug  users,  and  prostitutes  for  violations  of  the  regulations  under 
the  draft  act  can  not  be  paid  from  the  appropriation  for  "  Contingencies  of  the 
Army."  Such  expense  should  be  borne  by  the  Department  of  Justice.  (War 
Dept.  Bull.  72,  Dec.  24,  1917.) 

The  regulations  of  the  President  under  section  12  of  the  selective-draft  act 
prohibiting  intoxicating  liquors  within  prescribed  distances  of  military  camps 
do  not  apply  to  permanent  Regular  Army  posts.  The  regulations  of  the  Secre- 
tary of  War  under  section  13,  prohibiting  the  keeping  or  setting  u"p  houses  of 
ill  fame,  brothels,  or  bawdyhouses  within  prescribed  distances  of  military  camps 
do  apply  to  Regular  Army  posts.     (Id.) 

The  military  authorities  have  no  power  to  order  the  Military  Police  or  any 
other  part  of  the  Army,  as  such,  to  assist  the  civil  authorities  in  the  execution 
of  the  law,  except  when  called  upon  in  the  manner  provided  for  in  the  Constitu- 
tion of  the  United  States  and  the  acts  of  Congress.  (20  Stat.  152.)  This  is 
equally  true  within  as  well  as  w^ithout  the  five-mile  zones  around  military  camps 
prescribed  by  the  President,  within  which  is  forbidden  the  sale  of  alcoholic 
liquors  and  the  keeping  of  bawdy  houses.  The  foregoing  does  not  contemplate 
the  situation  where,  under  the  well-known  conditions,  military  power  may  by 
proper  authority  be  exercised  in  aid  of  the  Federal  civil  power.  (Dig.  Ops. 
J.  A.  G.,  March,  1918.) 


1915.  273 

1295e.  Suppression^  etc.^  of  house  of  ill  fame^  etc.^  near  military 
camps^  etc. — The  Secretary  of  War  is  hereby  authorized,  empowered, 
and  directed  during  the  present  war  to  do  everything  by  him  deemed 
necessary  to  suppress  and  prevent  the  keeping  or  setting  up  of 
houses  of  ill  fame,  brothels,  or  bawdy  houses  within  such  distance  as 
he  may  deem  needful  of  any  military  camp,  station,  fort,  post,  can- 
tonment, training,  or  mobilization  place.    Sec.  13,  id.,  83. 

1295f.  Same — Punishment  for  violation  of  regulations. — Any  per- 
son, corporation,  partnership,  or  association  receiving  or  permitting 
to  be  received  for  immoral  purposes  any  person  into  any  place,  struc- 
ture, or  building  used  for  the  purpose  of  lewdness,  assignation,  or 
prostitution  within  such  distance  of  said  places  as  may  be  designated, 
or  shall  permit  any  such  person  to  remain  for  immoral  purposes  in 
any  such  place,  structure,  or  building  as  aforesaid,  or  who  shall  vio- 
late any  order,  rule,  or  regulation  issued  to  carry  out  the  object  and 
purpose  of  this  section  shall,  unless  otherwise  punishable  under  the 
Articles  of  War,  be  deemed  guilty  of  a  misdemeanor  and  be  punished 
by  a  fine  of  not  more  than  $1,000,.  or  imprisonment  for  not  more  than 
twelve  months,  or  both.     Id. 

(The  act  of  October  6,  1917  (40  Stat.  393),  provi(fes  that  in  construing  the 
provisions  of  the  above  section  the  words  "  camp,  station,  fort,  post,  cantonment, 
training,  or  mobilization  place,"  shall  include  such  places  under  naval  jurisdic- 
tion as  the  President  may  prescribe,  and  the  powers  therein  conferred  upon  the 
Secretary  of  War  are,  by  the  last-named  act,  conferred  upon  the  Secretary  of 
the  Navy  with  regard  to  the  naval  service.) 

1315a.  Trespass  upon  or  injury  to  wAnes,  torpedoes,  fortifications, 
etc.,  or  violation  of  regulations  as  to  defensive  sea  areas. — Whoever 
shall  willfully  trespass  upon,  injure,  or  destroy  any  of  the  works  or 
property  or  material  of  any  submarine  mine  or  torpedo  or  fortifica- 
tion or  harbor-defense  system  owned  or  constructed  or  in  process  of 
construction  by  the  United  States,  or  shall  willfully  interfere  with 
the  operation  or  use  of  any  such  submarine  mine,  torpedo,  fortifica- 
tion, or  harbor-defense  system,  or  shall  knowingly,  willfully,  or  wan- 
tonly violate  any  duly  authorized  and  promulgated  order  or  regu- 
lation of  the  President  governing  persons  or  vessels  within  the  limits 
of  defensive  sea  areas,  which  defensive  !r:ea  areas  are  hereby  author- 
ized to  be  established  by  order  of  the  President  from  time  to  time 
as  may  be  necessary  in  his  discretion  for  purposes  of  national  de- 
fense, shall  be  punished  on  conviction  thereof  in  a  district  or  circuit 
court  of  appeals  (Jf  the  United  States  for  the  district  or  circuit  in 
which  the  offense  is  committed,  or  into  which  the  offender  is  first 
brought,  by  a  fine  of  not  more  than  $5,000,  or  by  imprisonment  for 
a  term  not  exceeding  five  years,  or  by  both,  in  the  discretion  of  the 
court.  Act  of  Mar.  Jf,  1917  (39  Stat,  1194),  amending  Sec,  44>  Orim- 
inalCode  {35  Stat.  1097). 
54208°— 18 18 


274  MILITAEY  LAWS  OP  THE  UNITED  STATES,  1915. 

1315b.  Same — Jurisdiction  of  offenses  committed  within  Canal 
Zone  or  defensive  sea  areas, — Offenses  hereunder  committed  witliia 
the  Canal  Zone  or  within  any  defensive  sea  areas  which  the  Presi- 
dent is  authorized  to  establish  by  said  section,  shall  be  cognizable 
in  the  District  Court  of  the  Canal  Zone,  and  jurisdiction  is  hereby 
conferred  upon,  said  court  to  hear  and  determine  all  such  cases  aris- 
ing under  said  section  and  to  impose  the  penalties  therein  provided 
for  the  violation  of  any  of  the  provisions  of  said  section.  Sec,  10^ 
Act  of  Id  ay  22^  1917  {J^O  Stat,  89)^  amending  sec.  H,  Criminal  Code 
(35  Stat.  1097), 

1315c.  Regulations  for  u^e  and  navigation  of  navigable  waters  to 
prevent  injury  from  Coast  Artillery  fire,  etc. — In  the  interest  of  the 
national  defense  and  for  the  better  protection  of  life  and  property 
on  said  waters,  the  Secretary  of  War  is  hereby  authorized  and  em- 
powered to  prescribe  such  regulations  as  he  may  deem  best  for  the 
use  and  navigation  of  any  portion  of  areas  of  the  navigable  waters 
of  the  United  States  or  waters  under  the  jurisdiction  of  the  United 
States  endangered  or  likely  to  be  endangered  by  Coast  Artillery  fire 
in  target  practice  or  otherwise,  or  by  the  proving  operations  of  the 
Government  ordnance  proving  ground  it  Sandy  Hook,  New  Jersey, 
or  at  any  Government  ordnance  proving  ground  that  may  be  estab- 
lished elsewhere  on  or  near  such  waters,  and  of  any  portion  or  area 
of  said  watei's  occupied  by  submarine  mines,  mine  fields,  submarine 
cables,  or  other  material  and  accessories  pertaining  to  seacoast  for- 
tifications; and  the  said  Secretary  of  War  shall  have  like  power  to 
regulate  the  transportation  of  explosives  upon  any  of  said  waters. 
Sec.  8,  Act  of  Aug.  8, 1917  (40  Stat.  266). 

1315d.  Same — Detail  of  vessels  to  enforce. — To  enforce  the  regula- 
tions prescribed  pursuant  to  this  section  the  Secretary  of  AVar  may 
detail  any  public  vessel  in  the  service  of  the  AVar  Department,  or, 
upon  the  request  of  the  Secretary  of  War,  the  head  of  any  other  de- 
partment may  enforce,  and  the  head  of  any  such  department  is 
hereby  authorized  to  enforce,  such  regulations  by  means  of  any  public 
vessel  of  such  department.    Id.,  267. 

1316a.  Offenses  within  admiralty,  maritime,  and  tcrritoAal  juris- 
diction of  the  United  States. — Tlie  crimes^  and  offenses  defined  in 
this  chapter  shall  be  punished  as  herein  prescribed : 

First.  When  committed  upon  the  high  seas,  or  on  any  other 
waters  within  the  admiralty  and  maritime  jurisdiction  of  the  United 
States  and  out  of  the  jurisdiction  of  any  particuhir  State,  or  when 
committed  within  the  admiralty  and  maritime  jurisdiction  of  the 
United  States  and  out  of  the  juripdction  of  any  particuhir  State  on 
board  any  vessel  belonging  in  whole  or  in  part  to  the  United  Stales 

*  Murder,  mauslaugliter,  rape,  robbery,  arson,  larceny,  etc 


MILITABY  LAWS  OP   THE  UNITED  STATES,  1915.  275 

or  any  citizen  thereof,  or  to  any  corporation  created  by  or  under  the 

laws  of  the  United  States,  or  of  any  State,  Territory,  or  District 

thereof. 

♦  *•**** 

Third.  WHien  committed  within  or  on  any  lands  reserved  or  ac- 
quired for  the  exclusive  use  of  the  United  States,  aad  under  the  ex- 
clusive jurisdiction  thereof,  or  any  place  purchased  or  otherwise 
acquired  by  the  United  States  by  consent  of  the  legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  a  fort,  magazine, 
arsenal,  dock-yard,  or  other  needful  building. 

Fourth.  On  any  island,  rock,  or  key,  containing  deposits  of  guano, 
which  may,  at  the  discretion  of  the  President,  be  considered  as 
appertaining  to  the  United  States.  Sec,  £72,  Act  of  Mar,  4,  1909, 
Criminal  Code  {35  Stat.  IIJ^^), 

1316b.  Laws  of  States  adopted  for  punishing  wrongful  acts,  etc, — 
"Whoever,  within  the  territorial  limits  of  any  State,  organized 
Territory,  or  District,  but  within  or  upon  any  of  the  places  now 
existing  or  hereafter  reserved  or  acquired,  described  in  section  two 
hundred  and  seventy-two  of  this  Act,  shall  do  or  omit  the  doing  of 
any  act  or  thing  which  is  not  made  penal  by  any  law  of  Congress, 
but  which  if  committed  or  omitted  within  the  jurisdiction  of  the 
State,  Territory,  or  District  in  which  such  place  is  situated,  by  the 
laws  thereof  now  in  force  would  be  penal,  shall  be  deemed  guilty 
of  a  like  offense  and  be  subject  to  a  like  punishment;  and  every  such 
State,  Territorial,  or  District  law  shall,  for  the  purposes  of  this 
section,  continue  in  force,  notwithstanding  any' subsequent  repeal  or 
amendment  thereof  by  any  such  State,  Territory,  or  District.    Sec, 

es9,  id.,  1145, 

ESPIONAGE. 

13171a.  National  defenses — Penalty  for  unlawfully  ohfaim'ng  in- 
formation as  to^  etc. — Whoever,  for  the  purpose  of  obtaining  infor- 
mation respecting  the  national  defenses  with  intent  or  reason 
to  believe  that  the  information  to  be  obtained  is  to  be  used  to  the 
injury  of  the  United  States,  or  to  the  advantage  of  any  foreign 
nation,  goes  upon,  entei^,  flies  over,  or  otherwise  obtains  informa- 
tion concerning  any  vessel,  aircraft,  work  of  defense,  navy  yard, 
naval  station,  submarine  base,  coaling  station,  fort,  battery,  torpedo 
station,  dockyard,  canal,  railroad,  arsenal,  camp,  factory,  mine,  tele- 
graph, telephone,  wireless,  or  signal  station,  building,  office,  or  other 
place  connected  with  the  national  defense,  owned  or  constructed,  or 
in  progress  of  construction  by  the  United  States  or  under  the  control 
of  the  United  States,  or  of  any  of  its  officers  or  agents,  or  within  the 
exclusive  jurisdiction  of  the  United  States,  or  any  place  in  which  any 
vessel,  aircraft,  arms,  munitions,  or  other  materials  or  instruments 


276  MILITARY   LAWS   OF    THE   UNITED  STATES,  1915. 

for  use  in  time  of  war  are  being  made,  prepared,  repaired,  or  stored, 
under  any  contract  or  agreement  with  the  United  States,  or  with 
any  person  on  behalf  of  the  United  States,  or  otherwise  on  behalf 
of  the  United  States,  or  any  prohibited  place  within  the  meaning  of 
section  six  of  this  title;  or  (b)  whoever  for  the  purpose  aforesaid, 
and  with  like  intent  or  reason  to  believe,  copies,  takes,  makes,  or 
obtains,  or  attempts,  or  induces  or  aids  another  to  copy,  take,  make, 
or  obtain,  any  sketch,  photograph,  photographic  negative,  blue 
print,  plan,  map,  model,  instrument,  appliance,  document,  writing, 
or  note  of  anything  connected  with  the  national  defense;  or  (c) 
whoever,  for  the  purpose  aforesaid,  receives  or  obtains  or  agrees  or 
attempts  or  induces  or  aids  another  to  receive  or  obtain  from  any 
person,  or  from  any  source  whatever,  any  document,  writing,  code 
book,  signal  book,  sketch,  photograph,  photographic  negative,  blue 
print,  plan,  map,  model,  instrument,  appliance,  or  note,  of  anything 
connected  with  the  national  defense,  knowing  or  having  reason  to 
believe,  at  the  time  he  receives  or  obtains,  or  agrees  or  attempts 
or  induces  or  aids  another  to  receive  or  obtain  it,  that  it  has  been  or 
will  be  obtained,  taken,  made  or  disposed  of  by  any  person  contrary 
to  the  provisions  of  this  title;  or  (d)  whoever,  lawfully  or  unlawfully 
having  possession  of,  access  to,  control  over,  or  being  intrusted  with 
any  document,  writing,  code  book,  signal  book,  sketch,  photograph, 
photographic  negative,  blue  print,  plan,  map,  model,  instrument, 
appliance,  or  note  relating  to  the  national  defense,  willfully  comnm- 
nicates  or  transmits  or  attempts  to  communicate  or  transmit  the 
same  to  any  person  not  entitled  to  receive  it,  or  willfully  retains  the 
same  and  fails  to  deliver  it  on  demand  to  the  officer  or  employee  of 
the  United  States  entitled  to  receive  it;  or  (e)  whoever,  being  in- 
trusted with  or  having  lawful  possession  or  control  of  any  document, 
writing,  code  book,  signal  book,  sketch,  photograph,  photographic 
negative,  blue  print,  plan,  map,  model,  note,  or  information,  relating 
to  the  national  defense,  through  gross  negligence  permits  the  same 
to  be  removed  from  its  proper  place  of  custody  or  delivered  to  anyone 
in  violation  of  his  trust,  or  to  be  lost,  stolen,  abstracted,  or  destroyed, 
shall  be  punished  by  a  fine  of  not  more  than  $10,000,  or  by  imprison- 
ment for  not  more  than  two  years,  or  both.  Title  /,  Sec.  i,  Act  of 
June  15,  1917  {JfO  Stat.  217). 

1317Jb.  Same — Punishment  for  communicating  such  information, 
etc.,  to  foreign  governments,  etc. — ^Whoever,  with  intent  or  reason 
to  believe  that  it  is  to  be  used  to  the  injury  of  the  United  States  or  to 
the  advantage  of  a  foreign  nation,  communicates,  delivers,  or  trans- 
mits, or  attempts  to,  or  aids  or  induces  another  to,  communicate,  de- 
liver, or  transmit,  to  any  foreign  government,  or  to  any  faction  or 
party  or  military  or  naval  force  within  a  foreign  country,  whHh'er 
recognized  or  unrecognized  by  the  United  States,  or  tp  any  repre- 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  277 

sentative,  officer,  agent,  employee,  subject,  or  citizen  thereof,  either 
directly  or  indirectly,  any  document,  writing,  code  book,  signal  book, 
sketch,  photograph,  photographic  negative,  blue  print,  plan,  map, 
model,  note,  instrument,  appliance,  or  information  relating  to  the 
national  defense,  shall  be  punished  by  imprisonment  for  not  more 
than  twenty  years.    Sec.  ^,  id.^  218,    . 

1317Jc.  Same — Punishment  for  comwAinicating .,  collecting^  etc.^  in- 
formation in  time  of  war. — Whoever  shall  violate  the  provisions  of 
subsection  (a)  of  this  section  in  time  of  war  shall  be  punished  by 
death  or  by  imprisonment  for  not  more  than  thirty  years;  and  (b) 
whoever,  in  time  of  war,  with  intent  that  the  same  shall  be  com- 
municated to  the  enemy,  shall  collect,  record,  publish,  or  communi- 
cate, or  attempt  to  elicit  any  information  with  respect  to  the  move- 
ment, numbers,  description,  condition,  or  disposition  of  any  of  the 
armed  forces,  ships,  aircraft,  or  war  materials  of  the  United  States, 
or  with  respect  to  the  plans  or  conduct,  or  supposed  plans  or  conduct 
of  any  naval  or  military  operations,  or  with  respect  to  any  works  or 
measures  undertaken  for  or  connected  with,  or  intended  for  the 
fortification  or  defense  of  any  place,  or  any  other  information  relat- 
ing to  the  public  defense,  which  might  be  useful  to  the  enemy,  shall 
be  punished  by  death  or  by  imprisonment  for  not  more  than  thirty 
years.     Id. 

1317id.  Same — Making^  etc.^  false  reports^  etc.^  with  intent  to  inter- 
fere loith  operations  of  military  forces  while  at  toar;  causing^  etc., 
insubordination^  disloyalty^  mutiny^  etc.;  obstructing  recruiting  or 
enlistment;  punishment. — Whoever,  when  the  United  States  is  at 
war,  shall  willfully  make  or  convey  false  reports  or  false  statements 
with  intent  to  interfere  with  the  operation  or  success  of  the  military 
or  naval  forces  of  the  United  States  or  to  promote  the  success  of  its 
enemies  and  whoever,  when  the  United  States  is  at  war,  shall  will- 
fully cause  or  attempt  to  cause  insubordination,  disloyalty,*  mutiny, 

'  In  all  cases  where  officers  and  soldiers  in  the  Army  of  the  United  States 
demonstrate  by  their  conduct  or  speech  disloyalty  to  the  Government  of  the 
United  States  and  sympathy  with  its  enemies  the  following  general  policy  is 
recommended. 

(o)  In  the  case  of  any  officer  or  soldier  who  has  by  his  speech  or  conduct 
demonstrated  an  attitude  or  committed  an  act  of  disloyalty,  it  is  recommended 
that  he  be  brought  to  trial  by  a  general  court-martial  as  promptly  as  possible 
whenever  the  necessary  data  can  be  obtained  as»a  basis  for  charges. 

(6)  If  suitable  data  for  such  charges  can  not  be  obtained,  it  is  recommended 
that  a  suspected  officer  be  dismissed  or  discharged,  under  the  authority  of  the 
particular  statute  which  may  apply  in  his  case,  and  that  a  suspected  enlisted 
man  be  discharged  from  the  service. 

(c)  If  any  such  officer  so  dismissed  or  discharged,  or  any  such  enlisted  man 
so  discharged,  from  the  service  be  found  to  be  an  alien  enemy  of  the  United 
States,  it  is  recommended  that  he  be  promptly  interned  for  the  period  of  the 
war,  and  if  he  be  a  citizen  of  the  United  States,  or  an  alien,  not  an  alien  enemy, 
that  he  be  promptly  reported  to  the  civil  authorities  for  surveillance  and  for 
BiK'h  action  as  may  be  found  possible  to  take  against  him  under  the  authority 
of  existing  law  or  of  any  statute  hereafter  enacted  by  Congress.  (Dig.  Opin. 
J.  A.  G.,  January,  1918.) 


278  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

or  refusal  of  duty,  in  the  military  or  naval  forces  of  the  United 
States,  or  shall  willfully  obstruct  the  recruiting  or  enlistment  serv- 
ice of  the  United  States,  to  the  injury  of  the  service  or  of  the  United 
States,  shall  be  punished  by  a  fine  of  not  more  than  $10,000  or  im- 
prisonment for  not  more  than  twenty  years,  or  both.     JSec.  3,  id.,  219, 

1317^6.  Conspiracy  to  violate  two  preceding  sections;  pim'sh- 
ment, — If  two  or  more  persons  conspire  to  violate  the  provisions 
of  sections  two  or  three  of  this  title,  and  one  or  more  of  such  per- 
sons does  any  act  to  effect  the  object  of  the  conspiracy,  each  of  the 
parties  to  such  conspiracy  shall  be  punished  as  in  said  sections  pro- 
vided in  the  case  of  the  doing  of  the  act  the  accomplishment  of  which 
is  the  object  of  such  conspiracy.    Sec.  ^,  id. 

\Z\l\i.  Punishment  for  other  conspiracies  committed  under  this 
title. — Except  as  above  provided  conspiracies  to  commit  offenses 
und  r  this  title  shall  be  punished  as  provided  by  section  thirty-seven* 
of  the  Act  to  codify,  revise,  and  amend  the  penal  laws  of  the  United 
States  approved  March  fourth,  nineteen  hundred  and  nine.    Id. 

1317ig.  Harboring  or  con/dealing  persons  violating  provisions  of 
title,  punishment.-r— Whoever  harbors  or  conceals  any  person  who  he 
knows,  or  has  reasonable  grounds  to  believe  or  suspect,  has  com- 
mitted, or  is  about  to  commit,  an  offense  under  this  title  shall  be  pun- 
ished by  a  fine  of  not  more  than  $10,000  or  by  imprisonment  for  not 
more  than  two  years,  or  both.    Sec.  5,  id. 

1317^h.  Designation  hy  proclamation  of  prohibited  places  under 
title. — The  President  in  time  of  war  or  in  case  of  national  emer- 
gency may  by  proclamation  designate  any  place  other  than  those 
set  forth  in  subsection  (a)  of  section  one  hereof  in  which  anything 
for  the  use  of  the  Army  or  Navy  is  being  prepared  or  constructed 
or  stored  as  a  prohibited  place  for  the  purposes  of  this  title:  Pro- 
vided, That  he  shall  determine  that  information  with  respect  thereto 
would  be  prejudicial  to  the  national  defense.    Sec.  6,  id. 

1317|i.  Jurisdiction  of  general  courts-martial,  etc.,  riot  limited  by 
title. — Nothing  contained  in  this  title  shall  be  deemed  to  limit  tha 
jurisdiction  of  the  general  courts-martial,  military  commissions,  or 
naval  courts-martial  under  sections  thirteen  hundred  and  forty-two, 
thirteen  hundred  and  forty-three,  and  sixteen  hundred  and  twenty- 
four  of  the  Revised  Statu tq^  as  amended.    Sec.  7,  id. 

1317:lj.  Places  subject  to  provisions  of  title. — The  provisions  of  this 
title  shall  extend  to  all  Territories,  possessions,  and  places  sub- 
ject to  the  jurisdiction  of  the  United  States  whether  or  not  con- 
tiguous thereto,  and  offenses  under  this  title  when  committed  upon 
the  high  seas  or  elsewhere  within  the  admiralty  and  maritime  juris- 

*35  Stat,  1Q96. 


MILITART  LAWS  OF   THK   UNITED  STATES,  1915.  279 

diction  of  the  United  States  and  outside  the  territorial  limits  thereof 
shall  be  punishable  hereunder.    Sec.  8,  id. 

1317|k.  Repeal  r)f  national  defense  secrets  Act  of  March  3^  1011. — 
The  Act  entitled  "An  Act  to  prevent  the  disclosure  of  national  de- 
fense secrets,"  approved  March  tliird,  nineteen  hundred  and  eleven, 
is  hereby  repealed.^    Sec.  9,  id, 

(For  ereneral  provisions  of  tkis  act  applicable  to  this  title  see  paragraphs 
147r)r-1475u.) 

1317^1.  Possession  or  control  of  property  or  papers  in  aid  of  foreign 
government  designed  or  intended.^  etc.,  for  violating  penal  statutes., 
treaty  rights  or  obligations  of  United  States^  or  rights.,  etc.,  under 
law  of  nations;  punishment. — AVhoever,  in  aid  of  any  foreign  Gov- 
ernment, shall  knowingly  and  willfully  have  possession  of  or  control 
over  any  property  or  papers  designed  or  intended  for  use  or  which 
is  used  as  the  means  of  violating  any  penal  statute,  or  any  of  ths 
rights  or  obligations  of  the  United  States  under  any  treaty  or  the 
law  of  nations,  shall  be  fined  not  more  than  $1,000  or  imprisoned 
not  more  than  two  years,  or  both.    Title  XI ^  Sec  22^  id.,  toO. 

(For  prece<linR  sf>ctlon  of  this  title  sec  paragraph  1449u,  and  for  the  ensuing 
section  see  parujjrapli  1449v.) 

* raittsraiilja  1317i,  1317i,  and  UUl  repealed. 


CHAPTER   XXXI. 


THE  MILITIA— TERRITORIAL  AND  DISTRICT  MILITIA. 


Par 

Word  •'  Territory  "  defined 1321a 

Composition  of 1322a 

Composition  of  the  National 
Guard _  1322b 

Provisions  of  act  applicable  to 
land  forces  only 1322c 

Same — Any  State  or  Territory 
maintaining  Naval  Militia  may 

•  have  credit  to  number  of  on  its 
quota 1322d 

Exemptions  from  militia  duty 
and  exemptions  as  combatants.  1323a 

Organization  of  National  Guard 
units 1325a 

Organization  of  Staff  Corps  and 
departments  to  correspond  to 
those  of  Regular  Army 1325ai 

Same — State  troops  in  time  of 
peace  must  conform  to  pre- 
scribed organization 1325b 

Right  of  States  and  Territories 
to  use  National  Guard  within 
their  borders  in  time  of  peace 
not  limited  by  act 1325c 

Organization  and  maintenance 
of  State  police  or  constabulary 
not  forbidden  by  act 1325d 

Minimum  and  maximum  num- 
ber of  enlisted  men  for  each 
Senator  and  Representative 1325e 

President  may  fix  maximum 
number  in  States  having  but 
one  representative 1325f 

Any  State  or  Territory  may  or- 
ganize maximum  number  in 
less  time  than  act  specifies 1325g 

Any  State  with  but  one  Repre- 
sentative may  organize  one  or 
more  regiments,  etc 1325h 

Organization  into  divisions,  bri- 
gades,    and     other     tactical  ' 
units  to  assist  in  instruction 
and  training 13251 


Tar. 

Same — Commanding  officers  of 
complete  units  organized  with- 
in a  State  or  Territory  not  to 
be  displaced 1325j 

Detail  of  oflicer  of  Regular 
Army  as  chief  of  staff  of  any 
division  in  service  of  United 
States 13251i 

Same — Detail  of  regular  oflScer 
as  chief  of  staff  of  each  tacti- 
cal division  to  insure  prompt 
mobilization  in  time  of  war, 
etc 13251 

Location  of  units  and  head- 
quarters to  be  determined  by 
States  and  Territories 1325m 

Same — Units  not  to  be  dis- 
banded or  reduced  below 
minimum  strength  without 
consent  of  President 1325ii 

National  Guard  Reserve.  1325o-1325u 

Composition  of 1325o 

Same — Pay  and  allowances  of, 
while  training  with  active 
National  Guard 1325p 

Same — ^Appropriation  for  Na- 
tional Guard  purposes  not 
available  for 1325q 

Same — Organization  of  reserve 
battalions  in  time  of  war 1325r 

Same — Organization  of  provi- 
sional regiments  and  higher 
units 1325s 

Same  —  Drafting  unorganized 
militia  into  service  of  United 
States  to  maintain  reserve 
battalions  at  proper  strength„    1325t 

Same — Vacancies  in  organiza- 
tions in  service  to  be  filled 
from  reserve  battalions,  etC-_  1325u 

President  to  malie  necessary 
rules  and  regulations  for  or- 
ganizing and  disciplining 1325v 

281 


282 


MILITAKY  LAWS  OF   THE   UNITED  STATES,  1»15. 


Par. 

Ancient  privileges  of  certain  or- 
ganizations may  be  retained.  1327a 

Same — Form  a  part  of  National 
Guanl,  and  shall  conform  to 
^ts  organization,  etc.,  in  time 
of  war 1327b 

Si  me — Assignment  to  higher 
units  for  training  and  when 
on  active  duty 1327c 

Joint  encampments,  maneuvers, 
etc.,  with  Regular  Army 1328a 

Same — Command,  where  organi- 
zations of  Regular  Army  and 
of  National  Guard  participate 
in  joint  maneuvers,  etc 1328b 

Details  of  Regular  Army  officers 
and  enlisted  men  as  instruc- 
tors at  encampments  and  ma- 
neuvers     1328c 

Appropriation  for  National 
Guard  encampjnents,  maneu- 
vers,  etc ]328d 

Same — Training  of  National 
Guard,  camps,  etc 1328di 

Reduced  rates  of  transportation 
for  niembers  of  National  Guard 
attending  joint  maneuvers 132Se 

Joint  encampments  with  Regu- 
lar Army  may  be  held  by  mili- 
tia when  impracticable  to  ob- 
tain presence  of  Regular 
troops 1328f 

Pay  for  participation  in  en- 
campments, maneuvers,  etc^ 
beginning  of 1330a 

Pay  of  officers  and  enlisted 
men  not  in  service  of  United 
States 1330b-1330m 

Schedules  of  pay  for  second 
lieutenants  to  captains;  offi- 
cers of  higher  rank  to  receive 
pay  of  captain 1330b 

Same — Secretary  of  War  to 
prescribe  regulations  as  to 
amount  and  character  of 
service  to  be  remlered  to  en- 
title to  maximum  pay 1330c 

Same — Pay  of  staff  officers, 
aids-de-camp,  chaplains,  etc 1330d 

Pay  of  enlisted  men  on  active 
list 1330e 


Par. 

Same — Full  compensation  only 
In  case  of  attendance  upon 
maximum  number  of  drills 
annually 1330f 

Same — Compensation    computed 
semiannually     beginning    the    . 
1st  day  of  January  and  July 
of  each  year 1330g 

Same — Compensation  for  por- 
tion of  semiannual  period  on 
enlistment  or  expiration  dur- 
ing   1330h 

Same — Acceptance  of  equivalent 
periods  of  military  duty  in 
lieu  of  drills 18301 

Same  —  Disbursements  to  be 
made  by  officers  of  Quarter- 
master Corps 1330J 

Same — Stoppages  to  cover  cost 
of  public  property  lost  or  de- 
stroyed by  officers  or  enlisted 
men lS30k 

Same — Withholding  payment  for 
failure  to  comply  with  law  as 
to  age  limit,  staff  organiza- 
tion, appointment  of  officers 
to  nil   vacancies,  etc 18301 

Same — Time  limit  within  which 
such  withholding  becomes  op- 
erative in  any  Stiite  or  Terri- 
tory   1330m 

Leaves  of  absence  for  Govern- 
ment employees 1331a 

Leaves  of  absence  for  Govern- 
ment employees  while  en- 
gage<l   In   training 1331b 

Discipline,  Including  training,  to 
conform  to  system  prescribed 
for  Regular  Army 1331c 

Same — Drill,  instructions,  and 
training,  character  and 
amount  required  annually 1331d 

Same — Credit  for  assembly  drill 
or  indoor  target  practice, 
duration  of  and  minimum 
number  to  participate  in,  etc_  1331e 

Secretary  of  Wnr  may  provide 
instruction  camps  to  be  con- 
ducted by  officers  of  Regular 
Army 1331f 

Appropriation  for  National 
Guard  camps  of  instruction,-  1331g 


MILITAET  LAWS  OF  THB  UNITED  STATES,  1915. 


283 


Par. 

Snme 1331gl 

Transportation  of  teams  to  par- 
ticipate in  national  matches, 
selection  of  and  allotment  for_  1331h 

Detail  of  sergeants  with  the 
National  Guard  and  with 
disciplinary  orj^fanizations  at 
U.  S.  Disciplinary  Barracks..  1332a 

Detail  of  officers  and  enlisted 
men  of  Regular  Army  for  duty 
with ;  officers  may  accept 
commissions  in  without  vacat- 
ing their  Regular  Army  com- 
missions   1332b 

Temporary  vacancies  in  Regu- 
lar Army  due  to  details  in  ia 
time  of  war 1332c 

Same — Vacancies  In  staflt  corps 
and  departments  to  be  filled 
by  temporary  details 1332d 

Same — Temporary  appointments 
and  promotions  to  be  made  by 
tlie  Pr^ident  and  confirmed 
by  the  Senate 1332e 

Snme — Officers  temporarily  pro- 
moted not  to  vacate  their  per- 
manent commissions,  etc 1332f 

Inspector-instructors      to      use 

State  armories  for  offices 1333a 

Inspector-instructors  limited  to 
actual  expenses  when  travel- 
ing   1333b 

Officers  and  enliste<l  men  at- 
tending United  States  mili- 
tary schools 1334a 

Same — Pay  and  allowances  in 
no  case  to  exceed  those  of  a 
captain 1334b 

Approprintion  for  officers  and 
enlisted  men  of  National 
Guard  attending  Army  serv- 
ice schools,  etc^ 1334c 

Same 1334d 

Adjutants  general  of  States, 
duties  of 1335a 

Adjutants  general  of  Territories 
and  District  of  Columbia,  ap- 
pointment of 1335b 

National  Militia  Board 
abolished;  Militia  Division 
Changed  to  Militia  Bui-eau__  1337a 


Par. 

Two  officers  of  National  Guard 
may  \ye  assigned  to  duty  as 
assistants  to  Chief  of  Militia 
Bureau  ;  rank  and  pny  of 1337b 

Use  of  armed  land  forces  of 
United  States 1339ii-1342a 

Drafted  into  service  of  United 

States 1330a 

Same — Organization  of;  subject 
to  rules  and  articles  of  war; 
discharged  from  militia 1339b 

Same — Appointment  of  commis- 
sioned officers 1339c 

Same — Pay  and  allowances  of 
officers  and  enlisted  men 1330d 

Same — Pensions 1339e 

I'hysical  examination  of  officers 
and  enlisted  men  on  being 
called  into  service  of  United 
States 1339f 

S  a  m  e — Physical     examination 

prior  to  nmster  out 1339g 

Congress  declares  emergency  to 
exist  and  authorizes  drafting 
of  the  National  Guard,  the 
Organized  Militia,  and  Organ- 
ized Rlllitia  Reserve 1339h 

Same — Persons  so  drafte<l  to 
stand  discharged  from  militia 
during  period  of  their  service.  13391 

Same — Pensions 1339J 

Same — Organization  of  drafted 
units  and  appointment  of  of- 
ficers for  same 1339k 

Same — Vacancies  in  Regular 
Army  caused  by  appointment 
of  officers  to  positions  In 
drafted  forces,  filling  of 13391 

Same — Rank  and  command,  of- 
ficers of  same  grade 1339m 

Same — Rank  and  precedence  of 
officers  of  Regular  Army  hold- 
ing commissions  in  drafted 
forces 133911 

Officei's  and  enlisted  men  of 
National  Guard  and  Medical 
Reserve  Corps  who  are  Gor- 
ernment  employees  and  re- 
sponded to  the  call  to  be  re- 
stored to  their  po'^itions  at 
explnition  of  their  military 
service 1339o 


284 


MILITARY  LAWS   OF   THE  UNITED  STATES,  1915. 


Par. 

Draft,  organize,  and  officer  Na- 
tional Guard  and  National 
Guard  Reserves 1339p 

State  designations  of  organiza- 
tions to  be  retained 1339q 

Subject  to  rules  and  articles  of 
war  when  called  into  service 
of  the  United  States 1342a 

Courts-martial 1343a-1343h 

System  of  courts-martial  for 
when  not  in  service  of  United 
States 1343a 

Same — Convening  authority  and 
jurisdiction  of  general  courts- 
martial 1343b 

Same — Convening  authority  and 
jurisdiction  of  special  courts- 
martial 1343c 

Same — Convening  authority  and 
jurisdiction  of  summary 
courts 1343d 

Same — All  courts-martial  may 
Impose  confinement  in  lieu  of 
authorized  fines 1343e 

Same— Approval  of  sentence  of 
dismissal  or  dishonorable  dis- 
charge   1343f 

Same — President  of  courts- 
martial  and  summary  court 
oflUcers  empowered  to  issue 
warrants  for  arrest  of  ac- 
cused, and  other  necessary 
process 1843g 

Same — All  processes  and  sen- 
tences of  courts  to  be  executed 
by  prescribed  civil  ofiicers 1343h 

Enlistment 1344a-1344e 

Period  of 1344a 

Same — May  be  active  during 
entire  enlistment  period,  with 
right  to  reenlist 1344b 

Federal  enlistment  contract  and 
oath 1344c 

Same — Applies  to  all  subsequent 
enlistments 1344d 

Discharge,  form  of;  may  be  is- 
sued in  time  of  peace  before 
expiration  of  term  of  enlist- 
ment    1344e 

Officers 1344f-13441 

Regularly  commissioned  officers 
to  continue  in  office  without 
issuance  of  new  commissions-  1344f 


Par. 

Same — Federal  oath  to  be  taken 
by 1344g 

Classes  from  which  commis- 
sioned officers  may  be  selected 
for  appointment 1344h 

Same — Examination  to  deter- 
mine physical,  moral,  and  pro- 
fessional fitness  for  appoint- 
ment    13441 

Filling  vacancies  in  organiza- 
tions which  have  been  drafted 
into  Federal  Service 1344j 

Discharge  of  officers  on  ap- 
proved findings  of  efficiency 
board,  etc 13441c 

Transfer  of  officers  to  National 
Guard  Reserve  on  their  appli- 
cation or  when  rendered  sur- 
plus by  disbandment  of  their 
organizations 13441 

Support  of  dependent  families.  1347a- 

1347e 

Applies  to  families  of  members 
of  Organized  Militia,  National 
Guard,  and  Regular  Army 1347a 

Same — Action  of  Secretary  of 
War  to  be  final  in  all  cases—  1347b 

Same — Not  applicable  where 
soldier  marries  after  certain 
date;  family  defined 1347c 

Same — Amendment  of  provision 
so  as  to  cover  enlistments 
made  before  and  after  call  of 
the  President,  etc 1347d 

Same — Appropriation  for  con- 
tinuation of,  under  same  con- 
ditions as  original  appropria- 
tion    1347c 

Support  of  dependent  families, 
time  limit  for  filing  applica- 
tion for 1347f 

Men  enlisted  to  bring  organiza- 
tions up  to  minimum  entitled 
to  pay  from  date  of  enlist- 
ment to  date  of  muster  in  or 
rejection 1349a 

Transportation  to  their  homes 
of  members  of  National 
Guard  who  have  been  dis- 
charged because  of  dependent 
families -  1349b 


MILITAKY  LAWS   OP  THE  UNITED  STATES,  1915. 


285 


Tar. 

Permanent  annual  appropria- 
tion    1351a 

Same  —  Apportionment  among 
States  and  Territories 1351b 

Same — Allotments  available,  for 
what  purposes 1351c 

Same — Appointment  and  duties 
of  property  and  disbursing 
officer  in  connection  with 1351d 

Same — Expenses  of,  while  trav- 
eling on  official  duty 1351e 

Same — Annual  inspection  of 
property  and  accounts  by  an 
inspector  general^f  the  Army_  1351f 

Secretary  of  War  to  make  nec- 
essary rules  and  regulations 
for  enforcing  foregoing  pro- 
visions    1351g 

Noncompliance  with  this  act  by 
any  State  or  Territory  debars 
it  from  pecuniary  benefit,  etc_  1351h 

Purchase  from  War  Department 
of  articles  issued  by  its  supply 
departments  to  Army 1354a 

Same — ^Purchase  of  stores,  sup- 
plies, material  of  war,  and 
military   publications 1354b 

Secretary  of  War  to  submit  an- 
nual estimates  of  amount  nec- 
essary for 1355a 

Appropriation  for  arms,  equip- 
ment, stores,  supplies,  etc., 
and  such  other  expenses  as 
may  be  authorized  by  law —  1355b 

Appropriation  for  arms,  uni- 
forms, equipment,  etc.,  for  Na- 
tional Guard 1355c 

Same — Available  for  material 
and  equipment  for  instruction 
of  members  of  National 
Guard  at  Aviation  School 1355d 

A.11  money  appropriated  for 
arming,  equipping,  and  train- 
ing the  National  Guard  to 
constitute  one  fund 1355e 

Unexpended  balances  appropri- 
ated and  allotted  under  sec- 
tion 1661,  Revised  Statutes..  1355f 

Annual  inspection  by  an  inspec- 
tor general  as  to  property,  or- 
ganization, personnel,  equip- 
ment, etc . 1356a 


Par. 

Same — Report  to  serve  as  basis 
for  issue  and  retention  of  mil- 
itary property,  and  for  deter- 
mining what  organizations, 
etc.,  constitute  part  of  Na- 
tional Guard 1356b 

Inspector  of  small-arms  prac- 
tice. National  Guard,  etc.,  in 
Federal  service 1357a 

Cost  of  ordnance  issued  to  mili- 
tia to  be  credited  to  appro- 
priation    1358a 

Supply  of  arms  and  equipment-  1358b 

Same — Care  and  protection  of_  1358c 

New  property  issued  to  replace 
obsolete  or  condemned  prior 
issues 1359a 

Disposition  and  replacement  of 
damaged  or  destroyed  prop- 
erty    1359b 

Same — Penalty  on  failure  of 
State  or  Territory  to  pay  for 
lost  or  damaged  property 
charged  against  it 1359c 

Same — Disposition  of  proceeds 
of  sales  of  condemned  stores 
not  charged  to  State  allot- 
ments   1 1359d 

Removal  of  accountability  for 
issued  property  lost  or  de- 
stroyed prior  to  December 
31,  1911 1 1359e 

Arms,  equipment,  and  uniform 
to  be  same  as  for  Regular 
Army 1361a 

Supplying  and  exchanging  in- 
fantry equipment,  National 
Guard  1361b 

Same — To  remain  the  property 
of  United  States  and  be  an- 
nually accounted  for 1361c 

Supplying  and  exchanging  in- 
fantry equipment,  National 
Guard 1361d 

Issue  of  arms  and  ammunition 
to  States,  Territories,  and 
District  of  Columbia  for 
equipment  of  home  guard 1361e 

Same — Use  of  rifle  ranges  ex- 
tended to 1361f 

Field  Artillery,  Organized  Mili- 
tia, horses  for,  care  of  same, 
etc 1364a 


286 


MILITAEY  LAWS  OF  THE   UNITED  STATES,  1915. 


Par. 

Same — Horses  to  conform  to 
standards  for  Regrular  Army 
and  remain  property  of  United 
States,  etc 1364b 

Same — Secretary  of  War  may 
issue  condemned  Army  horses 
to 1364c 

Field  Artillery  material  for  Or- 
ganized Militia,  accountabil- 
ity for 1364d 

Same 1364e 

Field  Artillery  material  for  the 

National  Guard 1364f 

Field  Artillery  ammunition  for 

the  Organized  Militia 1364g 

Ammunition  for  Field  Artillery 

for  the  National  Guard 1364h 

Funds  allotted  arailable  for 
purchase  of  horses  for  Field 
Artillery  and  Cavalry 13641 

Same — Number  to  be  issued  to 
battery  or  troop,  or  issuance 
of  condemned  Army  horses  in 
lieu  of  purchase 1364J 


Par. 

Same — Forage,  bedding,  shoe- 
ing, and  care  of,  etc 1364k 

Same — Not  to  exceed  five  en- 
listed men  for  each  battery 
or  troop  to  be  detailed  for 
care  of 13641 

Horses  for  Field  Artillery,  Cav- 
alry, and  other  mounted  units 
of  National  Guard 1364m 

Compensation  for  care  of  mate- 
rial, animals,  and  equip- 
ment    1364n 

Transfer  of  horses  and  pack 
mules  to  National  Guard  or- 
ganizations  13640 

Supj)lying  new  types  of  small 
arms  or  field  guns 1365a 

Stores,  supplies,  and  material 
of  war  purchased  by  States 
and  Territories  may,  in  time 
of  war,  be  requisitioned  by 
United  States 1366a 

Militia,  Coast  Artillery,  equip- 
ment of  armories 1367a 

District  of  Ccjiumbia,  lease  of 
armory,  etc.,  for 1372a 


NATIONAL  GUARD. 

1321a.  Word  Territory  defined. — The  word  Territory  as  used  in 
this  Act  and  in  all  laws  relating  to  the  land  militia  and  National 
Guard  shall  include  and  apply  to  Hawaii,  Alaska,  Porto  Rico,  and 
the  Canal  Zone,  and  the  militia  of  the  Canal  Zone  shall  be  organized 
under  such  rules  and  regulations,  not  in  conflict  with  the  provisions 
of  this  Act,  as  the  President  may  prescribe.  Sec.  02,  Act  of  June  S, 
1916  {30  Stat.  IDS). 

(For  the  provisions  of  th?s  section  preceding  this  paragraph  see  pnragraphs 
1325e,  1325f,  1325g,  and  1325h ;  see,  also,  paragraphs  1376  and  1377.) 

1322a.  Composition  of. — The  militia  of  the  United  States  shall 
consist  of  all  able-bodied  male  citizens  of  the  United  States  and  all 
other  able-bodied  males  who  have  or  shall  have  declared  their  inten- 
tion to  become  citizens  of  the  United  States,  who  shall  be  more  than 
eighteen  years  of  age  and,  except  as  hereinafter  provided,  not  more 
than  forty-five  years  of  age,  and  said  militia  shall  be  divided  into 
three  classes,  the  National  Guard,  the  Naval  Militia,  and  the  Unor- 
ganized Militia.     Sec.  67,  id.  197. 

1322b.  Composition  of  the  National  Guard. — The  National  Guard 
shall  consist  of  the  regularly  enlisted  militia  between  the  ages  of 
eighteen  and  forty-five  years  organized,  armed,  and  equipped  as  here- 


MILITARY   LAWS  OP  THE  UNITED  STATES,  1915.  287 

inafter  provided,  and  of  commissioned  officers  between  the  ages  of 
twenty-one  and  sixty-four  years.^     Sec.  58  id. 

1322c.  Provisions  of  Act  appllcahle  to  land  forces  only. — The  pro- 
visions of  this  Act  in  respect  to  the  militia  shall  be  applicable  only 
to  militia  organized  as  a  land  force  and  not  to  the  Naval  Militia, 
which  shall  consist  of  such  part  of  the  militia  as  may  be  prescribed 
by  the  President  for  each  State,  Territory,  or  District.  Sec.  117^  id. 
212. 

1322d.  Same — Any  State  or  Territory  maintaining  N-aval  Militia 
may  have  ci^edit  to  numJ)er  of  on  its  quota. — Each  State,  Territory, 
or  District  maintaining  a  Naval  Militia  as  h:  rein  prescribed  may  be 
credited  to  the  extent  of  the  number  thereof  in  the  quota  that  would 
otherwise  be  required  by  section  sixty-two  of  this  Act.    Id. 

1323a.  Exemptions  from  militia  duty.,  and  exe7nptioji  as  com- 
hatants. — The  Vice  President  of  the  United  States;  the  officers,  judi- 
cial and  executive,  of  the  Government  of  the  United  States  and  of 
the  several  States  and  Territories;  p  rsons  in  the  military  or  naval 
service  of  the  United  States;  customhouse  clerks;  persons  employed 

*  11(*U1,  th.Mt  tills  provision  is  controlling;  and  limits  the  ajres  for  qualific.-itioa 
ns  therein  specified,  and  that  the  provisions  in  section  27  relating;  to  the  a;:es  for 
enlistment  or  muster  in  have  no  aijplication  to  the  National  Guard.  (Wiir 
Dept.  Bull.  28.  Aujr.  18,  191G  ) 

Hnckenherj;.  a  native  of  Austria,  v^-ho  came  to  the  United  States  in  .Tune.  1014, 
enlisted  in  June,  1015,  In  the  National  Guard  of  Ohio,  <leclarinj:  Irmself  to  he 
21  years  of  aj?fe.  On  .Tiily  2,  191G.  he  took  the  Federal  eidistment  oath  pre- 
s<rihed  hy  section  TO  of  the  national-defense  act,  after  his  company  and  re;xi- 
nierit  ha<l  responded  to  the  mohilization  order  of  the  President  for  service  on 
the  Mexican  horder.  lie  was  mustered  out  of  the  Fetleral  .service  on  March  2, 
1017.  On  .July  10.  1917.  he  was  called  into  Fetleral  service,  pursuant  to  the 
se<'ond  parajrraph  of  the  selective  draft  act  of  May  18.  1017.  and  reporte<l  for 
duty.  On  July  30  lie  was  place<l  under  arrest,  and  on  Aujrust  3  the  charjre  of 
viohitinj;  the  f.fty-fourth  article  of  war  hy  fraudulently  enlisting  was  placed 
Ofrainst  him.  Huckenberp:  was  18  years  of  age  when  he  enlisted;  his  \*dowed 
mother,  who  was  in  Austria  at  the  time,  knew  nothing  thereof,  and  Is 
dependent  upon  him  for  support.  On  his  behalf  one  Dostal  made  application 
for  a  writ  of  habeas  corpus.  Respondent's  answer  and  tb.e  testimony  given  at 
the  heai-ing  developed  the  above  facts.  The  court,  in  dismissing  the  petition, 
held  as  shown  in  the  following  headnotes: 

"As  national-defense  act,  June  3.  1010.  permits  the  enlisting  of  a  minor  over 
the  age  of  18  without  the  written  consent  of  his  parent  or  guardian,  where  one 
over  18  and  under  21,  who  had  enlisted  i^'ior  to  the  pa.ssage  of  that  act.  sub- 
sequently took  the  Federal  enlistment  oatJi  prescribeil  by  .section  70  thereof,  tlie 
defects  in  his  original  enlistment  were  innnaterial.  and  any  right  of  the  parent 
or  guardian  to  reclaim  bis  custody  or  control  was  extinguishe<l. 

"An  alien,  ofCering  to  enlist  and  acceptc^l  as  a  .soldier,  can  not  avoid  his  con- 
tract of  enlistment,  and  thereby  escape  liability  for  service  or  to  punishnient, 
especi.iliy  as  Com[)iled  Stjitufes,  lOlC,  section  1888,  providing  that  no  person 
who  is  not  H  citizen,  or  who  has  not  made  a  legal  (le<*laration  t>f  his  intention  to 
become  a  citizen,  shall  be  enlisted  for  a  first  enlistment,  is  limited  to  enlistments 
In  time  of  peace. 

"There  Is  nothing  in  the  treaty  between  the  United  States  and  the  Govern- 
ment of  Austro-Hungary  invalidating  an  enlistment  by  a  native  of  Austria. 

"National-defense  a<t.  secti.ai  58  (Comp.  St.  lOT.i.  sec.  3044),  provides  that 
the  Natiotuil  Guard  shall  consist  of  the  regularly  enlisted  militia,  etc.  Section 
70  provides  that  enliste<l  men  in  the  National  Guard,  who.se  enlistment  contracts 
contain  an  obligation  to  defend  the  Con.stitution  of  the  United  States  and  obey 
tlie  onlers  of  the  President,  shall  be  recognized  as  members  thereof,  and  that 


288  MILITABY  LAWS  OF   THE  UNITED  STATES,  1915. 

by  the  United  States  in  the  transmission  of  the  mail ;  artificers  and 
Avorkmen  employed  in  the  armories,  arsenals,  and  navy  j^ards  of  the 
United  States;  pilots;  mariners  actually  employed  in  the  sea  service 
of  any  citizen  or  merchant  within  the  United  States,  shall  be  exempt 
from  militia  duty  without  regard  to  age,  and  all  persons  who  be- 
cause of  religious  belief  shall  claim  exemption  from  military  serv- 
ice, if  the  conscientious  holding  of  such  belief  by  such  person  shall 
be  established  under  such  regulations  as  the  President  shall  pre- 
Fcribe,  shall  be  exempted  from  militia  service  in  a  combatant  ca- 
pacity; but  no  person  so  exempted  shall  be  exempt  from  militia 
service  in  any  capacity  that  the  President  shall  declare  to  be  non- 
combatant.^    Sec,  69,  id.  197. 

(See  par.  1324  for  prior  law  exempting  religious  sects  or  organizations.) 
1325a.  Organization  of  National  Guard  units. — Except  as  other- 
wise specifically  provided  herein,  the  organization  of  the  National 
Guard,  including  the  composition  of  all  units  thereof,  shall  be  the 
same  as  that  which  is  or  may  hereafter  be  prescribed  for  the  Regular 
Army,  subject  in  time  of  peace  to  such  general  exceptions  as  may  be 

others  shall  not  be  so  recognized  until  they  have  signed  the  enlistment  contract 
and  taken  the  oath  therein  provided.  Section  111  (Comp.  St.  1916,  sec.  3045) 
and  selective-draft  law,  May  18,  1917,  authorize  the  President  to  draft  all  mem- 
bers of  the  National  Guard  into  the  military  service  of  the  United  States.  Held, 
that  an  order  of  the  President,  calling  a  company  and  regiment  of  the  National 
Guard  Into  the  Federal  service,  made  a  member  of  such  company  and  regiment, 
whose  original  enlistment  contract  contained  the  obligation  prescribed  by  section 
70.  and  who,  when  previously  called  into  the  Federal  service,  had  taken  the 
additional  oath  prescribed  by  that  section,  a  soldier  of  the  United  States  Army 
subject  to  military  trial  or  punishment,  though  he  had  not  consented  to  be  mus- 
tered into  the  military  forces  of  the  United  States  under  such  order. 

"  Where  a  minor  enlists  without  the  written  consent  of  his  parent  or  guard- 
ian an  application  by  his  parent  or  guardian  for  his  release  must  be  made  with 
reasonable  diligence  after  acquiring  knowledge  of  the  enlistment,  and  before  an 
offens?  has  been  committed  by  the  minor,  and  after  an  offense  has  been  com- 
mitted, and  especially  after  he  has  been  placed  under  arrest  and  charges  h-.ive 
been  preferred  against  him,  it  is  too  late  for  the  parent  or  guardian  to  oust  the 
jurisdiction  of  the  military  authorities  by  an  application  for  a  writ  of  habeas 
corpus. 

"  That  an  enlisted  soldier  has  a  mother,  of  whom  he  is  the  only  support, 
does  not  make  void  his  contract  of  enlistment. 

"  One  who  enlisted  in  the  National  Guard,  was  accepted,  took  the  prescribed 
oath,  and  later  took  the  Federal  enlistment  oath,  as  prescribed  by  national- 
defense  act,  June  3,  1916,  chapter  134,  section  70,  Thirty-ninth  Statutes,  201 
(Comp.  St.  1916,  sec.  30441),  and  received  pay  and  clothing  over  a  long  period 
from  State  and  Nation,  is  a  soldier,  subject  to  the  jurisdiction  of  a  military 
tribunal  for  any  olfense  committed  against  military  law,  though  he  was  under 
21  when  he  enlisted,  and  enlisted  without  the  written  consent  of  his  parent 
or  guardian,  and  though  he  was  an  alien,  who  had  not  made  the  declaration  of 
his  intention  to  become  a  citizen,  and  though  he  had  a  mother  dependent  upon 
him  for  support. 

*'  If  a  military  tribunal  has  jurisdiction  to  try  a  person  charged  with  an 
offense  against  military  law,  the  civil  courts  can  not  interfere  by  writ  of  habeas 
corpus."  (Ex  parte  Dostal  (Dist.  Ct.  N.  D.  Ohio  Aug.  15,  1917),  249  Fed.  Rep. 
6C4,  War  Dept.  Bull.  67,  Nov.  30,  1917.) 

'Held,  that  the  exemptions  are  personal  and  may  be  waived,  and  that  a  per- 
son who  waives  his  exemption  by  enlisting  in  the  National  Guard  can  not 
thereafter  during  the  enlistment  avail  himself  of  it.  (War  Dept.  Bull.  28, 
Aug.  18,  1916.) 


MILITARY  LAWS   OF   THE   UNITED  STATES,  1915.  289 

authorized  by  the  Secretary  of  War.  And  the  President  may  pre- 
scribe the  particular  unit  or  units,  as  to  branch  or  arm  of  service,  to 
be  maintained  in  each  State,  Territory,  or  the  District  of  Columbia 
in  order  to  secure  a  force  which,  when  combined,  shall  form  complete 
higher  tactical  units.^    Sec,  60^  id. 

See  paragraph  1326.) 

1325aJ.  Organization  of  Staff  Corps  and  Departments  to  corre- 
spond to  those  of  Regular  Army. — The  National  Guard  of  any  State, 
Territory,  or  the  District  of  Columbia,  shall  include  such  officers  and 

^  Held,  that  while  the  Aviation  Section  of  the  Signal  Corps,  provided  for 
in  section  16  of  the  national-defense  act,  is  prescribed  for  the  Regular  Army 
only,  and  officers  and  enlisted  men  of  the  National  Guard  are  not  eligible  for 
detail  to  fill  places  therein,  and  while  there  is  no  corresponding  Signal  Corps 
or  Aviation  Section  prescribed  for  the  National  Guard,  there  may  be  Aviation 
Squadrons,  or  unit  parts  thereof,  in  the  National  Guard-  of  the  several  States 
as  component  parts  of  the  "  complete  higher  tactical  units  "  contemplated  by 
section  60,  idem,  and  the  officers  and  enlisted  men  therein  will,  when  duly 
qualified,  be  entitled  while  in  the  actual  service  of  the  United  States,  or  while 
attending  encampments  or  maneuvers  ordered  by  the  Secretary  of  War,  to  the 
same  pay  and  allowances  as  officers  and  enlisted  men  of  corresponding  grades 
of  the  Regular  Army  receive,  including  increase  of  pay  while  on  duty  requiring 
them  to  participate  regularly  and  frequently  in  aerial  flights. 

Held,  that  the  conformity  of  organization  of  the  National  Guard  to  the 
Regular  Army  required  by  the  statute  does  not  relate  to  the  qualifications 
of  officers  for  appointment  or  promotion;  that  the  matter  of  appointment  or 
promotion  in  the  National  Guard  rests  primarily  with  the  governor  of  the 
State,  subject  to  the  rules  prescribed  in  section  74  of  the  national-defense 
act  relating  to  the  classes  of  persons  from  which  National  Guard  officers 
shall  be  appointed,  and  in  section  75  relating  to  examinations  to  determine 
qualifications,  and  that,  therefore,  an  original  appointment  to  the  grade  of 
major  may,  subject  to  the  restrictions  mentioned,  be  made  by  the  governor 
without  regard  to  the  previous  service  of  the  appointee;  but  that  inasmuch  as 
the  office  of  captain  in  the  Medical  Corps  has  no  existence  independent  of 
the  person  qualified  by  a  period  of  service  to  fill  it,  appointees  to  that  grade 
in  the  Medical  Corps  of  the  National  Guard  must  have  served  as  first  lieu- 
tenants for  the  period  fixed  by  law.     (War  Dept.  Bull.  34,  Sept.  12,  1916.) 

Request  was  made  on  behalf  of  medical  officers  of  the  National  Guard  in 
the  service  of  the  United  States  that  the  Secretary  of  War,  under  his  power 
to  authorize  general  exceptions,  permit  them  to  hold  the  office  of  captain  and 
to  receive  the  pay  of  that  office,  irrespective  of  their  length  of  service  as 
medical  officers  of  the  National  Guard. 

Held,  that  the  word  *'  exception "  in  section  60  is  used  in  the  sense  of 
"  exclusion,"  that  it  does  not  include  "  substitution,"  that  the  statute  authorizes 
modification  only  by  way  of  exclusion,  and  that  the  request  could  not,  therefore, 
be  granted.     (War  Dept.  Bull.  9,  Feb.  2,  1917.) 

Request  was  made  on  behalf  of  a  number  of  medical  officers  of  the  National 
Guard  in  Federal  service  who  had  been  denied  the  pay  of  captain,  on  the  ground 
that  they  had  not  had  the  required  number  of  years  of  service,  that  the  Secre- 
tary of  War,  under  his  power  given  by  the  foregoing  statutes  to  make  "  gen- 
eral exceptions,"  authorize  them  to  be  recognized  as  captains  and  to  receive 
the  pay  of  that  grade. 

Held,  that  the  term  "  exception,"  in  section  60,  is  used  in  the  sense  of  exclu- 
sion, that  it  does  not  include  substitution,  that  the  Secretary  of  War  could 
only  authorize  modification  by  way  of  exclusion,  and  that  the  request  could  not, 
therefore,  be  granted.     (War  Dept.  Bull.  15,  Mar.  24,  1917.) 

In  the  case  of  a  company  of  Engineers,  National  Guard,  in  the  Federal 
service,  there  were  four  men  included  as  wagoners,  and  the  question  was 
presented  in  connection  with  their  payment  whether  wagoners  are  authorized 
for  separate  companies  of  Engineers,  National  Guard. 

54208**— 18 19 


290  MILITARY  LAWS  OP  THE  UNITED  STATES,  1915. 

enlisted  men  of  the  Staff  Corps  and  Departments,  corresponding  to 
those  of  the  Regular  Armj,  as  may  be  authorized  by  the  Secretary 
of  War.^    Act  of  May  12, 1917  {^0  Stat.  68) . 

1325b.  Same — State  troops  in  time  of  peace  Tnust  conform  to  pre- 
scribed organization, — No  State  shall  maintain  troops  in  time  of 
peace  other  than  as  authorized  in  accordance  with  the  organization 
prescribed  under  this  Act.  Sec.  61,  Act  of  Jime  3,  1916  {39  Stat. 
198). 

1325c.  Right  of  States  and  Territories  to  use  National  Guard 
within  their  borders  in  time  of  peace  not  limited  by  Act. — Nothing 
contained  in  this  Act  shall  be  construed  as  limiting  the  rights  of 
States  and  Territories  in  the  use  of  the  National  Guard  within  their 
respective  borders  in  time  of  peace.    Id. 

1325d.  Organization  and  maintenance  of  State  police  or  constabu- 
lary not  forbidden  by  Act. — Nothing  contained  in  this  Act  shall  pre- 
vent the  organization  and  maintenance  of  State  police  or  constabu- 
lary.   Id. 

1325e.  Minimum  and  maxim,u7n  number  of  enlisted  m^en  for  each 
Seimtor  and  Representative. — The  number  of  enlisted  men  of  the 
National  Guard  to  be  organized  under  this  Act  within  one  year  from 
its  passage  shall  be  for  each  State  in  the  proportion  of  two  hundred 
such  men  for  each  Senator  and  Representative  in  Congress  from  such 
State,  and  a  number  to  be  determined  by  the  President  for  each 
Territory  and  the  District  of  Columbia,  and  shall  be  increased  each 
year  thereafter  in  the  proportion  of  not  less  than  fifty  per  centum 
until  a  total  peace  strength  of  not  less  than  eight  hundred  enlisted 
men  for  each  Senator  and  Representative  in  Congress  shall  have  been 
reached.    Sec.  62,  id. 

1325f.  President  may  fix  maximum  num^ber  in  States  having  but 
one  Representative. — In  States  which  have  but  one  Representative  in 
Congress  such  increase  shall  be  at  the  discretion  of  the  President.    Id. 

Held,  thnt  as  wagoners  do  not  form  a  part  of  the  statutory  personnel  of  a 
National  Guard  company,  which,  by  section  60  of  the  national-defense  act, 
must  be  the  same  as  tlint  prescribed  for  the  Regrular  Army,  they  can  not  be 
recognized  as  a  part  of  the  authorizeil  personnel  of  such  companies  unless 
they  are,  in  fact,  a  part  of  a  regiment  or  mounted  battalion,  as  required  by 
the  statute;  that  separate  companies  of  Engineers,  whether  of  the  National 
Guard  or  of  the  Regular  Army,  can  not  include  as  a  part  of  their  personnel 
enlisted  men  of  the  grade  of  wagoner,  but  that  the  duties  which  would  in  a 
company  forming  part  of  a  regiment  or  of  a  mounted  bfittalion.  be  performed 
by  a  wagoner  must  In  a  separate  company  be  performed  by  enlisted  men  of 
other  grades  detailed  for  that  purpose  or  by  wagoners  detailetl  from  organiza- 
tions having  enlisted  men  of  that  grade.      (War  Dept.  Bull,  67,  Nov.  30,  1917.) 

*  Within  the  terms  of  the  national-defense  act  officers  and  enlisted  men  of 
the  usual  staff  corps  and  departments  of  the  several  States  were  not  members 
of  the  National  Guard,  but  this  was  changed  by  the  Army  appropriation  act  of 
May  12,  1917.  Such  officers  and  men  may  now  be  drafted  into  the  Army  of  the 
United  States,  for  the  President's  power  was  not  exhausted  by  his  proclamation 
of  August  5,  1917. 


MILITABY  LAWS  OF  THE   UNITED  STATES,  1915.  291 

1325g.  Any  State  or  Territo7y  may  organize  maximum  imrriber  in 
less  time  than  Act  specifies, — This  shall  not  be  construed  to  prevent 
any  State,  Territory,  or  the  District  of  Columbia  from  organizing 
the  full  number  of  troops  required  under  this  section  in  less  time 
than  is  specified  in  this  section,  or  from  maintaining  existing  organi- 
zations if  they  shall  conform  to  such  rules  and  regulations  regarding 
organization,  strength,  and  armament  as  the  President  may  pre- 
scribe.   Id. 

1325h.  Any  State  with  hut  one  Representative  may  organize  one  or 
more  regiments^  etc. — Nothing  in  this  Act  shall  be  construed  to  pre- 
vent any  State  with  but  one  Representative  in  Congress  from  organ- 
izing one  or  more  regiments  of  troops,  with  such  auxiliary  troops  as 
the  President  may  prescribe ;  such  organizations  and  members  of  such 
organizations  to  receive  all  the  benefits  accruing  under  this  Act  under 
the  conditions  set  forth  herein.    Id. 

(For  the  last  provision  of  this  section  see  paragraph  1321a,  ante.) 

13251.  Organization  into  divisions.,  brigades.,  and  other  tactical 
units  to  assist  in  instructions  and  training. — For  the  purpose  of  main- 
taining appropriate  organization  and  to  assist  in  instruction  and 
training,  the  President  may  assign  the  National  Guard  of  the  sev- 
eral States  and  Territories  and  the  District  of  Columbia  to  divisions, 
brigades,  and  other  tactical  units,  and  may  detail  officers  either  from 
the  National  Guard  or  the  Regular  Army  to  command  such  units. 
Set'.  64,  id. 

1325J.  Same — Commanding  officers  of  complete  units  organized 
within  a  State  or  Territory  not  to  he  displaced. — ^^Vliere  complete 
units  are  organized  within  a  State,  Territory,  or  the  District  of 
Columbia  the  commanding  officers  thereof  shall  not  be  displaced 
under  the  provisions  of  this  section.    Id.,  199. 

1325k.  Detail  of  officer  of  Regular  Army  as  chief  of  Staff  of  any 
division  in  service  of  United  States. — ^The  President  may  detail  one 
officer  of  the  Regular  Army  as  chief  of  staff  and  one  officer  of  the 
Regular  Army  or  the  National  Guard  as  assistant  to  the  chief  of 
staff  of  any  division  of  the  National  Guard  in  the  service  of  the 
United  States  as  a  National  Guard  organization.    Sec.  65,  id. 

13251.  Same — Detail  of  regular  officer  as  chief  of  staff  of  eaxih 
tactical  division  to  insure  prompt  mobilization  in  time  of  war,  etc. — 
In  order  to  insure  the  prompt  mobilization  of  the  National  Guard  in 
time  of  war  or  other  emergency,  the  President  may,  in  time  of  peace, 
detail  an  officer  of  the  Regular  Army  «,o  perform  the  duties  of  chief 
of  staff  for  each  fully  organized  tactical  division  of  the  National 
Guard.    Id. 

1325in.  Location  of  units  and  headquarters  to  he  determined  hy 
States  and  Territories. — ^The  States  and  Territories  shall  have  the 


292  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

right  to  determine  and  fix  the  location  of  the  units  and  headquarters 
of  the  National  Guard  within  their  respective  borders.  Sec.  68^  id. 
200. 

132511.  Same — Units  not  to  he  disbanded  or  reduced  helow  mlni- 
tnuin  strength  without  consent  of  President. — No  organization  of  the 
National  Guard,  members  of  which  shall  be  entitled  to  and  shall  have 
received  compensation  under  the  provisions  of  this  act,  shall  be  dis- 
banded, without  the  consent  of  the  President,  nor,  without  such  con- 
sent, shall  the  commissioned  or  enlisted  strength  of  any  such  organi- 
zation be  reduced  below  the  minimum  that  shall  be  prescribed 
therefor  by  the  President.    Id. 

NATIONAL  GUARD  RESERVE. 

1325o.  Composition  of. — Subject  to  such  rules  and  regulations  as 
the  President  may  prescribe,  a  National  Guard  Reserve  shall  be 
organized  in  each  State,  Territory,  and  the  District  of  Columbia,  and 
shall  consist  of  such  organizations,  officers,  and  enlisted  men  as  the 
President  may  prescribe,  or  members  thereof  may  be  assigned  as 
reserves  to  an  active  organization  of  the  National  Guard.^  Sec.  78, 
id.  202. 

(See  par.  13441.) 

1325p.  Same — Pay  and  allowances  of,  while  engaged  in  training 
with  active  National  Guard. — Members  of  said  reserve,  when  en- 
gaged in  field  or  coast-defense  training  with  the  active  National 
Guard,  shall  receive  the  same  Federal  pay  and  allowances  as  enlisted 
men  of  like  grade  on  the  active  list  of  said  guard  when  likewise 
engaged.    Id. 

1325q.  Same — Appropriation  for  National  Guard  purposes  not 
available  for. — Except  as  otherwise  specifically  provided  in  this  Act, 
no  commissioned  or  enlisted  reservist  shall  receive  any  pay  or  allow- 
ances out  of  any  appropriation  made  by  Congress  for  National  Guard 
purposes.    Id. 

1325r.  Same — Organization  of  reserve  battalions  in  time  of  war. — 
When  members  of  the  National  Guard  and  the  enlisted  reserve 
thereof  of  any  State,  Territory,  or  the  District  of  Columbia  shall 
have  been  brought  into  the  service  of  the  United  States  in  time  of 
war,  there  shall  be  immediately  organized,  either  from  such  enlisted 

^  Held,  that  until  an  organization  tliereof  is  prescribed  by  the  President  the 
National  Guard  Reserve  remains  an  unorganized  force,  and  that  therefore  when 
a  soldier  passes  to  that  reserve  he  becomes  one  of  a  class  of  militia  which  has 
not  been  called  into  the  service  of  the  United  States,  and  there  Is  no  legal 
authority  for  accepting  him  into  the  Federal  service  until  his  class  is  called 
into  the  service  of  the  United  States  pursuant  to  law.  (War  Dept.  Bull.  47, 
Nov.  16,  1916.) 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  293 

reserve  or  from  the  unorganized  militia,  in  such  State,  Territory,  or 
District,  one  reserve  battalion  for  each  regiment  of  Infantry  or 
Cavalry,  or  each  nine  batteries  of  Field  Artillery,  or  each  twelve 
companies  of  Coast  Artillery,  brought  into  the  service  of  the  United 
States,  and  such  reserve  battalion  shall  constitute  the  fourth  bat- 
talion of  any  such  regiment  or  twelve  companies  of  Coast  Artillery. 
Reserve  battalions  shall  consist  of  four  companies  of  such  strength  as 
may  be  prescribed  by  the  President  of  the  United  States.    Sec.  79^  id, 

1325s.  Same — Organization  of  provisional  regiments  and  higher 
units. — When  the  members  of  three  or  more  regiments  of  the  Na- 
tional Guard  of  any  State,  Territory,  or  District  shall  have  been 
brought  into  the  service  of  the  United  States,  the  reserve  battalions 
of  such  regiments  may  be  organized  into  provisional  regiments  and 
higher  units.     Id. 

1325t.  Saine — Drafting  unorganized  militia  into  service  of  United 
States  to  maintain  reserve  battalions  at  proper  strength. — If  for  any 
reason  there  shall  not  be  enough  voluntary  enlistments  to  keep  the 
reserve  battalions  at  the  prescribed  strength,  a  sufficient  number  of 
the  unorganized  militia  shall  be  drafted  into  the  service  of  the 
United  States  to  maintain  each  of  such  battalions  at  the  proper 
strength.     Id. 

1325u.  Same — Vacancies  in  organizations  in  service  to  he  filled 
from  reserve  battalions,  etc. — As  vacancies  occur  from  death  or  other 
causes  in  any  organization  in  the  service  of  the  United  States  and 
composed  of  men  taken  from  the  National  Guard,  men  shall  be  trans- 
ferred from  the  reserve  battalions  to  the  organizations  in  the  field  so 
that  such  organizations  may  be  maintained  at  war  strength.  Officers 
for  the  reserve  battalions  provided  for  herein  shall  be  drafted  from 
the  National  Guard  Reserve  or  Coast  Artillery  companies  of  the 
National  Guard  or  the  Officers'  Reserve  Corps,  such  officers  to  be 
taken,  if  practicable,  from  the  States,  respectively,  in  which  the  bat- 
talions shall  be  organized.  Officers  and  noncommissioned  officers  re- 
turned to  their  home  stations  because  of  their  inability  to  perform 
active  field  service  may  be  assigned  to  reserve  battalions  for  duty,  and 
all  soldiers  invalided  home  shall  be  assigned  to  and  carried  on  the 
rolls  of  reserve  battalions  until  returned  to  duty  or  until  discharged.^ 
Id.  203, 

^  It  being  proposed  to  discharge  National  Guard  reservists  with  a  view  to  their 
immediate  reenlistment  in  regiments  of  the  National  Guard;  Held,  that,  with- 
(»\it  considering  how  far  the  President  legally  can  go  in  authorizing  wholesale 
discharges  from  the  National  Guard  Reserve,  it  is  enough  to  say  that  the  na- 
tional-defense act  contemplates  a  well-defined  function  for  the  National  Guard 
Koserve  and  its  continuance  for  the  performance  of  that  function ;  that  it  would 
defeat  the  purpose  of  the  law  to  authorize  discharges  on  the  considerations 
mentioned ;  and  that  in  the  absence  of  any  showing  of  convenience  to  the  Gov- 
ernment such  discharges  ought  not  to  be  authorized.  (War  Dept.  Bull.  26, 
May  7,  1917.) 


294  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

1325v.  President  to  make  necessary  rules  and  regulations  for  or'- 
ganizing  and  disciplining. — The  President  shall  make  all  necessary 
rules  and  regulations  and  issue  such  orders  as  may  be  necessary  for 
the  thorough  organization,  discipline,  and  government  of  the  militia 
provided  for  in  this  Act.    Sec,  118^  id.  213. 

1327a.  Ancient  privileges  of  certain  organizations  may  he  re- 
tained.— Any  corps  of  Artillery,  Cavalry,  or  Infantry  existing  in  any 
of  the  States  on  the  passage  of  the  Act  of  May  eighth,  seventeen 
hundred  and  ninety-tvro,  which  hj  the  laws,  customs,  or  usages  of 
said  States  has  been  in  continuous  existence  since  the  passage  of  said 
Act,  under  its  provisions  and  under  the  provisions  of  section  two  hun- 
dred and  thirty-two  and  sections  sixteen  hundred  and  twenty-five  to 
sixteen  hundred  and  sixty,  both  inclusive,  of  title  sixteen  of  tlie 
Revised  Statutes  of  eighteen  hundred  and  seventy-three,  and  the  Act 
of  January  twenty-first,  nineteen  hundred  and  three,  relating  to  the 
militia,  shall  be  allowed  to  retain  its  ancient  privileges,  subject, 
nevertheless,  to  all  duties  required  by  law  of  militia.    Sec.  63,  id.  108. 

1327b.  Same — Form  a  part  of  National  Guard,  and  shall  conform 
to  its  organization,  etc.,  in  time  of  war. — Said  organizations  may  be 
a  part  of  the  National  Guard  and  entitled  to  all  the  privileges  of  this 
Act,  and  shall  conform  in  all  respects  to  the  organization,  discipline, 
and  training  of  the  National  Guard  in  time  of  war.    Id. 

1327c.  Same — Assignment  to  higher  units  for  training  and  when 
on  active  duty. — For  purposes  of  training  and  when  on  active  duty 
in  the  service  of  the  United  States  they  may  be  assigned  to  higher 
units,  as  the  President  may  direct,  and  shall  be  subject  to  the  orders 
of  officers  under  whom  they  shall  be  serving.    Id. 

1328a.  Joint  encampments,  maneuvers,  etc.,  with  Regular  Army. — 
Under  such  regulations  as  the  President  may  prescribe  the  Secretary 
of  War  is  authorized  to  provide  for  the  participation  of  the  whole 
or  any  part  of  the  National  Guard  in  encampments,  maneuvers,  or 
other  exercises,  including  outdoor  target  practice,  for  field  or  coast- 
defense  instruction,  either  independently  or  in  conjunction  with  any 
part  of  the  Eegular  Army,  and  there  may  be  set  aside  from  the  funds 
appropriated  for  that  purpose  and  allotted  to  any  State,  Territory, 
or  the  District  of  Columbia,  such  portion  of  said  funds  as  may  be 
necessary  for  the  payment,  subsistence,  transportation,  and  other 
proper  expenses  of  such  portion  of  the  National  Guard  of  such  State, 
Territory,  or  the  District  of  Columbia  as  shall  participate  in  such 
encampments,  maneuvers,  or  other  exercises,  including  outdoor  target 
practice,  for  field  and  coast-defense  instruction ;  and  the  officers  and 
enlisted  men  of  such  National  Guard  while  so  engaged  shall  be  en- 
titled to  the  same  pay,  subsistence,  and  transportation  as  officers  and 
enlisted  men  of  corresponding  grades  of  the  Regular  Army  are  or 
hereafter  may  b©  entitled  by  law.    Sec,  91^,  id.  206. 


MILITARY   LAWS   OF   THE   UNITED  STATES,  1915.  295 

1328b.  Same — Command  where  organization  of  Regular  Army  a7id 
of  National  Gv/ird  participate  in  joint  maneuvers^  etc. — When  any 
part  of  the  National  Guard  participates  in  encampments,  maneuvers, 
or  other  exercises,  including  outdoor  target  practice,  for  field  or 
coast-defense  instruction  at  a  United  States  military  post,  or  reserva- 
tion, or  elsewhere,  if  in  conjunction  with  troops  of  the  United  States, 
the  command  of  such  military  post  or  reservation  and  of  the  officers 
and  troops  of  the  United  States  on  duty  there  or  elsewhere  shall  re- 
main with  the  commander  of  the  United  States  troops  without  regard 
to  the  rank  of  the  commanding  or  other  officer  of  the  National  Guard 
temporarily  engaged  in  the  encampments,  maneuvers,  or  other  exer- 
cises.    Sec.  95,  id.  W7. 

1328c.  Details  of  Regular  Army  officers  and  enlisted  m^n  as  irv- 
structors  oA  encampments  and  maneuvers. — The  Secretary  of  War 
may  detail  one  or  more  officers  and  enlisted  men  of  the  Regular  Army 
to  attend  any  encampment,  maneuver,  or  other  exercise  for  field  or 
coast-defense  instruction  of  the  National  Guard,  who  shall  give  such 
instruction  and  information  to  the  officers  and  men  assembled  for 
such  encampment,  maneuver,  or  other  exercise  as  may  be  directed  by 
the  Secretary  of  War  or  requested  by  the  governor  or  by  the  com- 
manding officer  of  the  National  Guard  there  on  duty.    Sec.  96,  id, 

1328d.  Appropriation  for  National  Guard  encampments,  ma- 
neuvers, etc. — To  provide  for  the  participation  of  the  whole  or  any 
part  of  the  National  Guard  in  encampments,  maneuvers,  or  other 
exercises,  including  outdoor  target  practice  and  field  and  coast- 
defense  instruction,  either  independently  or  in  conjunction  with  any 
part  of  the  Regular  Army,  and  there  may  be  set  aside  from  the  funds, 
apportioned  for  that  purpose  and  allotted  to  any  State,  Territory, 
or  the  District  of  Columbia  such  portion  of  said  funds  as  may  be 
necessary  for  the  payment,  subsistence,  transportation,  and  other 
proper  expenses  of  such  portion  of  the  National  Guard  of  said  State, 
Territory,  or  the  District  of  Columbia  as  shall  participate  in  such 
encampments,  maneuvers,  or  other  exercises,  including  outdoor  target 
practice  and  field  and  coast-defense  instruction;. and  the  officers  and 
enlisted*  men  of  such  National  Guard  while  so  engaged  shall  be 
entitled  to  the  same  pay,  subsistence,  and  transportation  as  officers 
and  enlisted  men  of  corresponding  grades  of  the  Regular  Army  are 
or  hereafter  may  be  entitled  to  by  law.  Act  of  Aug.  29,  1916  {39 
Stat.64S). 

(For  provision  relative  to  National  Guard  camps  of  Instruction,  see  para- 
grapli  1331g,  post) 

1328d}.  Same — Training  of  National  Guards,  camps,  etc. — To  pro- 
vide for  the  participation  of  the  whole  or  any  part  of  the  National 
Guard  in  encampments,  maneuvers,  or  other  exercises,  including  out- 
door target  practice  and  field  and  coast  defense  instruction,  either 


296  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

independently  or  in  conjunction  with  any  part  of  the  Regular  Army, 
and  there  may  'be  set  aside  from  the  funds  apportioned  for  that 
purpose  and  allotted  to  any  State,  Territory,  or  the  District  of 
Columbia  such  portion  of  said  funds  as  may  be  necessary  for  the 
payment,  subsistence,  transportation,  and  other  proper  expenses  of 
such  portion  of  the  National  Guard  of  said  State,  Territory,  or  the 
District  of  Columbia  as  shall  participate  in  such  encampments,  ma- 
neuvers, or  other  exercises,  including  outdoor  target  practice  and 
field  and  coast  defense  instruction ;  and  the  officers  and  enlisted  men 
of  such  National  Guard  while  so  engaged  shall  be  entitled  to  the  same 
pay,  subsistence,  and  transportation  as  officers  and  enlisted  men  of 
corresponding  grades  of  the  Regular  Army  are  or  hereafter  may  be 
entitled  to  by  law.     Act  of  May  12, 1917  {Jfi  Stat.  66). 

1328e.  Reduced  rates  of  transportation  for  memhers  of  National 
Guard  attending  joint  maneuvers. — Hereafter  nothing  in  the  Act  of 
February  fourth,  eighteen  hundred  and  eighty-seven,^  known  as  the 
Act  to  regulate  commerce,  or  any  amendments  thereto,  shall  be  con- 
strued to  prohibit  any  common  carrier  from  giving  reduced  rates 
for  members  of  National  Guard  organizations  traveling  to  and  from 
joint  encampments  with  the  Regular  Army.  Act  of  Aug.  29,  1916 
{S9  Stat.  646). 

1328f.  Joint  encampments  with  Regular  Army  may  he  held  by 
militia  when  impracticable  to  obtain  presence  of  regular  troops. — 
For  paying  the  expenses  of  the  Organized  Militia  or  National  Guard 
of  any  State,  Territory,  or  of  the  District  of  Columbia,  which  may 
be  authorized  by  the  Secretary  of  War  to  participate  in  such  encamp- 
,ments  as  may  be  established  for  the  field  instruction  of  the  troops  of 
the  Regular  Army,  as  provided  by  sections  fifteen  and  twenty-one  of 
the  Act  of  January  twenty-first,  nineteen  hundred  and  three,  entitled 
"An  Act  to  promote  the  efficiency  of  the  militia,  and  for  other  pur- 
poses," as  amended,  or  as  may  hereafter  be  authorized  by  law,  to  be 
immediately  available  and  to  remain  available  until  the  end  of  the 
fiscal  year  nineteen  hundred  and  seventeen,  $200,000  is  hereby  appro- 
priated :  Provided,  That  when  it  is  not  practicable  to  obtain  the  pres- 
ence of  regular  troops  for  a  joint  encampment-,  the  funds  herein 
appropriated  shall  be  available  for  such  encampments,  maneuvers, 
and  fie'ld  instruction  for  the  Organized  Militia  or  National  Guard  as 
the  Secretary  of  War  may  prescribe.  Act  of  June  12, 1916  {39  Stat. 
226). 

1330a.  Pay  for  participation  in  encampments,  maneuvers,  etc.,  be- 
ginning of. — When  any  portion  of  the  National  Guard  shall  par- 
ticipate in  encampments,  maneuvers,  or  other  exercises,  including 
outdoor  target  practice,  for  field  or  coast-defense  instruction,  under 

»24  Stat.  379. 


1915.  297 

the  provisions  of  this  Act,  it  may,  after  being  duly  mustered,  be  pjiid 
at  any  time  after  such  muster  for  the  period  from  the  date  of  leaving 
the  home  rendezvous  to  date  of  return  thereto  as  determined  in  ad- 
vance, both  dates  inclusive;  and  such  payment,  if  otherwise  correct, 
shall  pass  to  the  credit  of  the  disbursing  officer  making  the  same. 
Sec.  98,  Act  of  June  3, 1916  {39  Stat,  207), 
(See  paragraph  1331f.) 

PAY  OF  OFFICERS  AND  ENLISTED  MEN  NOT  IN  SERVICE  OF  UNITED  STAIT.S. 

1330b.  Schedule  of  pay  for  second  lieutenants  to  captains;  officers 
of  higher  rank  to  receive  pay  of  captain. — Certain  commissioned  of- 
ficers on  the  active  list  belonging  to  organizations  of  the  National 
Guard  of  each  State,  Territory,  and  the  District  of  Columbia  par- 
ticipating in  the  apportionment  of  the  annual  appropriation  for  the 
support  of  the  National  Guard  shall  receive  compensation  for  their 
services,  except  during  periods  of  service  for  which  they  may  become 
lawfully  entitled  to  the  same  pay  as  officers  of  corresponding  grades 
of  the  Regular  Army,  as  follows,  not  to  include  longevity  pay:  A 
captain  $500  per  year  and  the  same  pay  shall  be  paid  to  every  officer 
of  Iiigher  rank  than  that  of  captain,  a  first  lieutenant  $240  per  year, 
and  a  second  lieutenant  $200  per  year.^    Sec.  109^  id.  W9. 

^  The  following  questions  were  presented  for  decision: 

(a)  Whether  a  retired  officer  of  the  Regular  Army,  appointed  as  an  officer 
of  the  National  Guard  and  detailed  as  property  and  disbursing  officer,  can 
receive  the  pay  as  property  and  disbursing  officer  provided  for  by  section  67,  act 
of  June  3,  1916,  and  the  National  Guard  pay  provided  by  section  109,  act  of 
June  3,  1916,  in  addition  to  his  retired  pay  of  the  Regular  Army. 

{h)  Whether  a  retired  enlisted  man  of  the  Regular  Army,  appointed  as  an 
officer  of  the  National  Guard  and  detailed  as  property  and  disbursing  officer, 
can  receive  the  pay  as  property  and  disbursing  officer  provided  by  section  67 
of  the  act  of  June  3,  1916,  and  the  National  Guard  pay  provided  by  section  109 
of  the  act  cited,  in  addition  to  his  pay  as  an  enlisted  man,  retired,  of  the  Reg- 
ular Army. 

Section  74  of  the  national-defense  act  of  June  3,  1916,  specifying  the  class 
from  which  National  Guard  officers  may  be  selected,  includes  retired  officers 
of  the  Regular  Army,  but  does  not  include  retired  enlisted  men  except  as  they 
may  become  eligible  by  enlisting  in  the  National  Guard. 

Held,  as  to  (a),  that  the  effect  of  the  statutory  provision  for  the  appointment 
of  retired  officers  of  the  Regular  Army  as  officers  in  the  National  Guard  is  to 
give  a  retired  officer  so  appointed  the  pay  provided  for  in  sections  67  and  109 
of  the  national-defense  act  in  addition  to  his  retired  pay  in  the  Army;  and, 
as  to  (&),  that,  inasmuch  as  the  statute  does  not  provide  for  the  entry  of  re- 
tired enlisted  men  into  the  National  Guard,  previous  decisions  are  applicable 
(20  Comp.  Dec,  49,  and  23  id.,  444),  which  are  to  the  effect  that  the  pay  of  a 
retired  enlisted  man  of  the  Army  while  in  the  Federal  service  as  a  member  of 
the  Organized  Militia  or  National  Guard  should  be  discontinued;  in  other 
words,  that  there  is  no  prohibition  against  the  commissioning  of  a  retired 
enlisted  man  in  the  National  Guard,  after  his  enlistment  therein,  and  then 
appointing  him  property  and  disbursing  officer  and  paying  him  therefor  from 
the  amount  appropriated  from  Federal  funds,  but  during  such  time  he  will  not 
be  entitled  to  continue  to  draw  his  retired  pay  as  an  enlisted  man  of  the  Army. 
Accordingly,  question  (a)  answered  in  the  affirmative  and  question  (6)  in  the 
negative. 

(Comp.  Treas.,  May  21,  1917;  War  Dept.  Bull.  34,  June  8,  1917.) 


298  MILITARY   LAWS   OF   THE   UNITED  STATES,   1915. 

1330c.  Same — Secretary  of  War  to  prescribe  regulations  as  to 
amount  and  character  of  service  to  he  rendered  to  entitle  to  maximum 
pay. — Regulations  to  be  prescribed  by  the  Secretary  of  War  shall 
determine  the  amount  and  character  of  service  that  must  be  rendered 
by  officers  to  entitle  them  to  the  whole  or  specific  parts  of  the  maxi- 
mum pay  hereinbefore  authorized.     Id. 

1330d.  /Same — Pay  of  staff  officers,  aids-de-camp,  chaplains,  etc. — 
All  staff  officers,  aids-de-camp,  and  chaplains  shall  receive  not  to 
exceed  one-half  of  the  pay  of  a  captain,  except  that  regimental  adju- 
tants, and  majors  and  captains  in  command  of  machine-gun  compa- 
nies, ambulance  companies,  field  hospital  companies,  or  sanitary 
troops  shall  receive  the  pay  hereinbefore  authorized  for  a  cap- 
tain.   Id. 

1330e.  Pay  of  enlisted  m^n  on  active  list. — Each  enlisted  man  on 
the  active  list  belonging  to  an  organization  of  the  National  Guard 
of  a  State,  Territory,  or  the  District  of  Columbia,  participating  in  the 
apportionment  of  the  annual  appropriation  for  the  support  of  the 
National  Guard,  shall  receive  compensation  for  his  services,  except 
during  periods  of  service  for  which  he  may  become  lawfully  entitled 
to  the  same  pay  as  an  enlisted  man  of  corresponding  grade  in  the 
Regular  Army,  at  a  rate  equal  to  twenty-five  per  centum  of  the  initial 
pay  now  provided  by  law  for  enlisted  men  of  corresponding  grades 
of  the  Regular  Army.    Sec.  110,  id. 

1330f.  Same — Full  compensation  only  in  case  of  attendance  upon 
maximum  number  of  drills  arwiuaUy. — Such  enlisted  man  shall  re- 
ceive the  compensation  herein  provided  if  he  shall  have  attended 
not  less  than  forty-eight  regular  drills  during  any  one  year,  and  a 
proportionate  amount  for  attendance  upon  a  lesser  number  of  such 
drills,  not  less  than  twenty-four;  and  no  such  enlisted  man  shall 
receive  any  part  of  said  compensation  except  as  authorized  by  this 
proviso  and  the  three  provisos  next  following.    Id.  210. 

1330g.  Same — Compensation  computed  semiannually  beginning  the 
first  day  of  January  and  July  of  each  year. — The  compensation  pro- 
vided herein  shall  be  computed  for  semiannual  periods,  beginning 
the  first  day  of  January  and  the  first  day  of  July  of  each  year,  in 
proportion  to  the  number  of  drills  attended;  and  no  compensation 
shall  be  paid  to  any  enlisted  man  for  the  first  semiannual  period  of 
any  year  unless  he  shall  have  attended  during  said  period  at  least 
twenty-four  drills,  but  any  lesser  number  of  drills  attended  during 
said  period  shall  be  reckoned  with  the  drills  attended  during  the 
second  semiannual  period  in  computing  the  compensation,  if  any, 
due  him  for  that  year.    Id. 

1330h.  Same — Compensation  for  portion  of  semiannual  period  on 
enlistment  or  expiration  during. — ^When  any  man  enters  into  an 
enlistment  other  than  an  immediate  rcenlistment  he  shall  be  entitled 


MILITAKY  LAWS  Of   THE   UNITED  STATES,  1915.  299 

to  proportional  compensation  for  that  year  if  during  the  remainder 
of  the  year  he  shall  attend  a  number  of  drills  whose  ratio  to  twenty- 
four  is  not  less  than  the  ratio  of  the  part  of  the  year  so  served  to  the 
whole  year;  and  when  any  man's  enlistment  shall  expire  the  com- 
pensation, if  any,  to  which  he  may  be  entitled  shall  be  determined 
in  like  manner.    Id. 

13301.  Sarrve — Acceptance  of  equivalent  periods  of  military  duty  in 
lieu  of  drills. — Periods  of  any  actual  military  duty  equivalent  to  the 
drills  herein  prescribed  (except  those  periods  of  service  for  which 
members  of  the  National  Guard  may  become  lawfully  entitled  to  the 
same  pay  as  officers  and  enlisted  men  of  the  corresponding  grades 
in  the  Eegular  Army)  may  be  accepted  as  service  in  lieu  of  such 
drills  when  so  provided  by  the  Secretary  of  War.     Id. 

1330J.  Sam>e — Disbursements  to  he  m,ade  hy  officers  of  Quarter- 
master Corps. — All  amounts  appropriated  for  the  purpose  of  this  and 
the  last  preceding  section  shall  be  disbursed  and  accounted  for  by 
the  officers  and  agents  of  the  Quartermaster  Corps  of  the  Army,  and 
all  disbursements  under  the  foregoing  provisions  of  this  section 
shall  be  made  as  soon  as  practicable  after  the  thirty-first  day  of 
December  and  the  thirtieth  day  of  June  of  each  year  upon  pay  rolls 
prepared  and  authenticated  in  the  manner  to  be  prescribed  by  the 
Secretary  of  War.     Id, 

(See  paragraph  1329,  ante.) 

1330k.  Same — Stoppages  to  cover  cost  of  public  property  lost  or 
destroyed  hy  officers  or  enlisted  men. — Stoppages  may  be  made 
against  the  compensation  payable  to  any  officer  or  enlisted  man  here- 
under to  cover  the  cost  of  public  property  lost  or  destroyed  by  and 
chargeable  to  such  officer  or  enlisted  man.    Id. 

13301.  Same — Withholding  payment  for  failure  to  comply  with 
law  as  to  age  limit,  staff  organization^  appointment  of  officers  to  fill 
vacancies,  etc. — Except  as  otherwise  specifically  provided  herein,  no 
money  appropriated  under  the  provisions  of  this  or  the  last  preced- 
ing section  shall  be  paid  to  any  person  not  on  the  active  list,  nor  to 
any  person  over  sixty- four  years  of  age,  nor  to  any  person  who  shall 
fail  to  qualify  as  to  fitness  for  military  service  under  such  regula- 
tions as  the  Secretary  of  War  shall  prescribe,  nor  to  any  Stat^,  Ter- 
ritory, or  District,  or  officer  or  enlisted  man  in  the  National  Guard 
thereof,  unless  and  until  such  State,  Territory,  or  District  provides 
by  law  that  staff  officers,  including  officers  of  the  Pay,  Inspection, 
Subsistence,  and  Medical  Departments,  hereafter  appointed,  shall 
have  had  previous  military  experience  and  shall  hold  their  positions 
until  they  shall  have  reached  the  age  of  sixty-four  years,  unless  re- 
tired prior  to  that  time  by  reason  of  resignation,  disability,  or  for 
cause  to  be  determined  by  a  court-martial  legally  convened  for  that 


300  MILITARY   LAWS   OF    THE   UNITED   STATES,  1915. 

purpose,  and  that  vacancies  among  said  officers  shall  be  filled  by  ap- 
pointment from  the  officers  of  the  militia  of  such  State,  Territory, 
or  District.     Id, 

1330m.  Same — Tiirrie  limit  within  which  such  loithholding  hecomA^s 
operative  in  any  State  or  Territory. — The  preceding  proviso  shall 
not  apply  to  any  State,  Territory,  or  District  until  sixty  days  next 
after  the  adjournment  of  the  next  session  of  its  legislature  held  after 
the  approval  of  this  Act.    Id.^  211, 

1331a.  Leaves  of  absence  for  Government  employees. — All  officei*s 
and  employees  of  the  United  States  and  of  the  District  of  Columbia 
who  are  members  of  the  National  Guard  shall  be  entitled  to  leave  of 
absence  from  their  respective  duties,  without  loss  of  pay  or  time,  on 
all  days  of  any  parade  or  encampment  ordered  or  authorized  under 
the  provisions  of  this  Act.  Sec.  Jfi^  Act  of  Mar.  1,  1889  {25  Stat. 
779). 

1331b.  Leaves  of  absence  for  Government  employees  while  engagea 
in  training. — All  officers  and  employees  of  the  United  States  and  of 
the  District  of  Columbia  who  shall  be  members  of  the  National 
Guard  shall  be  entitled  to  leave  of  absence  from  their  respective 
duties,  without  loss  of  pay,  time,  or  efficiency  rating,  on  all  days 
during  which  they  shall  be  engaged  in  field  or  coast-defense  training 
ordered  or  authorized  under  the  provisions  of  this  Act.  Sec.  80^  Act 
of  June  3,  1916  {39  Stat.  203). 

1331c.  Discipline^  including  training.,  to  conform  to  system  pre- 
scribed for  Regular  Army. — The  discipline  (which  includes  train- 
ing) of  the  National  Guard  shall  conform  to  the  system  which  is 
nor  or  may  hereafter  be  prescribed  for  the  Regular  Army,  and  the 
training  shall  be  carried  out  by  the  several  States,  Territories,  and 
the  District  of  Columbia  so  as  to  conform  to  the  provisions  of  this 
Act.     Sec.  91,  id.  206. 

1331d.  Same — Drill,  instructions,  and  training,  character  and 
amount  required  annually. — Each  company,  troop,  battery,  and  de- 
tachment in  the  National  Guard  shall  assemble  for  drill  and  instruc- 
tion, including  indoor  target  practice,  not  less  than  forty-eight  times 
each  year,  and  shall,  in  addition  thereto,  participate  in  encampments, 
maneuvers,  or  other  exercises,  including  outdoor  target  practice,  at 
least  fifteen  days  in  training  each  year,  including  target  practice, 
unless  such  company,  troop,  battery,  or  detachment  shall  have  been 
excused  from  participation  in  any  part  thereof  by  the  Secretary  of 
War.    Sec.  92,  id. 

1331e.  Same — Credit  for  assembly  drill  or  indoor  target  practice, 
duration  of  and  minimum  number  to  participate  in,  etc. — Credit  for 
an  assembly  for  drill  or  for  indoor  target  practice  shall  not  be  given 
unless  the  number  of  officers  and  enlisted  men  present  for  duty  at 
such  assembly  shall  equal  or  exceed  a  minimum  to  be  prescribed  by 


MILITARY  LAWS   OF   THE   UNITED  STATES,  1915.  301 

the  President,  nor  unless  the  period  of  actual  military  duty  and  in- 
struction participated  in  by  each  officer  and  enlisted  man  at  each  such 
assembly  at  which  he  shall  be  credited  as  having  been  present  shall  be 
of  at  least  one  and  one-half  hours'  duration  and  the  character  of 
training  such  as  may  be  prescribed  by  the  Secretary  of  War.     Id. 

1331f.  Secretary  of  War  may  provide  instruction  camps  to  he  con- 
,  ducted  hy  officers  of  Regular  Army. — Under  such  regulations  as  the 
President  may  prescribe  the  Secretary  of  War  may  provide  camps 
for  the  instruction  of  officers  and  enlisted  men  of  the  National  Guard. 
Such  camps  shall  be  conducted  by  officers  of  the  Regular  Army  de- 
tailed by  the  Secretary  of  War  for  that  purpose,  and  may  be  located 
cither  within  or  without  the  State,  Territory,  or  District  of  Colum- 
bia to  which  the  members  of  the  National  Guard  designated  to  attend 
said  camps  shall  belong.  Officers  and  enlisted  men  attending  such 
camps  shall  be  entitled  to  pay  and  transportation,  and  enlisted  men 
to  subsistence  in  addition,  at  the  same  rates  as  for  encampments  or 
maneuvers  for  field  or  coast-defense  instruction.    Sec.  97.,  id.  207, 

(See  paragraph  1330a.) 

1331g.  Appropriation  for  National  Guard  camps  of  instruction.-^ 
To  provide  for  camps  of  instruction  for  the  instruction  of  officers  and 
enlisted  men  of  the  National  Guard.  Such  camps  shall  be  conducted 
by  officers  of  the  Regular  Army  detailed  by  the  Secretary  of  War 
for  the  purpose,  and  may  be  located  either  within  or  without  the 
State,  Territory,  or  District  of  Columbia  to  which  the  members  of 
the  National  Guard  designated  to  attend  said  camps  shall  belong. 
Officers  and  enlisted  men  attending  such  camps  shall  be  entitled  to 
pay  and  transportation,  and  enlisted  men  to  subsistence  in  addition 
at  the  same  rates  as  for  encampments  or  maneuvers  for  field  and 
coast-defense  instruction.  To  be  immediately  available,  $500,000: 
Provided^  That  of  this  sum  $100,000,  or  as  much  thereof  as  may  be 
necessary,  is  authorized  to  be  expended  for  the  payment  of  trans- 
portation of  troops  of  the  Regular  Army  in  connection  with  joint 
camps  of  instruction  of  the  National  Guard.  Act  of  Aug.  29,  1916 
{39  Stat.  64S). 

(For  provision  relative  to  National  Guard  encampments,  maneuvers,  etc.,  see 
paragraph  1328d,   ante.) 

1331gJ.  Same. — To  provide  for  camps  of  instruction  for  the  in- 
struction of  officers  and  enlisted  men  of  the  National  Guard.  Such 
camps  shall  be  conducted  by  officers  of  the  Regular  Army  detailed 
by  the  Secretary  of  War  for  the  purpose,  and  may  be  located  either 
within  or  without  the  State,  Territory,  or  District  of  Columbia  to 
which  the  members  of  the  National  Guard  designated  to  attend  said 
camps  shall  belong.  Officers  and  enlisted  men  attending  such  camps 
shall  be  entitled  to  pay  and  transportation  and  enlisted  men  to  sub- 
sistence in  addition  at  the  same  rates  as  for  encampments  or  maneu- 


302  MILITARY   LAWS   OF   THE   UNITED  STATES,  1»15. 

vers  for  field  and  coast  defense  instruction.  Act  of  May  12^  1917  {Jfi 
Stat.  66), 

1331h.  Transportation  of  teams  to  participate  in  national  matches^ 
selection  of  and  allotment  for. — For  the  payment  of  transportation 
of  terms  authorized  bj  the  Secretary  of  War  to  participate  in  the 
national  matches,  $60,000:  Provided^  That  this  amount  shall  be  pro- 
portioned among  the  several  States,  Territories,  and  the  District  of 
Columbia  according  to  the  distance  from  the  seat  of  government  to 
the  place  where  the  national  matches  are  to  be  held:  And  provided 
further^  That  the  governors  of  the  States  or  Territories  or  the  Board 
of  Commissioners  of  the  District  of  Columbia  may  designate  which 
team  or  teams  shall  attend  from  their  respective  States,  Territories, 
or  District  of  Columbia.     Act  of  Aug.  29, 1916  {39  Stat.  6i8). 

1332a.  Detail  of  sergeants  with  the  National  Guard  and  with  dis- 
ciplinary organizations  at  United  States  Disciplinary  Barracks. — 
For  the  purpose  of  assisting  in  the  instruction  of  the  personnel  and 
care  of  property  in  the  hands  of  the  National  Guard  the  Secretary 
of  War  is  authorized  to  detail  from  the  Infantry,  Cavalry,  Field 
Artillery,  Corps  of  Engineers,  Coast  Artillery  Corps,  Medical  De- 
partment, and  Signal  Corps  of  the  Regular  Army  not  to  exceed  one 
thousand  sergeants  for  duty  with  corresponding  organizations  of 
the  National  Guard  and  not  to  exceed  one  hundred  sergeants  for 
duty  with  the  disciplinary  organizations  at  the  United  States  Disci- 
plinary Barracks,  who  shall  be  additional  to  the  sergeants  authorized 
by  this  Act  for  the  corps,  companies,  troops,  batteries,  and  detach- 
ments from  which  they  may  be  detailed.*  Sec.  36,  Act  of  June  3y 
1916  {39  Stat.  189). 

(See  paragraph  480a,  ante,  for  prior  authorization  for  detail  of  officers,  non- 
commissioned officers,  etc.,  at  the  United  States  Disciplinary  Barracks.  For 
composition  of  the  enlisted  force  of  the  Medical  Department,  the  Corps  of 
Engineers,  Signal  Corps,  troop  of  Cavalry,  Coast  Artillery  Corps,  gim  or 
howitzer  battery  of  Field  Artillery,  and  company  of  Infantry,  see  paragraphs 
756a,  784a,  890u,  1074a,  1086a,  and  1095b,  respectively.) 

1332b.  Detail  of  officers  and  enlisted  men  of  Regular  Army  to  duty 
withy'  Q-fflcers  may  accept  commissions  in  without  vacating  their 
Regular  Army  commissions. — The  Secretary  of  War  shall  detail  offi- 
cers of  the  active  list  of  the  Army  to  dut}^  ^\\i\\  the  National  Guard 
in  each  State,  Territory,  or  District  of  Columbia,  and  officers  so 

*  Held,  that  the  purpose  of  the  act  being  to  provide  for  the  detail  of  competent 
men  for  the  purposes  mentioned,  the  word  "  sergeants  "  should  be  construed  in 
its  broader  sense  so  as  to  include  the  detail  of  sergeants,  first  class,  in  the  few 
cases  where,  on  account  of  the  technical  knowledge  required,  the  instruction  of 
the  Signal  Corps  of  the  National  Guard  can  be  properly  given  only  by  such 
sergeants.     (War  Dept.  Bull.  28.  Aug.  18,  1916.) 

Held,  that  the  statute  only  authorizes  additional  sergeants,  and  that  while  it 
may  be  advisable  and  permissible  at  times  to  detail  sergeants,  first  class,  to 
duty  as  instructors  (Bull.  28,  W.  D.,  1916,  p.  9),  such  an  assignment  can  not 
operate  to  increase  the  authorized  number  of  sergeants,  first  class,  which  is 
fixed  by  law.     (War  Dept.  Bull.  3,  Jan.  19,  1917.) 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  303 

detailed  may  accept  commissions  in  the  National  Guard,*  with  the 
permission  of  the  President  and  terminable  in  his  discretion,  without 
Ta eating  their  commissions  in  the  Regular  Army  or  being  preju- 
diced in  their  relative  or  lineal  standing  therein.  The  Secretary  of 
War  may,  upon  like  application,  detail  one  or  more  enlisted  men  of 
the  Regular  Army  with  each  State,  Territory,  or  District  of  Colum- 
bia for  duty  in  connection  with  the  National  Guard.  But  nothing 
in  this  section  shall  be  so  construed  as  to  prevent  the  detail  of  retired 
officers  as  now  provided  by  law.    Sec.  100^  id.  208. 

(See  paragraphs  1333a-1333cl,  post.) 

1332c.  Temporary  vacancies  in  Regular  Army  due  to  details  in 
time  of  war. — In  time  of  war  the  temporary  vacancies  created 
in  any  grade  not  above  that  of  colonel  among  the  commissioned 
personnel  of  any  arm,  staff  corps,  or  department  of  the  Regular 
Army,  through  appointments  of  officers  thereof  to  higher  rank  in 
organizations  composed  of  members  taken  from  the  National  Guard, 
shall  be  filled  by  temporary  promotions  according  to  seniority  in 
rank  from  officers  Holding  commissions  in  the  next  lower  grade  in 
said  arm,  staff  corps,  or  department,  and  all  vacancies  created  in 
any  grade  by  such  temporary  promotions  shall  be  in  like  manner 
filled  from,  and  thus  create  temporary  vacancies  in,  the  next  lower 
grade,  and  the  vacancies  that  shall  remain  thereafter  in  said  arm, 
staff  corps,  or  department  and  that  can  not  be  filled  by  temporary 
promotions,  as  prescribed  in  this  section,  may  be  filled  by  the  tem- 
porary appointment  of  officers  of  such  number  and  grade  or  grades 
as  shall  maintain  said  arm,  corps,  or  department  at  the  full  commis- 
sioned strength  authorized  by  law.    Sec  IH^  Id.  211. 

1332d.  Sam^ — Vacancies  in  staff  corps  and  departments  to  he  filled 
by  temporary  details. — In  the  staff  corps  and  departments  subject 
to  the  provisions  of  sections  twenty-six  and  twenty-seven  of  the  act 

*  On  the  q\iestion  raised  as  to  whether  section  15  of  the  act  of  June  18,  1878 
(20  Stat,  152),  forbidding  the  employment  of  any  part  of  the  Ai-my  as  a 
posse  eomitatus  or  otherwise  to  enforce  the  laws,  except  where  expressly 
authorized* by  Ck)nj?ress,  would  preclude  an  officer  of  the  Regular  Army  serving 
under  a  commission  in  the  National  Guard  from  serving  with  the  National 
Gunrd  in  case  of  an  emergency  causing  the  governor  to  call  out  the  same. 

Held,  that  as  section  100  of  the  national-defense  act,  approved  June  3.  1916. 
authorizes  officers  of  the  Regular  Army  detailed  to  duty  with  the  National 
Guard  to  "  accept  commissions  in  the  National  Guard,  with  the  permission  of 
the  President,  determinable  in  his  discretion,"  and  as  section  61  of  the  same  act 
recognizes  the  rights  of  the  States  "  in  the  use  of  the  National  Guard  within 
their  respective  borders  in  time  of  peace,"  the  service  of  the  regular  officer 
under  his  commission  as  an  officer  of  the  National  Guard  would  not  be  a  viola- 
tion of  the  posse  eomitatus  act;  that  while  holding  a  commission  in  the  National 
Guard  under  authority  of  the  act  of  June  3,  1916,  he  would  be  under  orders  of 
the  governor  of  the  State,  and  for  the  time  being  his  status  as  a  regular  officer 
would  be  in  abeyance;  and  that  as  an  officer  of  the  National  Guard  he  would 
be  subject  to  the  lawful  orders  of  the  governor  of  the  State.  (War  Dept.  Bull. 
15,  March  24,  1917.) 


304  MILITARY  LAWS   OF   THE   UNITED   STATES,  1915. 

of  February  second,  nineteen  hundred  and  one,  and  acts  amendatory 
thereof,^  temporary  vacancies  that  can  not  be  filled  by  temporary 
promotions  as  hereinbefore  prescribed  shall  be  filled  by  temporary 
details  in  the  manner  prescribed  in  said  sections  twenty-six  and 
twenty-seven,  rnd  acts  amendatory  thereof,  and  the  resulting  tem- 
porary vacancies  in  the  branches  of  the  Army  from  which  the  details 
shall  be  so  made  shall  be  filled  as  hereinbefore  in"  this  section  pre- 
scribed.   Id.  212, 

1332e.  Same — Temporary  affointTnents  and  promotions  to  he  made 
hy  the  President  and  confirmed  hy  the  Senate. — Officers  temporarily 
promoted  or  appointed  under  the  terms  of  this  section  shall  be  pro- 
moted or  appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  for  terms  that  shall  not  extend  beyond  the 
war  or  the  passing  of  the  emergency  for  which  additional  forces  were 
brought  into  the  military  service  of  the  United  States,  and  at  the 
termination  of  the  war  or  the  passing  of  the  emergency  said  officers 
shall  be  discharged  from  the  positions  held  by  them  under  their  tem- 
porary commissions  or  appointments,  and  officers  detailed  as  herein 
authorized  shall  be  relieved  from  their  temporary  details.    Id. 

1332f.  Same — Officers  temporarily  promoted  not  to  vacate  their 
permanent  commissions,  etc. — Officers  temporarily  promoted  under 
the  provisions  of  this  section  shall  not  vacate  their  permanent  com- 
missions nor  be  prejudiced  in  their  relative  or  lineal  standing  in  the 
Eegular  Army.    Id. 

1333a.  Inspector-instructors  to  use  State  armories  for  offices. — 
Whenever  practicable  inspector-instructors  shall  use  the  State 
armories  for  offices.    Act  of  Aug.  29,  1916  (39  Stat.  6Jfl). 

(Similar  provision  in  act  of  May  12,  1917.  40  Stat.  68.) 

1333b.  Inspector-instructors  limited  to  actual  expenses  when  trav- 
eling.— Travel  of  inspector-instructors  in  making  visits  of  instruction 
to  armories,  *  *  *  ^  Provided,  That  said  inspector-instructors 
traveling  shall  not  receive  more  than  their  actual  expense  out  of  these 
appropriations.    Id.,  646. 

(Similar  provision  in  act  of  May  12,  1917.  40  Stat.  68.) 

1334a.  Officers  and  enlisted  men  attending  United  States  militanj 
schools. — Under  such  regulations  as  the  President  may  prescribe, 
the  Secretary  of  War  may,  upon  the  recommendation  of  the  governor 
of  any  State  or  Territory  or  the  commanding  general  of  the  National 
Guard  of  the  District  of  Columbia,  authorize  a  limited  number  of 
selected  officers  or  enlisted  men  of  the  National  Guard  to  attend  and 
pursue  a  regular  course  of  study  at  any  military  service  school  of  the 
United  States,  except  the  United  States  Military  Academy ;  or  to  be 
attached  to  an  organization  of  the  same  arm,  corps,  or  department  to 

*See  paragraphs  873-385,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  305 

which  such  officer  or  enlisted  man  shall  belong,  for  routine  practical 
instruction  at  or  near  an  Army  post  during  a  period  of  field  training 
or  other  outdoor  exercises;  and  such  officer  or  enlisted  man  shall  re- 
ceive, out  of  any  National  Guard  allotment  of  funds  available  for  the 
purpose,  the  same  travel  allowances  and  quarters,  or  commutation  of 
quarters,  and  the  same  pay,  allowances,  and  subsistence  to  which  an 
officer  or  enlisted  man  (^  the  Kegular  Army  would  be  entitled  for  at- 
tending such  school,  college,  or  practical  course  of  instruction  under 
orders  from  proper  military  authority,  while  in  actual  attendance  at 
such  school,  college,  or  practical  course  of  instruction.  Sec,  99,  act 
of  June  3, 1916  {39  Stat.  207), 

1334b.  Same — Pay  and  allowances  in  no  case  to  exceed  tJiose  of  a 
captain. — In  no  case  shall  the  pay  and  allowances  authorized  by  this 
section  exceed  those  of  a  captain.     Id. 

1334c.  Appropriation  for  officers  and  enlisted  men- of  National 
Guard  attending  Army  service  schools^  etc. — To  provide  for  the  at- 
tendance of  selected  officers  or  enlisted  men  of  the  National  Guard 
who  pursue  a  regular  course  of  study  at  any  military  service  school 
of  the  United  States  except  the  United  States  Military  Academy,  or 
to  be  attached  to  an  organization  of  the  same  arm,  corps,  or  depart- 
ment, to  which  such  officers  or  enlisted  men  shall  belong,  for  routine 
practical  instruction  at  or  near  an  Army  post  during  a  period  of  field 
training  or  other  outdoor  exercises ;  and  such  officer  or  enlisted  men 
shall  receive  out  of  any  National  Guard  allotment  of  funds  available 
for  the  purpose,  the  same  travel  allowances  and  quarters  or  commu- 
tation of  quarters,  and  the  same  pay,  allowance,  and  subsistence  to 
which  officers  or  enlisted  men  of  the  Regular  Army  would  be  entitled 
for  attending  such  school,  college,  or  practical  course  of  instruction 
under  orders  from  proper  military  authority  while  in  actual  attend- 
ance at  such  school,  college,  or  practical  course  of  instruction, 
$50,000:  Provided^  That  in  no  case  shall  the  pay  and  allowances 
authorized  herein  exceed  those  of  a  captain.  Act  of  Aug.  29,  1916 
(39  Stat.  646). 

1334d.  Same. — To  provide  for  the  attendance  of  selected  officers  or 
enlisted  men  of  the  National  Guard  who  pursue  a  regular  course  of 
study  at  any  military  service  school  of  the  United  States  except  the 
United  States  Military  Academy;  or  to  be  attached  to  an  organiza- 
tion of  the  same  arm,  corps,  or  department  to  which  such  officers  or 
enlisted  men  shall  belong,  for  routine  practical  instruction  at  or 
near  an  Army  post  during  a  period  of  field  training  or  other  outdoor 
exercises;  and  such  officers  ^  -^Hsted  men  shall  receive  out  of  any 
National  Guard  allotment  of  funds  available  for  the  purpose,  the 
same  travel  allowances  and  quarters  or  commutation  of  quarters,  and 
the  same  pay,  allowance,  and  subsistence  to  which  officers  or  enlisted 
men  of  the  Regular  Army  would  be  entitled  for  attending  such 
54208°— 18 20 


806  MILITARY  LAWS   OP   THE  UNITED  STATES,  1915. 

school,  college,  or  practical  course  of  instruction  under  orders  from 
proper  military  authority  while  in  actual  attendance  at  such  school, 
college,  or  practical  course  of  instruction :  Provided^  That  in  no  case 
shall  the  pay  and  allowances  authorized  herein  exceed  those  of  a 
captain.     Act  of  May  12, 1917  {JfO  Stat,  67) . 

1335a.  Adjutants  general  of  States,  duties  of. — The  adjutants  gen- 
eral of  the  States,  Territories,  and  the  District  of  Columbia  and  the 
officers  of  the  National  Guard  shall  make  such  returns  and  reports 
to  the  Secretary  of  War,  or  to  such  officers  as  he  may  designate,  at 
such  times  and  in  such  form  as  the  Secretary  of  War  may  from  time 
to  time  prescribe.^     Sec.  66,  Act  of  June  3,  1916  {39  Stat.  199). 

1335b.  Adjutants  general  of  Territories  and  District  of  Colurrihia, 
appointment  of. — The  adjutants  general  of  the  Territories  and  of 
the  District  of  Columbia  shall  be  appointed  by  the  President  with 
such  rank  and  qualifications  as  he  may  prescribe,  and  each  adjutant 
general  for  a  Territory  shall  be  a  citizen  of  the  Territory  for  which 
he  is  appointed.    Id. 

(See  paragraphs  1374,  1377,  and  1378.) 

1337a.  National  Militia  Board  ahoUslied;  Militia  Division  changed 
to  Militia  Bureau. — The  National  Militia  Board  created  by  section 
eleven  of  the  Act  of  May  twenty-seventh,  nineteen  hundred  and 
eight,^  amending  section  twenty  of  the  Act  of  January  twenty-first, 
nineteen  hundred  and  three,  shall,  from  the  date  of  the  approval  of 
this  Act,  be  abolished.  The  Militia  Division  now  existing  in  the  War 
Department  shall  hereafter  be  known  as  the  Militia  Bureau  of  said 
department,  shall,  like  other  bureaus  of  said  department,  be  under  the 
immediate  supervision  of  the  Secretary  of  War,  and  shall  not  form  a 
part  of  any  other  bureau,  office,  or  other  organization,  but  the  Chief 
of  the  Militia  Bureau^  shall  be  ex  officio  a  member  of  the  General 
Staff  Corps.    Sec.  81,  id.  203. 

1337b.  T'wo  officers  of  National  Guard  may  he  assigned  to  du'y  as 
assistants  to  chief  of  Militia  Bureau;  rank  and  pay  of. — The  Presi- 
dent may,  in  his  discretion,  assign  to  duty  in  the  Militia  Bureau  as 
assistants  to  the  chief  thereof  not  to  exceed  one  colonel  and  one  lieu- 
tenant colonel  of  the  National  Guard,  for  terms  of  four  years,  and 
any  such  officer  while  so  assigned  shall,  subject  to  such  regulations 
as  the  President  may  prescribe,  receive  out  of  the  whole  fund  appro- 
priated for  the  support  of  the  militia  the  pay  and  allowances  of  a 

^HeM,  that  in  providing  for  the  organization  of  the  National  Guard  as  a 
Federal  force  Congress  has  recognized  the  duties  of  the  several  States,  and  has 
required  or  relied  upon  their  cooperation ;  that  the  adjutant  general  is  an  official 
whom  the  act  contemplates  the  State  will  provide  and  maintain  in  the  per- 
formance of  its  duties ;  and  that  it  recognizes  the  adjutant  general  of  a  State 
as  a  State  official  onlv  and  not  as  an  officer  of  the  National  Guard.  (War  Dept. 
Bull.  18,  July  8,  1916.) 

'  See  paragraphs  1337  and  1338,  ante,  or  35  Stat,  402. 

'For  provision  in  section  3,  act  of  October  6,  1917,  giving  the  Chief  of  the 
Militia  Bureau  the  rank,  pay,  and  allowances  of  major  general,  see  paragraph  ' 
272a. 


1915.  307 

Regular  Army  officer  having  the  same  rank  and  length  of  service  as 
said  National  Guard  officer,  whose  prior  service  in  the  Organized 
Militia  shall  be  counted  in  ascertaining  his  rights  under  this  pro- 
viso.    Id. 

USE  OF  ARMED  LAND  FORCES  OF  UNITED  STATES. 

1339a.  Di^afted  into  service  of  United  States. — When  Congress 
shall  have  authorized  the  use  of  the  armed  land  forces  of  the  United 
States,  for  any  purpose  requiring  the  use  of  troops  in  excess  of  those 
of  the  Eegular  Army,  the  President  may,  under  such  regulations, 
including  such  physical  examination,  as  he  may  perscribe,  draft  into 
the  military  service  of  the  United  States,  to  serve  therein  for  the 
period  of  the  war  unless  sooner  discharged,  any  or  all  members  of  the 
National  Guard  and  of  the  National  Guard  Reserve.^    Sec.  111.  id.  Ml, 

1339b.  Sam-e — Organization  of;  subject  to  rules  and  Articles  of 
War;  discharged  from  militia. — All  persons  so  drafted  shall,  from 
the  date  of  their  draft,  stand  discharged  from  the  militia,^  and  shall 

^  It  is,  therefore,  clear  that  the  President,  iu  exercising  the  power  of  draft, 
is  not  required  to  draft  the  National  Guard  as  a  whole,  but  may  draft  a  part 
thereof,  in  his  discretion.  He  could,  therefore,  utilize  the  remainder  of  the 
National  Guard  as  a  part  of  a  Volunteer  Army  in  the  manner  presciibed  in  sec. 
3  of  the  Volunteer  Army  Act.  It  may  be  here  observed,  however,  that  enlist- 
ment in  the  Volunteer  Army  is  a  voluntary  matter,  and  the  President  can  not 
compel  the  National  Guard  organization  to  enter  the  same.  (VTar  Dept.  Bull. 
18,  July  8,  1916.) 

The  War  Department  is  under  no  necessity  to  preserve  the  integrity  of  tiie 
National  Guard  units  drafted  into  the  Federal  service.  The  National  Guard 
element  of  the  Army  of  the  United  States  is  not  to  be  distinguished  from  any 
other  com.posite  element  thereof,  and,  with  certain  exceptions  as  to  certain 
officers,  all  members  of  the  Army  of  the  United  States  are  upon  the  same  plane, 
under  the  same  legal  obligation  and  have  the  same  legal  duties.  During  the 
war  there  is  but  one  Army — the  Army  of  the  United  States — and  every  organi- 
zation, bureau  officer,  and  man  in  the  military  service  is  a  part  of  it.  Accord- 
ingly, members  of  the  Army  of  the  United  States  drafted  therein  from  Coast 
Artillery  organizations  of  the  National  Guard  have  no  more  legal  connection 
with  the  Coast  Artillerj^  than  with  any  other  branch  of  the  service  and  they 
may  be  assigned  to  any  branch  of  the  service  and  organized  and  officered  as 
the  President  sees  fit.     (Dig.  Opin.  .1.  A.  G.,  January,  1918.) 

^The  provisions  of  section  72  of  the  national  defense  act  of  June  3.  1916 
(39  Stat.  201),  that  an  enlisted  man  discharged  from  the  service  of  the 
National  Guard  shall  receive  a  discharge  in  writing  in  such  form  and  with 
'such  classification  as  is  or  shall  i)e  prescribed  for  the  Regular  Array,  does  not 
•  require  that  individual  certificates  of  discharge  should  l>e  given  by  the  proper 
j  State  officers  to  members  of  the  National  Guard  drafted  into  the  service  of 
the  United  States  under  the  provisions  of  section  111  of  said  national  defense 
act.  The  latter  section  provides  that  all  persons  so  drafted  into  the  Federal 
service  shall  from  the  date  of  their  draft  stand  discharged  from  the  militia 
an^  shall  from  said  date  be  subject  to  such  laws  and  regulations  for  the  gov- 
ernment of  the  Army  of  the  Unitetl  States,  as  may  be  applicable  to  members 
of  the  Volunteer  Army.  This  provision  does  not  discharge  the  members  of 
the  National  Guard  from  military  service  but  serves  to  divert  them  automati- 
cally of  their  militia  status  and  to  absorb  them  into  the  service  of  the  United 
States.  When  mustered  out  of  the  Federal  service  they  revert  to  their  former 
status  in  the  militia  of  the  several  States  from  which  they  were  by  the  draft 
called  into  the  Federal  service,  subject  to  the  qualification  that  the  time  spent 
in  the  service  of  the  United  States  will  count  upon  their  enlistment  or  terms  of 
conunission.  It  follows  therefore  that  it  is  neither  necessary  nor  proper  that 
individual  certificates  of  discharge  provided  for  by  section  72  should  be  issued 
to  members  of  the  militia  when  their  organizatons  are  drafted  into  the  Federal 
service.     (Dig.  Opin.  J.  A.  G.,  January,  1918. 


308  MILITARY   LAWS   OF    THE   UNITED   STATES^  1015. 

I 

from  said  date  be  subject  to  such  laws  and  regulations  for  the  gov- 
ernment of  the  Army  of  the  United  States  as  may  be  applicable  to 
members  of  the  Volunteer  Army,  and  shall  be  embodied  in  organiza- 
tions corresponding  as  far  as  practicable  to  those  of  the  Regular 
Army  or  shall  be  otherwise  assigned  as  the  President  ma}^  direct.    Id, 

1339c.  Same — Ajypointment  of  commissioned  officers. — The  com- 
missioned officers^  of  said  organizations  shall  be  appointed  from 
among  the  members  thereof,  officers  with  rank  not  above  that  of 
colonel  to  be  appointed  by  the  President  alone,  and  all  other  officers 
to  be  appointed  by  the  President  by  and  with  the  advice  and  consent 
of  the  Senate.    Id. 

1339(1.  Same — Pay  and  allowances  of  officers  and  enlisted  men. — 
Officers  and  enlisted  men  in  the  service  of  the  United  States  under 
the  terms  of  this  section  shall  have  the  same  pay  and  allowances  as 
officers  and  enlisted  men  of  the  Regular  Army  of  the  same  grades  and 
the  same  prior  service.^    Id. 

^  See  note  to  paragraph  329a  for  distinction  between  commissioned  officers  of 
the  National  Guard  drafted  into  Federal  service  and  commissioned  officers  of 
the  Regular  Army,  etc. 

^The  governor  of  a  State,  referring  to  the  opinion  of  the  Judge  Advocate 
General  dated  November  4,  191G  (Bui.  53.  S.  D.,  1916),  with  reference  to  charg- 
ing the  clothing  in  the  possession  of  the  militia  on  their  muster  into  the  Federal 
service  against  the  initial  allowance  of  the  men,  submitted  the  following 
questions : 

(a)  Whether  the  interpretation  of  the  law  as  given  in  the  said  opinion  is  not 
in  violation  of  paragraph  460,  Army  Regulations?  • 

(&)  Whether  it  does  not  have  the  effect  of  requiring  the  full  price  of  clothing 
issued  to  the  State  and  brought  with  the  National  Guard  or  Organized  Militia 
into  the  Federal  service  to  be  charged  against  the  initial  allowance  of  the 
enlisted  men? 

KelH,  with  reference  to  (a),  that  the  requirement  as  stated  in  the  said  opinion 
of  the  Judge  Advocate  General  is  contrary  to  the  terms  of  the  regulation,  but 
that  the  law  requires  that  the  militia  while  in  the  Federal  service  shall  receive 
the  same  pay  and  allowances  as  Regular  troops,  and  as  Regular  troops  are 
charged  with  the  clothing  supplied  to  them  on  enlistment,  it  follows  that  the 
clothing  with  which  the  militia  is  supplied  when  entering  the  Federal  service, 
the  clothing  having  been  furnished  by  the  Government,  must  be  charged  to 
them ;  that  the  requirement  of  the  regulation,  being  inconsistent  with  the  law, 
must  give  way  to  the  law. 

Held,  with  respect  to  (&),  that  the  opinion  of  this  office  under  consideration 
does  not  require  the  clothing  to  be  charged  at, the  full  issue  price  of  the  same, 
but  that  if  the  clothing  is  worn  it  should  be  charged  at  a  reduced  price  fixed  by 
a  surveying  officer  in  view  of  its  condition  at  the  time,  (W^ar  Dept.  Bull.  15, 
Mar.  24,  1917.) 

The  question  was  presented  for  decision  whether  enlisted  men  of  the  Organ- 
ized Militia  or  National  Guard  when  brought  into  the  service  of  the  United 
State's  under  the  militia  act  of  1903,  as  amended,  or  when  drafted  into  the 
Federal  service  under  section  111  of  the  act  of  June  3,  1916,  are  entitled  *to 
receive  additional  pay  for  qualifications  as  first  or  second  class  gunners  attained 
prior  to  their  being  brought  into  the  service  of  the  United  States. 

Held,  that  inasmuch  as  the  requirements  for  qualifications  as  gunners  are  the 
same  for  the  enlisted  men  in  the  militia  or  National  Guard  as  for  the  enlisted 
men  of  the  Regular  Army,  and  as  the  laws  relating  to  pay  give  the  militia,  when 
brought  into  the  service  of  the  United  States,  the  same  pay  and  allowances  as 
are  or  may  be  provided  by  law  for  the  Regular  Army,  they  are  entitled  to  the 
additional  pay  as  gunners  under  their  qualifications  attained  prior  to  their 
being  brought  into  the  Federal  service,  subject  to  the  conditions  imposed  by 
paragraph  1344,  AYmy  Regulations,  1913.  (Comp.  Treas.,  July  21,  1916,  War 
Dept.  Bull.  June  8,  1917.) 

In  the  case  of  certain  members  of  the  Officers'  Reserve  Corps  and  officers 


1015.  309 

1339e.  Same — Pensions. — ^When  any  officer  or  enlisted  man  of  the 
National  Guard  drafted  into  the  service  of  the  United  States  in  time 

of  the  National  Guard  on  duty  at  a  military  post,  the  question  was  raised  as 
to  the  legality  of  their  being  charged  by  the  Quartermaster  Corps  for  fuel  and 
light  consumed  by  them  in  public  quarters. 

:  Held,  that  Congress  has  very  clearly  manifested  its  intention  in  legislation 
that  National  Guard  troops  and  members  of  the  Officers'  Reserve  Corps  in 
the  active  service  of  the  United  States  shall  receive  the  same  pay  and  allow- 
ances as  is  provided  by  law  for  officers  and  enlisted  men  of  the  Regular 
Army  of  like  grades,  and  that  under  the  act  of  March  2,  1907  (34  Stat.  1167), 
all  officers  are  entitled  to  heat  and  light  actually  necessary  for  the  allowance 
of  quarters  to  which  they  are  entitled  and  have  been  assigned,  and  in  case 
National  Guard  officers  and  members  of  the  Officers'  Reserve  Corps  on  duty  at 
any  military  post  are  duly  occupying  their  authorized  allowance  of  public 
quarters  at  such  post,  they  should  not  be  charged  for  heat  and  light  actually 
necessary  for  such  quarters.     (War  Dept.  Bull.  54,  Sept.  26,  1917.) 

Officers  and  enlisted  men  of  the  National  Guard  are,  when  drafted  into 
the  Federal  service,  under  the  act  of  June  3,  1916,  entitled  to  credit  for  their 
prior  service,  both  State  and  Federal,  in  the  National  Guard,  for  purposes  of 
longevity  and  continuous-service  pay.  But  this  right  is  limited  to  those 
actually  brought  into  the  service  as  National  Guardsmen  under  the  draft.  (As 
to  rank  see  below.)      (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

An  officer  of  the  National  Army  or  of  the  Reserve  Corps  can  not  count 

prior  service  in  the  National  Guapd  in  computing  service  for  longevity  pay. 

Such  service  may  be  so  counted  only  by  officers  drafted  as  National  Guard 

,  officers,  and  only  so  long  as  they  continue  in  service  under  the  draft.     (War 

I  Dept.  Bull.  72,  Dec.  24,  1917.) 

i      Commissioned  officers  of  the  Regular  Army  who  have' had  State   (not  Fed- 

!  eral)  service  in  the  militia  or  National  Guard  are  not  entitled  to  count  such 

i  service  in  the  computation  of  their  longevity  pay.     Officers  of  the  National 

'  Guard  drafted  into  the  military  service  of  the  United  States  under  section 

111  of  the  national  defense  act  of  June  3,  1916,  are  entitled  to  have  counted 

all  legal  service  which  they  have  had  in  the  Organized  Militia  or  National 

Guard  and  in  the  Army  and  Navy,  if  any,  in  computing  their  longevity  pay. 

(War  Dept.  Bull.  75,  Dec.  31,  1917.) 

Proof  of  previous  service  in  the  National  Guard  as  a  basis  of  claim  for 
longevity  pay  on  the  part  of  a  member  of  the  National  Guard  drafted  into 
;  the  Federal  service  should  be  made  out  by  means  of  clear  and  unequivocal 
;  evidence  and  by  the  best  evidence  obtainable.     In  those  cases  where  such 
;  service  as  an  officer  or  an  enlisted  man  is  evidenced  by  a  commission,  war- 
i  rant,  oath  of  enlistment,  or  other  document,  the  claimant  should  produce,  if 
?  possible,  either  the  document  itself  or  a  certificate  from  the  adjutant  general 
of  the   State   or   the   person   in   charge   of   such   records   to   the   effect   that 
there  was  issued  or  filed  such  a  commission,   warrant,   enlistment  oath,   or 
other  document.      If   it  be  not  possible   to  produce   such  document   or   such 
certificate  as  to  the  existence  of  such  a  record,  secondary  evidence  thereof 
can  be  resorted  to  only  upon  proof  of  certificate  of  the  adjutant  general  or 
of  the   custodian   of   such   records,    showing   that   diligent    search   ha;?  been 
made  and   that  no  record  of  such   commission,   warrant,   or  enlistment  has 
been  found  or  that  such  record  has  been  lost  or  destroyed.    The  door  to  the 
admission  of  secondary  evidence  having  been  thus  opened,  proof  of  such  serv- 
ice in  the  National  Guard  should  then  be  made  by  the  best  and  most  con- 
vincing secondary  evidence  obtainable.     (Dig.  Opin.  J.  A.  G.,  January,  1918.) 

An  officer  in  the  National  Guard  of  a  State  who  resigned  his  commission 
therein  in  order  to  enter  a  reserve  officer's  training  camp  and  who  was  there- 
after commissioned  in  the  National  Army  is  not  entitled  to  longevity  pay 
under  section  111  of  the  national  defense  act  of  June  3,  1916.  When  he  en- 
tered the  training  camp  he  was  not  on  the  footing  of  a  drafted  man,  but 
was  a  oivilian  candidate  for  a  commission  in  the  Army  and  as  such  he  was 
no  longer  a  member  of  the  National  Guard;  nor  was  he  at  that  time,  or 
thereafter,  drafted  into  Federal  service.  *'  Such  officers  only  as  were  drafted 
into  Federal  service  under  section  111  of  the  national  defense  act  as  members 
of  the  National  Guard  or  National  Guard  Reserve  are  entitled  to  count  State 
service  in  the  National  Guard  for  longevity  pay  purposes."  (Comp.  Treas., 
Feb.  16,  1918;  Dig.  Opin.  J.  A.  G.,  February,  1918.) 


310  MILITARY   LAWS   OP   THE   UNITED   STATES^  1915. 

of  war  is  disabled  by  reason  of  wounds  or  disability  received  or  in- 
curred wliile  in  the  active  service  of  the  United  States  in  time  of  war, 
he  shall  be  entitled  to  all  the  benefits  of  the  pension  laws  existing  at 
the  time  of  his  service,  and  in  case  such  officer  or  enlisted  man  dies 
in  the  active  service  of  the  United  States  in  time  of  war  or  in  return- 
ing to  his  place  of  residence  after  being  mustered  out  of  such  service, 
or  at  any  other  tim^  in  consequence  of  wounds  or  disabilities  received 
in  such  active  service,  his  widow  and  children,  if  any,  shall  be  en- 
titled to  all  the  benefits  of  such  pension  laws.^     Sec.  112^  id, 

(See  paragi-aphs  1348  and  1339.1.) 

1339f.  Physical  examination  of  oficers  and  enlisted  m-en  on  being 
called  into  service  of  United  States. — Every  officer  and  enlisted  man 
of  the  National  Guard  who  shall  be  called  into  the  service  of  the 
United  States  as  such  shall  be  examined  as  to  his  physical  fitness 
under  such  regulations  as  the  President  may  prescribe  without  fur- 
ther commission  or  enlistment.^    Sec.  115^  id.  212. 

1339g.  Sanie — Physical  examination  prior  to  muster  out. — ^Imme- 
diately preceding  the  muster  out  of  an  officer  or  enlisted  man  called 
into  the  active  service  of  the  United  States  he  shall  be  physically 
examined  under  rules  prescribed  by  the  President  of  the  United 
States,  and  the  record  thereof  shall  be  fikd  and  kept  in  the  War 
Department.     Id. 

^  Under  section  112  of  the  national-defense  act  of  .Tune  3,  1916.  officers  of  the 
National  Guard  drafted  into  the  service  of  the  Ignited  States  are  entitled  to  the 
benefits  of  the  pension  laws.  By  section  2  of  the  selective-draft  act  of  May  18, 
1917,  the  laws  and  regulations  governing  the  Regular  Army,  except  as  to  promo- 
tions, apply  to  such  officers  so  drafted  in  so  far  as  such  laws  and  regulations 
are  applicable  to  persons  whose  permanent  retention  in  the  military  service  is 
not  contemplated  by  existing  law.  It  is  not  contemplated  that  officers  drafted  into 
tlie  service  are  to  be  permanently  retained  therein.  Therefore  the  laws  gov- 
erning I'etirement  do  not  apply  to  them,  but  the  pension  laws  do  apply.  (War 
Dept.  Bull.  75,  Dec.  31,  1917.) 

^ Held  as  follows:  Under  the  national-defense  act  the  National  Guard  occu- 
pies a  dual  statue,  i.  e.,  as  a  national  force  and  also  as  a  State  force,  and  no 
officer  or  enlisted  man  can  remain  a  member  unless  he  is  physically  qualified 
for  Federal  service.  Congress  has  prescribed  the  qualifications  for  commission 
or  enlistment  in  the  National  Guard  and  has  asserte<l,  on  behalf  of  the  United 
States,*  the  authority  to  prescribe  the  conditions  under  which  enlistments  and 
discharges  in  and  from  the  National  Guard  shall  be  made.  Section  72  of  the 
national-defense  act  restricts  discharges  in  time  of  peace,  so  that  no  discharge 
may  be  given  in  time  of  peace  "  piior  to  the  expiration  of  terms  of  enlistment," 
e:s:eept  "  under  such  regulations  as  the  I^-esident  may  prescribe."  Section  115 
provides  for  a  medical  examination  to  determine  th<^  physical  condition  of  the 
officers  and  enlisted  men  when  called  into  the  service  of  the  United  States, 
and  it  appears  clear  that  an  officer  or  enlisted  man,  upon  being  examined  as 
required  in  that  section  and  found  physically  defective,  must  be  discharged 
not  only  from  the  operation  of  the  call  into  the  Federal  service,  but  also  from 
the  National  Guard.  In  the  case  of  an  enlisted  man  the  discharge,  when 
ordered,  should  be  effected  by  a  discharge  in  writing,  signed  by  the  proper 
National  Guard  commander,  under  the  provisions  of  section  72  of  the  national- 
defense  act,  and  should  be  so  worded  as  to  show  that  it  is  a  discharge  not 
only  from  the  operation  of  tlie  Federal  call,  but  also  from  the  National  Guard. 
With  respect  to  a  commissioned  officer,  a  discharge  should  be  ordered  by  the 
President  and  should  purport  to  be  a  discharge  from  the  National  Guard. 
(War  Dept.  Bull.  28,  Aug.  18,  1916.) 


MILITARY  LAWS   OF   THE   UNITED  STATES,  1915.  311 

1339h.  Congress  dedures  emergeney  to  exist  and  authorizes  draft- 
ing of  the  National  Guards  the  Organized  Militia^  and  Organized 
Militia  Reserves. — In  the  opinion  of  the  Congress  of  the  United 
States  an  emergency  now  exists  which  demands  the  use  of  troops  in 
addition  to  the  Regular  .Army  of  the  United  States,  and  that  the 
President  be,  and  he  is  hereby,  authorized  to  draft  into  the  military 
service  of  the  United  States,  under  the  provisions  of  section  one  hun- 
dred and  eleven  of  the  national  defense  Act  approved  June  third, 
nineteen  hundred  and  sixteen,  so  far  as  the  provisions  of  said  section 
may  be  applicable  and  not  inconsistent  w^ith  the  terms  hereof,  any 
or  all  members  of  the  National  Guard  and  of  the  Organized  Militia 
of  the  several  States,  Territories,  and  the  District  of  Columbia  and 
any  and  all  members  of  the  National  Guard  and  Organized  Militia 
Reserves,  to  serve  for  the  period  of  the  emergency,  not  exceeding 
three  j^ears,  unless  sooner  discharged.  Sec.  i,  Joint  Resolution 
of  July  1, 1916  {39  Stat.  339). 

13391.  Same — Pei^sons  so  drafted  to  stand  discharged  from  militia 
(luring  feriod  of  their  service. — All  persons  so  drafted  shall,  from 
the  date  of  their  draft,  stand  discharged  from  the  militia  during  the 
period  of  their  service  under  said  draft.    Id.  31^0. 

1339J.  Same — Pensions. — The  provisions  of  section  one  hundred 
and  twelve  of  the  national  defense  Act  of  June  third,  nineteen  hun- 
dred and  sixteen,  shall  be  applicable  to  any  officer  or  enlisted  man 
drafted  into  the  service  of  the  United  States  pursuant  to  the  j)rovi- 
sions  of  this  joint  resolution.^    Sec.  ^,  id. 

1339k.  Same — Organization  of  drafted  units  and  appointinent  of 
officers  for  same. — When  organizations  the  members  of  which  are 
drafted  under  the  provisions  of  this  resolution  do  not  constitute  com- 
plete tactical  units  the  President  may,  by  combining  such  organiza- 
tions, organize  battalions,  regiments,  brigades,  and  divisions,  and 
may  appoint  officers  for  such  units  from  the  Regular  Army,  from  the 
members  of  such  organizations,  from  those  duly  qualified  and  regis- 
tered pursuant  to  section  twenty-three  of  the  Act  of  Congress  ap- 
proved January  twenty-first,  nineteen  hundred  and  three,^  or  mem- 
bers of  the  Officers'  Reserve  Corps  as  provided  in  section  thirty-eight 
of  the  national  defense  Act  of  June  third,  nineteen  hundred  and  six- 
teen, officers  with  rank  not  above  that  of  colonel  to  be  appointed  by 
the  President  alone  and  all  other  officers  to  be  appointed  by  the  Presi- 
dent, by  and  Avith  the  advice  and  consent  of  the  Senate.    Sec.  5,  id. 

13391.  Same — Vacancies  in  Regular  Army  caused  l)y  appointnient 
of  officers  to  positions  in  drafted  forces^  filling  of. — Vacancies  inci- 
dent to  the  appointment  of  officers  of  tlie  Regular  Army  to  the  posi- 

*  See  par.  1339e,  ante. 

'  See  footnote  to  paragraph  1388,  ante,  for  law  authorizing  list  of  eligibles  for 
commissions. 


812  MILITARY  LAWS   OF   THE   UNITED  STATES^  1915. 

tions  in  the  forces  drafted  for  this  emergency  may  be  filled  under  the 
provisions  of  section  eight  of  the  Act  of  April  twenty-fifthj  nine- 
teen hundred  and  fourteen.^    Id. 

1339111.  Same — Ranh  and  command^  officers  of  same  grade. — AVhen- 
ever  in  time  of  war  or  public  danger  or  during  the  emergency  de- 
clared in  section  one  of  this  resolution,  two  or  more  officers  of  the 
same  grade  are  on  duty  in  the  same  field,  department,  or  command, 
or  organizations  thereof,  the  President  may  assign  the  command  of 
the  forces  of  such  field,  department,  or  command,  or  of  any  organiza- 
tion thereof,  without  regard  to  seniority  of  rank  in  the  same  grade. 
In  the  absence  of  such  assignment  by  the  President,  officers  of  the 
same  grade  shall  rank  and  have  precedence  in  the  following  order 
without  regard  to  date  of  rank  or  commission  as  between  officers 
of  different  classes,  namely :  First,  officers  of  the  Regular  Army  and 
officers  of  the  Marine  Corps  detached  for  service  with  the  Army  by 
order  of  the  President;  second,  officers  of  forces  drafted  into  the 
military  service  of  the  United  States.     Sec.  4,  id. 

1339n.  Sam£ — Ranh  and  precedence  of  o-fflcers  of  Regular  Army 
holding  commissions  in  drafted  forces. — Officers  of  the  Regidar  Army 
holding  commissions  in  forces  drafted  into  the  service  of  the  United 
States  shall  rank  and  have  precedence  under  said  commissions  as  if 
they  were  commissioned  in  the  Eegular  Army;  but  the  rank  of 
officers  of  the  Regular  Army  under  their  commissions  in  the  forces 
drafted  into  the  service  of  the  United  States  shall  not  for  the  purpose 
of  this  resolution  be  held  to  antedate  muster  or  draft  into  the  service 
of  the  United  States.    Id. 

1339o.  Officers  and  enlisted  men  of  National  Guard  and  Medical 
Reserve  Corps  who  are  Government  employees  and  responded  to 
the  call  to  he  restored  to  their  positions  at  expiration  of  their 
military  service. — All  officers  and  enlisted  men  of  the  National 
Guard  and  of  the  Medical  Reserve  Corps  of  the  Army  who  are 
Government  employees  and  who  respond  to  the  call  of  the  Presi- 
dent for  service  shall,  at  the  expiration  of  the  military  service  to 
which  they  are  called,  be  restored  to  the  positions  occupied  by  them 
at  the  time  of  the  call.    Act  of  Aug.  29,  WIG  {39  Stat.  6U). 

1339p.  Draft,  organize.,  and  officer  National  Guard  and  National 
Guard  Reserve. — To  draft  into  the  military  service  of  the  United 
States,  organize,  and  officer,  in  accordance  with  the  provisions  of  sec- 
tion one  hundred  and  eleven  ^  of  said  national  defense  Act,  so  far  as 
the  provisions  of  said  section  may  be  applicable  and  not  inconsistent 
with  the  terms  of  this  Act,  any  or  all  members  of  the  National  Guard- 
and  of  the  National  Guard  Reserves,  and  said  members  so  drafted 
into  the  military  service  of  the  United  States  shall  serve  therein  for 

*  See  par.  1389,  ante. 

'Paragraph  1339a,  ante,  or  39  Stat.  211. 


MILITARY  LAWS   OP   THE   UNITED   STATES^  1915.  313 

the  period  of  the  existing  emergency  unless  sooner  discharged.^    Par, 

2,  Sec.  i,  Act  of  May  18, 1917  {40  Stat.  76), 

(For  provision  autliorizing  the  raising  of  the  enlisted  men  of  the  National 
Guard  drafted  into  the  service  of  the  United  States  to  their  maximum  legal 
strength  by  voluntary  enlistment  or  by  selective  draft,  see  paragraph  1637, 
post.) 

133Sq.  Same — State  designations  of  organizations  to  he  retained. — 

When  so  drafted  the  organizations  or  units  of  the  National  Guard 

shall,  so  far  as  practicable,  retain  the  State  designations  of  their 

respective  organizations.     Id. 

(For  paragraph  1  of  this  section,  see  paragraphs  331ci  and  331cl,  ante.) 

1342a.  Subject  to  rules  and  articles  of  war  when  called  into  service 

of  United  States. — The  National  Guard  when  called  as  such  into  the 

service  of  the  United  States  shall,  from  the  time  they  are  required 

by  the  terms  of  the  call  to  respond  thereto,  be  subject  to  the  laws 

and  regulations  governing  the  Regular  Army,  so  far  as  such  laws 

and  regulations  are  applicable  to  officers  and  enlisted  men  whose 

permanent  retention  in  the  military  service,  either  on  the  active  list 

or  on  the  retired  list,  is  not  contemplated  by  existing  law.^    Sec.  101^ 

Act  of  June  3, 1916  {39  Stat. 


*An  officer  of  the  National  Guard  drafted  into  the  service  of  the  United 
States  by  the  proclamation  of  the  President  of  July  3,  1917,  pursuant  to  the 
provisions  of  the  selective  draft  act  of  May  18,  1917,  may  be  discharged  in 
either  of  the  two  ways  prescribed  by  section  9  of  the  act.  Such  an  officer  is 
not  entitled  to  the  right  to  appear  before  a  retiring  board  as  provided  by  law 
for  officers  of  the  Regular  Army  and  has  no  right  under  the  law  to  be  heard 
by  any  board  if  the  President  determines  that  his  discharge  would  promote  the 
public  service.  As  to  the  procedure  of  retiring  boards  see  Ops.  J.  A.  G.  210.81, 
Jan.  14,  1918.     (Dig.  Opin.  J.  A.  G.,  January,  1918.) 

Members  of  the  Quartermaster  Corps  and  of  the  Ordnance  and  Medical 
Departments  of  the  New  York  National  Guard,  designated  by  the  Militia  Bureau 
of  the  War  Department  in  Circular  29,  paragraph  7,  as  "  attached  personnel " 
do  not  come  within  the  President's  proclamation  of  July  3,  1917,  drafting  into 
the  service  of  the  United  States  the  National  Guard  of  the  several  States; 
but  are  specifically  excluded  therefrom,  being  members  of  the  staff  corps  and 
departments  not  included  in  the  personnel  of  tactical  organizations.  Where  the 
services  of  any  or  all  members  of  the  attached  personnel  are  desired  by  the 
Federal  Government  an  order  should  be  issued  under  authority  of  the  President 
drafting  them  into  the  service  of  the  United  States,  and  such  men  as  are  to  be 
used  in  noncommissioned  grades  should  be  appointed  noncommissioned  officers 
in  the  Army  of  the  United  States.     (Id.) 

The  national  defense  act  does  not  recognize  Individuals  as  national  guards- 
men, except  as  they  form  component  parts  of  an  organization  which  conforms 
to  the  standards  therein  prescribed.  A  National  Guard  regiment  which  was 
authorized  by  the  President,  but  which  did  not  conform  to  the  requirements  of 
tlie  national  defense  act  at  the  time  of  the  drafting  of  the  National  Guard  on 
August  5,  1917,  was  not  included  in  such  draft  and  the  individual  members  of 
such  regiment  were  not  affected  by  it.     (Id.) 

^  Upon  the  recommendation  that  prompt  action  be  taken  to  apprehend  and 
punish  such  members  of  National  Guard  organizations  as  may  have  failed  to 
respond  to  the  call  of  March  25,  1917 : 

Held,  that  the  said  call  embraced  only  organizations  of  the  National  Guard 
and  did  not  include  members  of  the  Organized  Militia  who  failed  to  qualify 
under  the  national  defense  act  of  June  3,  1916 ;  that  by  the  terms  of  section  101 
of  that  act  "  The  National  Guard,  when  called  as  such  into  the  service  of  the 
United  States,  shall,  from  the  time  they  are  required  by  the  terms  of  the  call 


314  MILITARY  LAWS   OF   THE   UNITED  STATES^  1915. 

COURT-MARTIAL. 

.1343a.  System  of  courts -martial  for  when  not  in  service  of  United 
States. — Except  in  organizations  in  the  semace  of  the  United  States, 
court-martial  in  the  National  Guard  shall  be  of  three  kinds,  namely, 
general  courts-martial,  special  courts-martial,  and  summary  courts- 
martial.  They  shall  be  constituted  like,  and  have  cognizance  of  the 
same  subjects,  and  possess  like  powers,  except  as  to  punishments,  as 
similar  courts  provided  for  by  the  laws  and  regulations  governing 
the  Army  of  the  United  States,  and  the  proceedings  of  courts-martial 
of  the  National  Guard  shall  follow  tHe  forms  and  modes  of  procedure 
prescribed  for  said  similar  courts.    Sec.  102^  id, 

1343b.  Same — Convening  authonty  and  jurisdiction  of  general 
coitrt8-m,artial. — General  courts-martial  of  the  National  Guard  not 
in  the  service  of  the  United  States  may  be  convened  by  orders  of  the 
President,  or  of  the  governors  of  the  respective  States  .and  Terri- 
tories, or  by  the  commanding  general  of  the  National  Guard  of  the 
District  of  Columbia,  and  such  courts  shall  have  the  power  to  impose 
fines  not  exceeding  $200 ;  to  sentence  to  forfeiture  of  pay  and  allow- 
ances; to  a  reprimand;  to  dismissal  or  dishonorable  discharge  from 
the  service ;  to  reduction  of  noncommissioned  officers  to  the  ranks ;  or 
any  two  or  more  of  such  punishments  may  be  combined  in  the  sen- 
tences imposed  by  such  courts.    Sec.  103^  id. 

1343c.  Same — Convening  authority  and  jurisdiction  of  special 
eourts-martial. — In  the  National  Guard,  not  in  the  service  of  the 
United  States,  the  commanding  officer  of  each  garrison,  fort,  post, 
camp,  or  other  place,  brigade,  regiment,  detached  battalion,  or  other 
detached  command,  may  appoint  special  courts-martial  for  his  com- 
mand ;  but  such  special  courts-martial  may  in  any  case  be  appointed 
by  superior  authority  when  by  the  latter  deemed  desirable.  Special 
courts-martial  shall  have  power  to  try  any  person  subject  to  mili- 
tary law,  except  a  commissioned  officer,  for  any  crime  or  offense  made 
punishable  by  the  military  laws  of  the  United  States,  and  such  special 
courts-martial  shall  have  the  same  powers  of  punishment  as  do 
general  courts-martial,  except  that  fines  imposed  by  such  courts  shall 
not  exceed  $100.    Sec.  10^,  id. 

1343d,  Same — Convening  authority  and  jmisdiction  of  summary 
courts. — In  the  National  Guard,  not  in  the  service  of  the  United 
States,  the  commanding  officer  of  each  garrison,  fort,  post,  or  other 
place,  regiment  or  corps,  detached  battalion,  company,  or  other  de- 

to  respond  thereto,  be  subject  to  the  laws  and  regulations  governing  the  Regular 
Army ;  "  that  their  failure  to  respond  renders  them  punishable  under  the 
Articles  of  War  for  disobeying  the  orders  of  the  President  for  their  mobiliza- 
tion, and,  if  the  circumstances  evidence  an  intent  to  abandon  the  Federal  serv- 
ice, also  for  desertion;  and  that  they  may  be  charged  with  either  offense,  or 
both,  and  tried  therefor  by  court-martiaL    (War  Dept.  Bull.  34,  June  8,  1917.) 


MILITABY  LAWS  OF   THE   UNITED  STATES,  1915.  315 

tacliment  of  the  National  Guard  may  appoint  for  such  jDlace  or  com- 
mand a  summary  court  to  consist  of  one  officer,  who  shall  have  power 
to  administer  oaths  and  to  try  the  enlisted  men  of  such  place  or  com- 
mand for  breaches  of  discipline  and  violations  of  laws  governing  such 
organizations;  and  said  court,  when  satisfied  of  the  guilt  of  such 
soldier,  may  impose  fines  not  exceeding  $25  for  any  single  offense; 
n?ay  sentence  noncommissioned  officer  to  reduction  to  the  ranks ;  may 
sentence  to  forfeiture  of  pay  and  allowances.  The  proceedings  of 
such  court  shall  be  informal,  and  the  minutes  thereof  shall  be  the 
same  as  prescribed  for  summary  courts  of  the  Army  of  the  United 
States.     Sec.  105,  id. 

1343e.  Same — All  courts-martial  mxiy  impose  confinement  in  lieu 
of  authorized  fines. — All  courts-martial  of  the  National  Guard,  not  in 
the  service  of  the  United  States,  including  summary  courts,  shall 
have  power  to  sentence  to  confinement  in  lieu  of  fines  authorized  to 
be  imposed :  Provided,  That  such  sentences  of  confinement  shall  not 
exceed  one  day  for  each  dollar  of  fine  authorized.     Sec,  106,  id.  209, 

1343f.  Same — Approval  of  sentence  of  dismissal  or  dishonorcdde 
discharge. — No  sentence  of  dismissal  from  the  service  or  dishonorable 
discharge,  imposed  by  a  National  Guard  court-martial,  not  in  the 
service  of  the  United  States,  shall  be  executed  until  approved  by  the 
governor  of  the  State  or  Territory  concerned,  or  by  the  commanding 
general  of  the  National  Guard  of  the  District  of  Columbia.  Sec. 
m,  id. 

1343g.  Same — Presidents  of  courts-martial  and  summary  court 
officers  empowered  to  issue  icarrants  for  arrest  of  accused  and  other 
necessary  process. — In  the  National  Guard,  not  in  the  service  of  the 
United  States,  president.s  of  courts-martial  and  summary  court  offi- 
cers shall  have  power  to  issue  warrants  to  arrest  accused  persons  and 
to  bring  them  before  the  court  for  trial  whenever  such  p^*sons  shall 
have  disobeyed  an  order  in  wiiting  from  the  convening  authority  to 
appear  before  such  court,  a  copy  of  the  charge  or  charges  having 
been  delivered  to  the  accused  with  such  order,  and  to  issue  subpoenas 
and  subpoenas  duces  tecum  and  to  enforce  by  attachment  attendance 
of  witnesses  and  the  production  of  books  and  papers,  and  to  sentence 
for  a  refusal  to  be  sworn  or  to  answer  as  provided  in  actions  before 
civil  courts.     Sec.  108,  id, 

1343h.  Same — All  processes  and  sentences  of  courts  to  'be  executed 
hy  prescribed  civil, officers. — ^All  processes  and  sentences  of  said  courts 
shall  be  executed  by  such  civil  officers  as  may  be  prescribed  by  the 
laws  of  the  several  States  and  Territories,  and  in  any  State  where 
no  provision  shall  have  been  made  for  such  action,  and  in  the  Terri- 
tories and  the  District  of  Columbia,  such  processes  and  sentences  shall 
be  executed  by  a  United  States  marshal  or  his  duly  appointed  deputy, 


316  MILITARY  LAWS   OF   THE  UNITED  STATES,  1915. 

and  it  shall  be  the  duty  of  any  United  States  marshal  to  execute  all 
such  processes  and  sentences  and  make  return  thereof  to  the  officer 
issuing  or  imposing  the  same.     Id, 

ENLISTMENTS. 

1344a.  Period  of, — Hereafter  the  period  of  enlistment  in  the  Na- 
tional Guard  shall  be  for  six  years,  the  first  three  years  of  which 
sliall  be  in  an  active  organization  and  the  remaining  three  years  in 
the  National  Guard  Eeserve/  hereinafter  provided  for,  and  the 
qualifications  for  enlistment  shall  be  the  same  as  those  prescribed 
for  admission  to  the  Regular  Army.^    Sec.  69,  id.  200. 

1344b.  Same — May  he  active  during  entiix  enlistment  period,  with 
right  to  reenlist. — In  the  National  Guard  the  privilege  of  continuing 
in  active  service  during  the  whole  of  an  enlistment  period  and  of 

9 

*  See  paragraph  1325o,  ante. 

^  Held,  that  those  members  so  qualified  M'ho  are  in  the  active  service  of  tlie 
United  States  under  the  President's  call  of  June  18,  1916,  which  all  did  not 
include  the  National  Guard  Reserve,  are  entitled  to  be  mustered  out  of  the 
active  service  at  the  end  of  their  active  enlistment  period  of  three  years  for 
the  purpose  of  taking  their  place  in  the  National  Guard  Reserve,  and  that  they 
can  not  be  held  for  further  active  service  against  their  will,  but  that  they 
have  the  privilege,  under  section  G9  of  the  national  defense  act,  of  continuing 
in  the  active  service  during  the  whole  of  the  enlistment  period;  and  further, 
that  they  may,  with  the  concurrence  of  the  War  Department,  elect  to  continue 
in  active  service  for  such  portion  of  the  remaining  three  years  during  which  the 
National  Guard  shall  remain  in  active  Federal  service.  (War  Dept.  Bull.  28, 
Aug.  18,  1916.) 

Roach  enlisted  on  April  24,  1914,  in  the  Alabama  National  Guard  for  the 
period  of  three  years.  On  June  29,  1916,  he  took  the  oath  prescribed  by  sec- 
tion 70  of  the  national-defense  act.  On  July  1,  1916,  the  company  of  which 
Roach  was  a  member  was  mustered  into  the  service  of  the  United  States.  On 
April  24, 1917,  Roach  requested  to  be  furloughed  to  the  National  Guard  Reserve, 
but  his  papers  were  not  properly  made  out  He  continued  to  do  duty  until 
June  22,  1917,  when  his  company  commander  again  sent  a  request  that  Roach 
be  furloughed  to  the  Reserve.  While  awaiting  action  on  the  request  the  com- 
pany commander  permitted  him  to  surrender  all  Government  property,  gave 
him  transportation  to  his  home,  and  directed  him  to  go  there  and  await  receipt 
of  papers  evidencing  his  furlough.  On  July  26,  1917,  Roach's  request  for  fur- 
lough to  the  Reserve  was  returned  from  headquarters  disapproved.  Shortly 
thereafter,  and  prior  to  August  5,  1917,  Roach  was  informed  that  his  request 
for  furlough  had  been  denied  and  was  ordered  to  report  back  to  his  company 
for  service.  This  he  declined  to  do,  and  had  an  altercation  with  the  officer  wlio 
ordered  him  to  return  to  his  company.  He  was  placed  in  the  Montgomery 
County  jail  under  arrest  pending  his  trial  by  military  authorities  on  the 
charge  of  striking  a  superior  officer.  He  secured  a  writ  of  habeas  corpus. 
The  return  of  the  sheriff  to  the  writ  showed  that  he  was  holding  Roach  under 
the  circumstances  above  stated. 

Held,  That  under  the  provisions  of  the  national-defense  act  an  enlisted  man 
is  not  automatically  furloughed  to  the  Reserve  upon  the  expiration  of  his  enlist- 
ment ;  that  the  acts  of  the  company  captain  without  the  approval  of  the  War 
Department  could  not  operate  as  a  discharge  of  Roach  or  as  a  furlough  to  the 
Reserve ;  and  that  Roach  be  remanded  to  the  custody  of  the  United  States  mili- 
tary authorities  and  his  petition  for  discharge  on  habeas  corpus  be  denied  and 
dismiiised.  (Ex  parte  Roach  (U.  S.  Dist.  Ct.  N.  D.  Ala.,  Aug.  14,  1917),  244 
Fed.  625.    War  Dept.  Bull.  67,  Nov.  30,  1917.) 


MILITARY   LAWS   OF   THE   UNITED   STATES^  1915.  317 

reenlisting  in  said  service  shall  not  be  denied  by  reason  of  anything 
contained  in  this  Act.*    Id. 

1344c.  Federal  enlistment  contract  and  c>aif^.— Enlisted  men  in  the 
National  Guard  of  the  several  States,  Territories,  and  the  District 
of  Columbia  now  serving  under  enlistment  contracts  which  contain 
an  obligation  to  defend  the  Constitution  of  the  United  States  and 
to  obey  the  orders  of  the  President  of  the  United  States  shall  be 
recognized  as  members  of  the  National  Guard  under  the  provisions 
of  this  Act  for  the  unexpired  portion  of  their  present  enlistment 
contracts.  When  any  such  enlistment  contract  does  not  contain  such 
obligation,  the  enlisted  man  shall  not  be  recognized  as  a  member  of 
the  National  Guard  until  he  shall  have  signed  an  enlistment  contract 
and  taken  and  subscribed  to  the  following  oath  of  enlistment,  upon 
signing  which  credit  shall  be  given  for  the  period  already  served 
under  the  old  enlistment  contract :  "  I  do  hereby  acknowledge  to  have 

^Ileld,  that  the  sense  of  the  above  statutory  provision  is  that  an  enlisted 
man  of  the  National  Guard  who  elects  to  remain  in  service  instead  of  being  fur- 
loughed  to  the  National  Guard  Reserve  at  the  expiration  of  the  first  three-year 
period  of  his  enlistment  must  make  the  election  as  to  the  whole  of  his  enlist- 
ment period,  and  that  the  soldier  in  the  instant  case  could  not  elect  to  remain 
in  the  active  service  only  one  year  of  the  remaining  three  years  of  his  enlist- 
ment period.     (AVar  Dept  Bull.  47,  Nov.  16,  1916.) 

A  soldier  in  a  National  Guard  organization  was,  through  misinterpretation 
of  the  regulations  governing  the  National  Guard  Reserve,  continued  in  the 
active  service  after  the  expiration  of  his  active  enlistm.ent,  and  it  was  asked 
whether  he  might  be  continued  in  the  active  service  and  be  allowed  pay  for 
the  time  already  served. 

Held,  that,  while  the  term  of  enlistment  prescribed  by  the  national-defense 
act  would  seem  to  involve  an  automatic  passing  to  the  reserve  at  the  expira- 
tion of  the  active  period  of  enlistment,  such  a  deduction  can  not  be  held  to 
interfere  with  the  soldier's  privilege  of  continuing  in  the  active  service,  in 
view  of  the  proviso  of  section  69,  national-defense  act,  reading :  "  that  in  the 
National  Guard  the  privilege  of  continuing  in  active  service  during  the  whole 
of  an  enlistment  period  *  *  *  shall  not  be  denied  by  reason  of  anything 
contained  in  this  act" ;  and  that  since  the  soldier  referred  to  in  the  inquiry 
desired  to  continue  in  the  active  service,  and  actually  did  so,  he  may  properly 
be  regarded  as  having  legally  continued  in  active  service,  his  service  in  that  ca- 
pacity having  been  accepted  by  proper  authority.  (War  Dept.  Bull.  34,  June  8, 
1917.) 

Upon  questions  (a)  whether  soldiers  could  legally  be  discharged  by  reason  of 
expiration  of  term  of  enlistment  subsequent  to  the  passage  of  the  act  of  May 
18,  1917,  and  (b)  whether  that  act  was  effective  to  continue  in  force  enlist- 
ments in  the  National  Guard, 

Held,  that  question  (a)  must  be  answered  in  the  negative  since  the  provision 
contnined  in  section  7  of  the  act  of  May  18,  1917,  is  an  inhibition  against  dis- 
charges unless  ordered  by  the  Secretary  of  War  under  his  general  power  to 
grant  discliarges  in  the  interest  of  the  Government,  and  since  the  soldier's 
enlistment  is  prolonged  for  the  period  of  the  emergency  by  the  provision,  a 
discharge  for  the  purpose  of  immediate  enlistment  would  involve  administra- 
tive labor  and  a  multiplication  of  records  without  any  resultant  benefit  to  the 
Government. 

Held  further  as  to  question  (&),  that  since  the  provision' quoted  is  applicable 
to  "  all  enlistments,"  it  is  applicable  to  enlistments  in  the  National  Guard, 
they  being  enlistments  in  the  National  Guard  of  the  Uniteil  States  as  well  as 
in  the  National  Guard  of  a  State;  and  the  question  is  answered  in  the  affirma- 
tive.    (War  Department  Bull.  49,  Aug.  22  ,1917.) 


818  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

voluntarily  enlisted  this  —  day  of  ,  19 — ,  as  a  soldier  in  the 

National  Guard  of  the  United  States  and  of  the  State  of ,  for 

the  period  of  three  years  in  service  and  three  years  in  the  reserve, 
under  the  conditions  prescribed  b^^  law,  unless  sooner  discharged  by 
proper  authority.  And  I  do  solemnly  swear  that  I  will  bear  true 
faith  and  allegiance  to  the  United  States  of  America  and  to  the  State 

of ,  and  that  I  will  serv^e  them  honestly  and  faithfully  against 

all  their  enemies  whomsoever,  and  that  I  will  obey  the  orders  of  the 
President  of  the  United  States  and  of  the  governor  of  the  State 

of  : — ,  and  of  the  officers  appointed  over  me  according  to  law 

tmd  the  Eules  and  Articles  of  War."  ^     Sec.  70,  id.  201, 

1344:d.  Same — Applies  to  all  subsequent  enlistTnents. — Hereafter 
all  men  enlisting  for  service  in  the  National  Guard  shall  sign  an 
enlistment  contract  and  take  and  subscribe  to  the  oath  prescribed 
in  the  preceding  section  of  this  Act.    Sec.  71,  id. 

1344€.  Discharge,  form  of;  mm/  he  issued  in  time  of  peace  hefore 
expiration  of  term  of  enlistment. — An  enlisted  man  discharged  from 
service  in  the  National  Guard  shall  receive  a  discharge  in  writing 
in  such  form  and  with  such  classification  as  is  or  shall  be  pre- 
scribed for  the  Regular  Army  and  in  time  of  peace  discharges  may 
be  given  prior  to  the  expiration  of  terms  of  enlistment  under  such 
regulations  as  the  President  may  prescribe.-    See.  72,  id. 

^  In  certain  National  Guard  organizations  rer>pontling  to  tlie  President's  call 
of  March  27,  1917,  were  found  members  wlio  had  not  qualified  as  national 
guardsmen  under  section  70  of  the  act  of  June  3,  1916. 

-^lield,  that  inasmuch  as  the  President's  call  of  March  27,  1917,  applied  only 
to  the  National  Guard  the  soldiers  in  question,  as  menil>ers  of  the  Organized 
Militia,  were  under  no  obligation  to  respond  thereto,  and  the  fact  that  they 
appeared  for  service  in  the  National  Guard  organizations  di<l  not  operate  to 
create  any  obligation  on  the  part  of  the  Government  to  pay  or  provide  for 
them ;  and  that  therefore,  while  they  still  remained  subject,  as  organized 
militiamen  to  be  called  into  the  Federal  service  as  such,  they  should  bo  dropped 
from  the  National  Guard  rolls  for  failure  to  qualify  as  national  guardsmen. 
(War  Dept.  Bull.  34,  June  8,  1917.) 

Where  an  enlisted  man  of  the  Organized  Militia  called  out  in  tiie  national 
defense  refused  to  take  the  Federal  enlistment  oath  prescribed  in  the  act  of 
June  3,  1916,  or  to  be  formally  mustered  into  the  Fetleral  service,  but  who  was 
treated  in  all  respects  as  a  member  of  the  organization  in  that  service  and 
was  required  to  perform  all  the  duties  of  a  soldier  from  the  date  of  his  enlist- 
ment to  the  date  of  his  muster  out. 

Held,  that  he  was  entitled  to  pay  as  a  member  of  the  organization  during 
th€  period  referred  to. 

(Comp.  Treas.,  May  12,  1917;  War  Dept.  Bull.  July  19,  1917.) 

-{a)  "Can  a  member  of  the  National  Guard  be  furloughed  to  the  reserve 
before  the  end  of  the  active  service  period? 

(?;)  "Can  a  member  of  the  National  Guard,  once  furloughed  before  the  end 
of  the  three-year  term  of  active  service,  be  removed  from  the  reserve  and  be 
restored  to  the  active  list  to  serve  the  remainder  of  the  three-year  active  term?  " 

Held,  that  the  w^ord  "  ser\ice,"  as  used  in  section  72,  relates  to  the  active 
three-year  period,  and  that  an  enlisted  man  is  entitled  to  a  discharge  in  writing 
at  the  end  of  such  period;  that  such  discharge  is  not  the  final  and  absolute  dis- 
charge so  familiar  to  the  Regular  Army,  but  is  a  release  from  active  service, 
remitting  the  soldier  to  the  reserve.  Held,  as  to  (a)  that  since  section  72 
unqualifiedly  authorizes  discharge  in  time  of  peace,  under  regulations  pre- 
scribed by  the  President,  a  National  Guardsman  may  be  discharged  from  active 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1^15.  319 

OFFICERS. 

1344f.  Regularly  com,missioned  oficers  to  continue  in  office  without 
issuance  of  new  commissions. — Commissioned  officers  of  the  National 
Guard  of  the  several  States,  Territories,  and  the  District  of  Colum- 
bia now  serving  under  commissions  regularly  issued  shall  continue 
m  office,  as  officers  of  the  National  Guard,  without  the  issuance  of 
new  commissions.^    Sec.  7S.  id. 

1344g.  Same — Federal  oath  to  he  taken  hy. — Said  officers  have 
taken,  or  shall  take  and  subscribe  to  the  following  oath  of  office: 

"I, ,  do  solemnly  swear  that  I  will  support  and  defend  the 

Constitution  of  the  United  States  and  the  constitution  of  the  State 

of ,  against  all  enemies,  foreign  and  domestic;  that  I  will  bear 

true  faith  and  allegiance  to  the  same;  that  I  will  obey  the  orders  of 
the  President  of  the  United  States  and  of  the  governor  of  the  State 

of ;  that  I  make  this  obligation  freely,  without  any  mental 

reservation  or  purpose  of  evasion,  and  that  I  will  well  and  faith- 
fully discharge  the  duties  of  the  office  of in  the  National 

Guard  of  tlie  United  States  and  of  the  State  of upon  which  I 

am  about  to  enter,  so  help  me  God."  ^    Id. 

service  and  transfen-ed  to  the  reserve  before  the  end  of  the  active-service  period. 
Held,  as  to  (&),  that  since  a  discharge  from  active  service  is  a  release  from  so 
much  of  the  enlistment  contract  as  requires  active  service,  such  obligation  can 
not  be  renewed  without  the  soldiers  consent,  which  would  have  to  be  embodied 
in  a  new  contract,  and  therefore  a  member  of  the  National  Guard  resei*ve  can 
be  restored  to  the  three-year  active  service  status  in  the  National  Ouard  only 
by  discharge  and  reenlistment     (War  Dept.  Bull.  3,  Jan.  19,  1917.) 

^  Held,  that  this  provision  operates  only  to  render  effective  in  the  National 
Guard  commissions  issued  by  a  State  and  does  not  prolong  the  ofScer's  com- 
mission, and  that  a  National  Guard  officer  in  the  service  of  the  United  States 
can  not,  under  existing  law,  be  compelled  to  continue  in  the  seiwice  of  tlie 
United  States  as  an  officer  of  the  National  Guard  after  the  expiration  of  his 
commission.     (War  Dept.  Bull.  3,  Jan.  19,  1917.) 

^Upon  the  questions  (a)  whether  officers  who  have  taken  the  oath  prescribed 
by  section  73  of  the  Natonal  Defense  Act  but  who  belong  to  organizations  the 
enlisted  men  of  w^hich  have  not  taken  tlie  oath  prescribed  by  section  70,  are 
officers  of  the  National  Guard  within  the  meaning  of  that  Act;  and  (6)  what 
effect  will  the  taking  of  the  oath  prescribed  in  section  70  of  the  National  De- 
fense Act  by  an  enlisted  man  of  the  Organized  Militia  of  the  State  have  upon 
his  enlistment  in  the  Organized  Militia  under  the  law  of  his  State? 

Held,  as  to  (a)  that  an  officer  of  the  Organized  Militia  who  takes  the  oath 
prescribed  by  section  73  of  the  National  Defense  Act  becomes  an  officer  of  the 
National  Guard  under  the  National  Defense  Act,  that  there  may  be  a  recog- 
nition of  an  individual  member  of  the  National  Guard,  officer  or  enlisted  man, 
separate  and  apart  from  the  recognition  of  the  organisation  to  which  he  be- 
longs, that  while  under  the  provisions  of  sec.  110  pay  can  only  accrue  to 
officers  and  enlisted  men  belonging  to  recognized  organizations,  the  recogni- 
tion of  an  officer  or  enlisted  man  separately  may  have  substantial  value,  in 
thnt  he  thereby  becomes  qualified  for  appointment  to  office  in  the  National 
Guard  under  sec.  74,  and  if  an  officer  between  tlie  ages  of  21  and  37  years 
becomes  eligible  for  appointment  as  second  lieutenant  in  the  Regular  Army 
under  sec.  24;  and  as  to  (&)  that  the  taking  of  the  oath  prescribed  by  sec. 
70  by  an  enlisted  man  of  the  Organized  Militia  transforms  the  enlisted  man 
of  the  Organized  Militia  into  a  member  of  the  National  Guard  and  substitutes 
a  new  enlistment  contract  for  liis  former  State  enlistment  contract.  (War 
Dept.  Bull.  47,  Nov.  16,  191G.) 


320 

1344h.  Classes  from  which  commissioned  ofjicers  may  'be  selected 
for  aj^pointment. — Persons  hereafter  commissioned  as  officers  of  the 
National  Guard  shall  not  be  recognized  as  such  under  any  of  the 
provisions  of  this  Act  unless  they  shall  have  been  selected  from  the 
following  classes  and  shall  have  taken  and  subscribed  to  the  oath 
of  office  prescribed  in  the  preceding  section  of  this  Act:  Officers  or 
enlisted  men  of  the  National  Guard;  officers  on  the  reserve  or  un- 
assigned  list  of  the  National  Guard  officers,  active  or  retired,  and 
former  officers  of  the  United  States  Army,  Navy,  and  Marine  Corps ; 
graduates  of  the  United  States  Military  and  Naval  Academies  and 
graduates  of  schools,  colleges,  and  universities  where  military  science 
is  taught  under  the  supervision  of  an  officer  of  the  Regular  Army, 
and,  for  the  technical  branches  and  staff  corps  or  departments,  such 
other  civilians  as  may  be  especially  qualified  for  duty  therein.^  Sec, 
7i,  id, 

(See  footnote  to  paragraph  1325a.) 

13441.  Same — Examination  to  determine  physical^  moral,  and  pro- 
fessional  fitness  for  appointment, — The  provisions  of  this  Act  shall 
not  apply  to  any  person  hereafter  appointed  an  officer  of  the  Na- 
tional Guard  unless  he  first  shall  have  successfully  passed  such  tests 
as  to  his  physical,  moral,  and  professional  fitness  as  the  President 
shall  prescribe.  The  examination  to  determine  such  qualifications  for 
commission  shall  be  conducted  by  a  board  of  three  commissioned 
officers  appointed  by  the  Secretary  of  War  from  the  Regular  Army 
or  the  National  Guard,  or  both.     Sec,  75,  id.  202, 

(See  footnote  to  paragraph  1339f ;  also  footnote  to  paragraph  1325a.) 

1344J.  Filling  vacancies  in  organizations  which  have  heen  drafted 
into  Federal  service. — All  vacancies  occurring  in  any  grade  of  com- 
missioned officers  in  any  organization  in  the  military  service  of  the 
United  States  and  composed  of  persons  drafted  from  the  National 
Guard  under  the  provisions  of  this  Act  shall  be  filled  by  the  Presi- 
dent, as  far  as  practicable,  by  the  appointment  of  persons  similarly 
taken  from  said  guard,  and  in  the  manner  prescribed  by  law  for 
filling  similar  vacancies  occurring  in  the  volunteer  forces.^  Sec, 
76,  id. 

^Jleld,  that  the  status  of  retired  officers  will  not  be  impaired  by  active  service 
under  a  National  Guar<l  commission.  During  their  service  as  National  (iuard 
officers  in  the  active  service  of  the  United  States  they  will  receive  onlv  the  pay 
of  their  National  Guard  offices.     (War  Dept.  Bull.  28,  Aug.  18,  1916.) 

Under  the  national  defense  act  of  June  3,  1916  (39  Stat.  176),  a  person  who 
is  especially  qualified  for  duty  as  a  veterinarian  is  eligible  for  a  commission  as 
a  veternary  officer  n  the  federalized  National  Guard,  even  though  he  may  not 
be  a  graduate  of  a  veterinary  college.  (Sec.  74.)  Candidates  for  the  position 
of  assistant  veterinarian  in  the  Regular  Army,  or  that  of  reserve  veterinarian, 
must,  however,  be  graduates  of  a  recognized  veterinary  college  or  university, 
(Sec.  16.)     (Dig.  Opin.  J.  A.  G.,  January,  1918.) 

*  See  chapter  entitled  "  Volunteers,"  paragraph  1389. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  321 

1344k.  Biscliarge  of  officers  on  approved  findings  of  efficiency 
hoard,  etc. — At  any  time  the  moral  character,  capacity,  and  general 
fitness  for  the  service  of  any  National  Guard  officer  may  be  deter- 
mined by  an  efficiency  board  of  three  commissioned  officers,  senior 
in  rank  to  tlie  officer  Avhose  fitness  for  service  shall  be  under  inves- 
tigation, and  if  the  findings  of  such  board  be  unfavorable  to  such 
officer  and  be  approved  by  the  official  authorized  to  appoint  such  an 
officer,  he  shall  be  discharged.  Commissions  of  officers  of  the  Na- 
tional Guard  may  be  vacated  upon  resignation,  absence  without  leave 
for  three  months,  upon  the  recommendation  of  an  efficiency  board,^ 
or  pursuant  to  sentence  of  a  court-martial.    Sec.  77,  id. 

13441.  Transfer  of  officers  to  National  Guard  Reserve  on  their  ap- 
plication or  luhen  rendered  surplus  hy  dishandment  of  their  organi- 
zations,— Officers  of  said  guard  rendered  surplus  by  the  disbandment 
of  their  organizations  shall  be  placed  in  the  National  Guard  Reserve. 
Officers  may,  upon  their  »wn  application,  be  placed  in  the  said  re- 
serve.^   Id. 

(See  paragraphs  1325o-132ou,  ante.) 

SUPPORT  OF  DEPENDENT  FAMILIES. 

1347a.  Applies  to  families  of  memhers  of  Organized  Militia,  Na- 
tional Guard,  and  Regular  Ariny. — The  sum  of  $2,000,000  is  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated, to  be  expended  under  the  direction  of  the  Secretary  of 

*An  efficiency  board  convened  pursuant  to  section  77  of  the  national-defense 
act  completed  its  action  prior  to  August  5,  1917,  recommending  the  discharge 
of  certain  officers  of  the  Illinois  National  Guard,  but  no  order  was  issued 
thereon  until  after  the  draft  of  said  officers  on  August  5,  1917. 

Held,  That  no  valid  order  could  be  issued  thereon,  and  that  said  officers  may- 
be discharged  from  service  only  under  section  9  of  the  selective-draft  act.  The 
discharge  may  be  made  by  the  President  for  any  cause  which,  in  his  judgment, 
would  promote  the  public  service;  or  it  may  be  made  by  the  President  after 
determination  by  a  board  of  officers  that  the  officers  in  question  are  unfit. 
(War  Dept.  Bull.  75,  Dec.  31,  1917.) 

^  The  Secretary  of  War  having  approved  the  opinion  of  this  office  that  certain 
officers  of  the  administrative  staffs  of  the  several  States  did  not  constitute  a 
part  of  the  National  Guard  as  organized  under  the  national  defense  act,  a 
further  opinion  was  desired  on  the  question  whether  such  officers  could  be 
transferred  to  the  National  Guard  reserve  under  sect^^on  77  of  the  national 
defense  act  of  June  3, 1916,  which  provides  that — 

"  Officers  of  said  guard  rendered  surplus  by  the  disbandment  of  their  organi- 
zations shall  be  placed  in  the  National  Guard  reserve." 

Held,  that  this  section  has  no  application  to  officers  appointed  for  State 
administrative  purposes  and  who  have  not  been  appointed  to  offices  having  any 
place  in  the  organization  of  the  units  actually  maintained  by  the  respective 
States. 

Held  further,  that  the  authority  conferred  by  section  78  of  the  national 
defense  a('t  for  the  organization  of  the  National  Guard  reserve  "  in  each  State," 
etc.,  to  "  consist  of  such  organizations,  officers,  and  enlisted  men,  as  the  Presi- 
dent may  prescribe,"  contemplates  a  reserve  to  the  active  organizations  main- 
tained in  the  State,  and  that  it  can  therefore  have  no  officers  other  than  those 
of  the  character  provided  for  the  active  organizations  maintained  in  the  par- 
ticular State.     (War  Dept.  Bull.  26,  May  7,  1917.) 

54208°— IS 21 


322  MILITARY   LAWS   OF   THE   UNITED   STATES,  1015. 

War,  and  under  such  rules  and  regulations  as  he  ma,y  prescri])e.  for 
the  support  of,  at  a  cost  of  not  more  than  $50  per  month,  or  so 
much  of  said  amount  as  the  Secretary  of  War  may  deem  necessary, 
and  not  more  than  such  enlisted  man  has  been  contributing  monthly 
to  the  support  of  his  family  at  the  time  of  his  being  called  or  drafted 
into  the  service  of  the  United  States  or  during  his  enlistment  period 
in  the  Regular  Army  at  the  time  of  such  call  or  draft  of  the  Organ- 
ized Militia  6r  National  Guard,  the  family  of  each  enlisted  man  of 
the  Organized  Militia  or  National  Guard  called  or  drafted  into  the 
service  of  the  United  States  until  his  discharge  from  such  service,  arid 
the  family  of  each  enlisted  man  of  the  Regular  Army  until  his  dis- 
charge from  active  service  therein  or  until  the  discharge  of  the  Organ- 
ized Militia  or  National  Guard  from  such  service  if  such  enlisted 
man  is  at  that  time  in  active  service  in  the  Regular  Army,  which 
family  during  the  term  of  service  of  such  enlisted  man  has  no  other 
income,  except  the  pay  of  such  enlisted  man,  adequate  for  the  sup- 
port of  said  family.     Act  of  Aug.  29,  1916   {89  Stat,  0^9.) 

1347b.  Same — Action  of  Secretary  of  War  to  he  final  in  all  cases. — 
The  action  of  the  Secretary  of  War  in  all  cases  provided  for  in  this 
♦paragraph  shall  be  final,  and  no  right  to  prosecute  a  suit  in  the  Court 
of  Claims  or  in  any  other  court  of  the  United  States  against  the  Gov- 
ernment of  the  United  States  shall  accrue  to  .such  enlisted  man,  or  to 
any  member  of  the  family  of  any  such  enlisted  man,  by  virtue  of  the 
passage  of  this  act.     Id. 

1347c.  Same — Not  appUcahle  where  soldier  marries  after  certain 
date;  family  defined. — This  parngiaph  shall  not  apply  to  any  such 
enlisted  man  who  shall  marry  after  the  fifteenth  day  of  July,  nineteen 
hundred  and  sixteen;  and  the  woi'd  "family"  shall  include  only  wife, 
children,  and  dependent  mothers.     Id. 

1347d.  Same — Amendment  of  provision  so  as  to  cover  enlistments 
made  before  and  after  call  of  the  President,  etc. — The  sum  of 
$2,000,000,  therein  appropriated  to  be  expended  under  the  direction 
of  the  Secretary  of  War  for  the  support  of  the  family  of  each  en- 
listed man  of  the  Organized  Militia  or  National  Guard,  or  of  the 
Regular  Army,  as  therein  provided,  shall  be  available  to  be  paid 
on  the  basis  of  and  for  time  subsequent  to  June  eighteenth,  nineteen 
hundred  and  sixteen,  the  date  of  the  call  by  the  President,  and 
the  time  for  which  such  payment  shall  be  made  shall  correspond  with 
the  time  of  service  of  the  enlisted  men,  and  payment  shall  be  made 
without  reference  to  the  enlisted  men  having  enlisted  befoi-e  «>r 
after  the  call  by  the  President.  Sec.  901,  Act  of  Sept.  8,  1016  {SO 
Stat.  801),  amending  Act  of  Aug.  29,  1916  {39  Stat.  6^9). 

1347e.  Same — Appropriation  for  continuation  of,  under  same  con- 
ditions as  original  appropriation, — For  the  support  of  dependent 
families  of  enlisted  men,  including  the  same  objects  and  under  the 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  323 

same  limitations  specified  in  the  appropriation  for  this  purpose  in  the 
Army  Appropriation  Act  for  the  fiscal  year  nineteen  hundred  and 
seventeen  as  amended  by  section  nine  hundred  and  one  of  the  Act 
entitled  "An  Act  to  increase  the  revenue,  and  for  other  purposes,'* 
approved  September  eighth,  nineteen  hundred  and  sixteen,  $4,250,000. 
Act  of  Dec.  t2, 1916  {39  Stat,  859). 

1347f.  Support  of  dependent  fmnllies^  time  limit  for  filing  appli- 
cation for. — For  the  support  of  dependent  families  of  enlisted  men, 
including  the  same  objects  and  under  the  same  limitations  specified  in 
the  appropriations  for  this  purpose  in  the  Army  appropriation  Act 
for  the  fiscal  year  nineteen  hundred  and  seventeen  as  amended  by 
section  nine  hundred  and  one  of  the  Act,  entitled  "  An  Act  to  increase 
the  revenue,  and  for  other  purposes,"  approved  September  eighth, 
nineteen  hundred  and  sixteen,  $2,000,000:  Provided^  That  the  pro- 
vision in  the  Act  of  August  twenty-ninth,  nineteen  hundred  and  six- 
teen, as  amended  by  section  nine  hundred  and  one  of  the  Act  of 
September  eighth,  nineteen  hundred  and  sixteen,  for  the  Federal 
support  of  families  of  enlisted  men  shall,  with  respect  to  enlisted  men 
belonging  to  organizations  of  the  Oreganized  Militia  or  Nationtil 
Guard  which  entered  the  service  of  the  United  States  under  the  calls 
of  the  President  of  May  ninth,  nineteen  hundred  and  sixteen,  and 
June  eighteenth,  nineteen  hundred  and  sixteen,  and  enlisted  men  of 
the  Regular  Army  who  by  the  provisions  of  Acts  above  cited  are 
beneficiaries  thereof  only  ^during  the  time  the  Organized  Militia  or 
National  Guard  continue  in  the  service  of  the  United  States  under 
said  calls,  apply  only  to  applications  stated  in  the  form  prescribed 
by  the  Secretary  of  War  which  are  received  in  the  office  of  the  Depot 
Quartermaster,  Washington,  District  of  Columbia,  on  or  before  June 
thirtieth,  nineteen  hundred  and  seventeen.^  Act  of  Apr.  17^  1917  {40 
Stat.  11). 

*  The  following  questions  were  submitted  for  decision : 

(a)  Are  the  families  of  enlisted  men  belonging  to  National  Guard  organi- 
zations which  were  in  the  service  of  the  Unileil  States  under  the  President's 
call  of  .Tune  18,  1916,  and  which  were  mustered  out  of  said  service,  entitled 
to  the  benefits  of  the  act  of  August  29,  191G,  as  amended,  while  in  the  service 
of  tlie  United  States  under  the  President's  call  of  March  25,  1917? 

(h)  Are  the  families  of  enlisted  men  belonging  to  organizations  brought  into 
the  Federal  service  under  the  President's  call  of  June  18,  1916,  still  entitled  to 
the  benefits  of  the  act  of  August  29,  1916,  as  amended,  where  such  organizations 
remain  continuously  in  service  under  said  call  pursuant  to  the  orders  sus- 
suspending  the  original  orders  for  their  muster  out? 

(c)  Are  the  families  of  enlisted  men  of  the  Ilegular  Army  entitled  to  the 
benefits  of  the  act  of  August  29,  1916,  as  amended,  so  long  as  there  remain  in 
the  service  of  the  United  States  any  organization  of  the  National  Guard  under 
the  call  of  June  18,  1916,  or  do  the  benefits  of  the  statutes  extend  to  include 
such  period  as  National  Guard  organizations  may  be  in  the  service  of  the 
United  States  under  the  call  of  March  25,  1917? 

Held,  that  the  legislation  for  the  relief  of  dependent  families  of  soldiers  (act 
of  Aug.  29,  1916,  as  amended  by  the  act  of  Sept.  8,  1917,  39  Stat.,  649,  801)  was 
enacted  with  reference  to  enlisted  men  belonging  to  National  Guard  organi- 
zations brought  into  the  service  under  calls  made  by  the  President  prior  to 


324  MILITAKY  LAWS   OF   THE   UK^ITED   STATES^  1915. 

1349a.  Men  enlisted  to  bring  organizations  up  to  mimTnum  entitled 
to  pay  from  dMte  of  enlistment  to  date  of  muster  in  or  rejection. — 
Nothing  in  this  Act  or  previous  Acts  of  Congress  shall  be  construed 
to  prohibit  the  paying  of  men  enlisted  by  State  authorities  of  any 
State  for  militia  organization  for  the  purpose  of  bringing  said  organ- 
ization up  to  the  minimum  necessary  to  permit  of  the  muster  in  the 
said  organization,  from  the  date  of  such  enlistments  to  the  date  of 
muster  in  or  from  date  of  enlistment  to  date  of  rejection,  after 
physical  examination.^    Act  of  Aug,  29, 1916  {39  Stat.  62Jf). 

1349b.  Transportation  to  their  Iwmes  of  members  of  National 
Guard  who  have  heen  discharged  because  of  dependent  families. — 
When  members  of  the  National  Guard,  who  have  been  mustered  into 
the  service  of  the  United  States,  have  been  discharged  under  the  order 
of  the  War  Department  which  provides  that  members  of  the  National 
Guard  with  dependent  families  may  be  mustered  out,  transportation 
from  their  position  on  the  Mexican  border  to  their  homes  may  be 
authorized  by  the  Secretary  of  War.    Id.  633. 

1351a.  Permanent  annual  appropriation. — A  sum  of  money  shall 
hereafter  be  appropriated  annually,  to  be  paid  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  for  the  support  of  the 
National  Guard,  including  the  expense  of  providing  arms,  ordnance 
stores,  quartermaster  stores,  and  camp  equipage,  and  all  other  mili- 
tary supplies  for  issue  to  the  National  Guard,  and  such  other  ex- 
penses pertaining  to  the  said  guard  as  are  now  or  ma}?^  hereafter  bo 
authorized  by  law.    Sec.  67,  Act  of  June  3,  1916  {39  Stat.  199). 

(See  paragraphs  1352-1355.) 

1351b.  Apportionment  among  States  and  Territories. — The  appro- 
priation provided  for  in  this  section  shall  be  apportioned  among  the 

such  legislation,  and  to  enlisted  men  of  the  Regular  Ai*my  in  active  service 
during  the  continuance  of  the  National  Guard  service  under  such  calls,  and  to 
none  others;  and  that  in  order  that  those  organizations  responding  to  the  call 
of  March  25,  1917,  and  those  retained  in  service,  as  specified  in  that  call,  may 
be  on  an  equal  footing,  so  far  as  family  benefits  are  concerned,  it  must  be  held 
that  they  are  all  in  the  service  under  the  call  of  March  25,  1917,  those  organi- 
zations which  had  not  been  discharged  but  were  retained  in  the  service  having 
ceased  to  be  in  the  service  under  the  call  of  June  18,  1916,  from  and  after 
March  25,  1917.  All  three  questions  should,  therefore,  be  answered  in  the 
negative. 

The  present  crisis  in  national  affairs  has  brought  on  new  conditions,  and 
Congress  being  in  session  at  this  time  if  it  desires  to  continue  the  payment  for 
the  support  of  the  families  of  enlisted  men  of  National  Guard  organizations 
brought  into  the  service  or  continued  in  the  service  under  the  President's 
call  of  March  25,  1917,  and  of  certain  enlisted  men  of  the  Regular  Army, 
legislation  expressive  of  such  desire  should  be  enacted  at  this  time.  There 
will  thus  be  an  opportunity  to  place  all  on  an  equal  footing.  (Comp.  Treas., 
Apr.  9,  1917;  War  Dept.  Bull  26,  May  7,  1917.) 

^Held,  that  in  the  case  of  enlisted  men  recruited  for  the  purpose  of  bringing 
a  National  Guard  organization  up  to  the  maximum  strength,  who  are  mustered 
In,  payment  may  be  made  from  the  date  of  enlistment  to  the  date  of  muster  in, 
but  that  in  the  case  of  those  similarly  enlisted  who  are  rejected,  after  physical 
examination,  there  is  no  authority  for  their  payment  from  Federal  funds  for 
the  time  between  the  date  of  enlistment  and  the  date  of  rejection.  (Comp. 
Treas.,  Sept  30,  1916.    War  Dept  Bull.  47,  Nov.  16,  1916.) 


MILITARY   LAWS   OF    THE   UNITED  STATES,  1915.  325 

several  States  and  Territories  under  just  and  equitable  procedure  to 
be  prescribed  by  the  Secretary  of  War  and  in  direct  ratio  to  the 
number  of  enlisted  men  in  active  service  in  the  National  Guard 
existing  in  such  States  and  Territories  at  the  date  of  apportionment 
of  said  appropriation,  and  to  the  District  of  Columbia,  under  such 
regulations  as  the  President  may  prescribe.     Id. 

(See  paragraphs  1353-1355.) 

1351c.  Sam^e — Allotments  availoMe  for  what  purposes. — The  sum 
so  apportioned  among  the  several  States,  Territories,  and  the  Dis- 
trict of  Columbia,  shall  be  available  under  such  rules  as  may  be  pre- 
scribed by  the  Secretary  of  Way  for  the  actual  and  necessary  ex- 
penses incurred  by  officers  and  enlisted  men  of  the  Regular  Army 
when  traveling  on  duty  in  connection  with  the  National  Guard ;  ^ 
for  the  transportation  of  supplies  furnished  to  the  National  Guard 
for  the  permanent  equipment  thereof;  for  office  ren,t  and  necessary 
offices  expenses  of  officers  of  the  Regular  Army  on  duty  with  the 
National  Guard;  for  the  expenses  of  the  Militia  Bureau,  including 
clerical  services,  now  authorized  for  the  Division  of  Militia  Affairs ; 
for  expenses  of  enlisted  men  of  the  Regular  Army  on  duty  with  the 
National  Guard,  including  quarters,  fuel,  light,  medicines,  and  medi- 
cal attendance;  and  such  expenses  shall  constitute  a  charge  against 
the  whole  sum  annually  appropriated  for  the  support  of  the  National 
Guard,  and  shall  be  paid  therefrom  and  not  from  the  allotment  duly 
apportioned  to  any  particular  State,  Territory,  or  the  District  of 
Columbia ;  for  the  promotion  of  rifle  practice,  including  the  acqui- 
sition, construction,  maintenance,  and  equipment  of  shooting  galler- 
ies aiid  suitable  target  ranges ;  for  the  hiring  of  horses  and  draft  ani- 
mals for  the  use  of  mounted  troops,  batteries,  and  wagons ;  for  forage 
for  the  same;  and  for  such  other  incidental  expenses  in  connection 
with  lawfully  authorized  encampments,  maneuvers,  and  field  instruc- 
tion as  the  Secretary  of  War  may  deem  necessary;  and  for  such  other 
expenses  pertaining  to  the  National  Guard  as  are  now  or  may  here- 
after be  authorized  by  law.    Id. 

(See  paragraphs  1351-1355.) 

^In  the  case  of  an  officer  of  the  Ordnance  Department  directed  to  make  an 
inspection  of  Field  Artillery  material  in  the  hands  of  the  National  Guard. 

Held,  that  he  was  entitled  to  actual  expenses  of  travel,  and  not  mileage,  for 
travel  in  the  performance  of  such  duty,  payable  from  the  $2,000  appropriation 
for  "  inspection  of  material  pertaining  to  Field  Artillery  and  Signal  Corps  in 
the  hands  of  the  National  Guard"  (39  Stat.  647).  (War  Dept.  Bull.  3,  Jan. 
19,  1917.) 

A  reserve  officer  making  an  inspection  of  the  records  and  accounts  of  the 
National  Guard  is  entitled  to  mileage,  but  is  not  entitled  to  be  reimbursed  for 
actual  expenses.  Section  67  of  the  national  defense  act  appropriates  funds 
for  the  actual  and  necessary  expenses  incurred  by  officers  and  enlisted  men  of 
the  Regular  Army  when  traveling  on  duty  in  connection  with  the  National 
Guard,  but  such  funds  are  not  available  to  pay  expenses  of  reserve  officers, 
(War  Dept.  Bull.  72,  Dec.  24,  1917.) 


326  MILITAEY   LAWS   OF   THE   UNITED   STATES,   i&lo. 

1351d.  Same — AppointTnent  and  duties  of  propeHy  and  dishursing 
Qfjicer  in  connection  loith. — The  governor  of  each  State  and  Territory 
and  the  commanding  general  of  the  National  Guard  of  the  District 
of  Columbia  shall  appoint,  designate,  or  detail,  subject  to  the  ap- 
proval of  the  Secretary  of  War,  an  officer  of  the  National  Guard  of 
the  State,  Territory,  or  District  of  Columbia  who  shall  be  regarded 
as  property  and  disbursing  officer  for  the  United  States.  He  shall 
receipt  and  account  for  all  funds  and  property  belonging  to  the 
United  States  in  possession  of  the  National  Guard  of  his  State,  Ter- 
ritory, or  District,  and  shall  make  such  returns  and  reports  concern- 
ing the  same  as  may  be  required  by  the  Secretary  of  War.  The  Sec- 
retary of  War  is  authorized,  on  the  requisition  of  the  governor  of 
a  State  or  Territory  or  the  commanding  general  of  the  National 
Guard  of  the  District  of  Columbia,  to  pay  to  the  property  and  dis- 
bursing officer  thereof  so  much  of  its  allotment  out  of  the  annual 
appropriation  for  the  support  of  the  National  Guard  as  shall,  in  the 
judgment  of  the  Secretary  of  War,  be  necessary  for  the  purposes 
enumerated  therein.  He  shall  render,  through  the  War  Department, 
such  accounts  of  Federal  funds  intrusted  to  him  for  disbursement  as 
may  be  required  by  the  Treasury  Department.  Before  entering  upon 
the  performance  of  his  duties  as  property  and  disbursing  officer  he 
shall  be  required  to  give  good  and  sufficient  bond  to  tlie  United 
States,  the  amount  thereof  to  be  determined  by  the  Secretary  of  War, 
for  the  faithful  performance  of  his  duties  and  for  the  safe-keeping 
and  proper  disposition  of  the  Federal  property  and  funds  intrusted 
to  his  care.  He  shall,  after  having  qualified  as  property  and  dis- 
bursing officer,  receive  pay  for  his  services  at  a  rate  to  be  fixed  by 
the  Secretary  of  War,  and  such  compensation  shall  be  a  charge 
against  the  whole  sum  annually  appropriated  for  the  support  of  the 
National  Guard.    Id.  200, 

The  following-  questions  were  presented  for  decision : 

(«)  Whether  a  retired  officer  of  the  Regular  Army,  appointed  as  an  ofRcer 
of  the  National  Guard  and  detailed  as  property  and  disbursing  officer,  can  re- 
ceive the  pay  as  property  and  disbursing  officer  provided  for  bj*  section  67,  act 
of  June  3,  1916,  and  the  National  Guard  pay  provided  by  section  109,  act  of 
June  3, 1916,  in  addition  to  his  retired  pay  of  the  Regular  Army. 

(&)  Whether  a  retired  enlisted  man  of  the  Regular  Army,  appoiTited  as  an 
officer  of  the  National  Guard  and  detailed  as  property  and  disbursing  ofRcer, 
can  receive  the  pay  as  property  and  disbursing  officer  provided  by  section  67 
of  the  act  of  .Tune  3,  1916,  and  the  National  Guard  pay  provided  by  section  109 
of  the  act  cited,  in  addition  to  his  pay  as  an  enlisted  man,  retired,  of  the  Regular 
Army. 

Section  74  of  the  national-defense  act  of  June  3.  1916,  specifying  the  class 
from  which  National  Guard  officers  may  fcfe  selected,  includes  retired  officers 
of  the  Regular  Army,  but  does  not  include  retired  enlisted  men  except  as  they 
may  become  eligible  by  enlisting  in  the  National  Guard. 

Bch},  as  to  (a),  that  the  effect  of  the  statutory  provision  for  the  appoint- 
ment of  retired  officers  of  the  Regular  Army  as  officers  in  the  National  Guard 
is  to  give  a  retired  officer  so  appointed  the  pay  provided  for  in  sectio!is  67  and 
109  of  the  national-defense  act  in  addition  to  his  retired  pay  in  the  Army ;  and, 
as  to  (?)),  that,  inasmuch  as  the  statute  does  not  provide  for  the  entry  of  re- 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  327 

1351e.  Same — Expenses  of  while  traveling  on  official  duty. — Wlien 
traveling  in  the  performance  of  his  official  duties  under  orders  issued 
by  the  proper  authorities  he  shall  be  reimbursed  for  his  actual  neces- 
sary traveling  expenses,  the  sum  to  be  made  a  charge  against  the 
aliotnient  of  the  State,  Territory,  or  District  of  Columbia.     Id, 

1351i.  Same — Annual  inspection  of  property  and  accounts  by  an 
inspecior  general  of  the  Anny. — The  Secretary  of  War  shall  cause 
an  inspection  of  the  accounts  and  records  of  the  property  and  dis- 
bursing officer  to  be  made  by  an  inspector  general  of  the  Army  at 
least  once  each  j^ear.     Id. 

ISSlg".  Secretary  of  War  to  make  necessary  rules  and  regulations 
for  enforcing  foregoing  provisions. — The  Secretary  of  War  is  em- 
powered to  make  all  rules  and  regulations  necessary  to  carry  into 
effect  the  provisions  of  this  section.     Id. 

1351h.  Noncompliance  with  this  Act  hy  any  State  or  Territory  de- 
bars it  from  pecuniary  beneft^  etc. — Whenever  any  State  shall, 
within  a  limit  of  time  to  be  fixed  by  the  President,  have  failed  or 
refused  to  comply  with  or  enforce  any  requirement  of  this  Act,  or 
any  regulation  promulgated  thereunder  and  in  aid  thereof  by  the 
President  or  the  Secretary  of  War,  the  National  Guard  of  such  State 
shall  be  debarred,  wholly  or  in  part,  as  the  President  may  direct, 
from  receiving  from  the  United  States  anj^  pecuniary  or  other  aid, 
benefit,  or  privilege  authorized  or  provided  by  this  Act  or  any  other 
law.     Sec.  116.,  id.  212. 

tired  enlisted  men  into  tlie  National  Guard,  previous  decisions  are  applicable 
(20  Oomp.  Dec,  49,  and  23  Id.,  444),  which  are  to  the  effect  that  the  pay  of  a 
retired  enlisted  man  of  the  Army  while  in  the  Federal  service  as  a  member 
of  the  Organized  Militia  or  National  Guard  sliould  be  discontinued;  in  other 
words,  that  there  is  no  prohibition  against  the  commissioning  of  a  retired 
enlisted  man  in  the  National  Guard,  after  his  enlistment  therein,  and  then 
appointing  him  property  and  disbursing  officer  and  paying  him  therefor  from 
the  amount  appropi-iated  from  Federal  funds,  but  during  such  time  he  will  not 
be  entitled  to  continue  to  draw  his  retired  pay  as  an  enlisteil  man  of  the  Army. 
Accordingly,  question  (a)  answered  in  the  affirmative  and  question  (&)  in  the 
negative.     (Comp.  Treas.,  May  21,  1917;  War  Dept.  Bull.  "34,  June  8,  1917.) 

A  National  Guard  organization,  which  had  been  previously  called  into  Fed- 
eral service,  was  mustered  out  of  the  Federal  service  on  March  26,  1917,  and 
used  for  guard  duty  in  State  service  for  some  weeks  thereafter.  Certain 
engineer,  ordnance,  and  quartermaster  supplies  belonging  to  the  Federal  Gov- 
ernment, which  had  been  issued  to  this  organization  were  retained  after  its 
muster-out  of  Federal  service,  and  were  continued  in  use  by  it  as  a  National 
Guard  organization,  wiiile  engaged  in  such  guard  duty.  The  transfer  of 
accountability  for  the  property  from  the  accountable  officer  in  Federal  service 
to  the  property  and  disbursing  officer  of  the  United  States  for  the  State  in 
question,  was  not  made  at  or  immediately  subsequent  to  the  muster-out  as 
directed  by  the  War  Department.  Held,  that  the  National  Guard  officer  who, 
pursuant  to  orders  from  the  State  authorities,  thereafter  inventoried  and  trans- 
ferred such  property  to  the  property  and  disbursing  officer,  was  not  entitled 
to  pay  for  his  services  from  Federal  funds,  since  such  w^ork  was  not  done 
for  the  F(Hleral  Government  nor  at  the  instance  of  an  officer  of  the  Feileral 
Government  who  had  authority  to  direct  it  to  be  done.  Any  claim  for  pay 
which  he  may  have  will  be  against  the  State.  (Dig.  Opin.  J.  A.  G.,  February, 
1918.) 


328  MILITAEY   LAWS   OF   THE   UNITED  STATES^  1915. 

1354a.  Purchase  from  War  Department  of  articles  issued  hy  its 
supply  departments  to  Army, — ^Whenever  it  shall  be  shown  to  the 
satisfaction  of  the  Secretary  of  War  that  the  National  Guard  of  aiiy 
State,  Territory,  or  the  District  of  Columbia,  is  properly  organized, 
armed,  and  equipped  for  field  service,  funds  allotted  to  that  State, 
Territory,  or  District  for  the  support  of  its  National  Guard  may  be 
used  for  the  purchase,  from  the  War  Department,  of  any  article 
issued  by  any  of  the  supply  departments  of  the  Army.  Sec.  83, 
id.  Wk. 

(For  tlie  provisions  of  this  section  preceding  this  paragraph  see  paragraphs 
1358a,  and  1358b.) 

1354b.  Same — Purchase  of  stores.^  supplies.^  material  of  loar.,  and 
military  publications. — Any  State,  Territory,  or  the  District  of 
Columbia  may,  with  the  approval  of  the  Secretary  of  War,  purchase 
for  cash  from  the  War  Department  for  the  use  of  the  National 
Guard,  including  the  officers  thereof,  any  stores,  supplies,  material 
of  war,  and  military  publications  furnished  to  the  Army,  in  addition 
to  those  issued  under  the  provisions  of  this  Act,  at  the  price  at  which 
they  shall  be  listed  to  the  Army,  with  cost  of  transportation  added. 
The  funds  received  from  such  sale  shall  be  credited  to  the  appro- 
priation to  which  they  shall  belong,  shall  not  be  covered  into  the 
Treasury,  and  shall  be  available  until  expended  to  replace  there- 
with the  supplies  sold  to  the  States  in  the  manner  herein  authorized. 
Sec.  86,  id, 

(For  the  ensuing  provision  of  this  section  see  paragraph  1366a.) 

1355a.  Secretary  of  War  to  submit  annual  estimates  of  amount  nec- 
essary for. — The  Secretary  of  War  shall  cause  to  be  estimated  annu- 
ally the  amount  necessary  for  carrying  out  the  provisions  of  so  much 
of  this  Act  as  relates  to  the  militia,  and  no  money  shall  be  expended 
under  said  provisions  except  as  shall  from  time  to  time  be  appro- 
priated for  carrying  them  out.    Sec.  119,  id.  213. 

1355b.  Appropriation  for  arms,  equipment,  stores,  supplies,  etc., 
and^  such  other  expenses  as  may  he  authorized  hy  laiu. — For  provid- 
ing arms,  ordnance  stores,  quartermaster  stores,  camp  equipage,  and 
all  other  military  supplies  for  issue  to  the  National  Guard;  for 
the  promotion  of  rifle  practice,  including  the  acquisition,  construc- 
tion, maintenance  and  equipment  of  shooting  galleries  and  suitable 
target  ranges;  for  the  hire  of  horses  and  draft  animals  for  the  use 
of  mounted  troops,  batteries,  and  wagons;  for  forage  for  the  same; 
and  for  such  other  incidental  expenses  in  connection  with  lawfully 
authorized  encampments,  maneuvers,  and  field  instruction  as  the 
Secretary  of  War  may  deem  necessary ;  and  for  such  other  expenses 
pertaining  to  the  National  Guard  as  are* now  or  may  hereafter  be 
authorized  by  law,  $1,000,000.    Act  of  Aug.  29,  1916  {39  Stat.  646)'. 


329 

1355c.  Appropriation  for  arms,  uniform^  equipment,  etc.,  for  Na- 
tional Guard. — To  procure  by  purchase  or  manufacture  and  issue 
from  time  to  time  to  the  National  Guard  upon  requisition  of  the 
governors  of  the  several  States  and  Territories,  or  the  commanding 
general,  National  Guard  of  the  District  of  Columbia,  such  number 
of  United  States  service  arms  with  all  accessories,  Field  Artillery 
and  Coast  Artillery  material,  engineer,  signal,  and  sanitary  material, 
accouterments,  field  uniforms,  clothing,  equipage,  publications,  and 
military  stores  of  all  kinds,  including  public  animals,  as  are  neces- 
sary to  arm,  uniform,  and  equip  for  field  service  the  National  Guard 
in  the  several  States,  Territories,  and  the  District  of  Columbia.^ 
Id.  6Ji,7. 

1355d.  Same — Available  for  material  and  equipvfient  for  instruc- 
tion of  members  of  National  Guard  at  Aviation  School. — Of  the 
sum  herein  appropriated,  $76,000,  or  so  much  thereof  as  may  be 
required,  may,  in  the  discretion  of  the  Secretary  of  War,  be  made 
available  for  the  purchase  and  maintenance  of  material  and  equip- 
ment necessary  for  the  proper  instruction  in  military  avaiation  of 
such  officers  and  enlisted  men  of  the  National  Guard  as  may  be  au- 
thorized by  the  War  Department  to  attend  the  United  States  Avia- 
tion School.     Id. 

1355e.  AU  money  appropriated  for  arming,  equipping,  and  train- 
ing the  National  Guard  to  constitute  one  fund. — All  th^  money, 
hereinbefore  appropriated  for  arming,  equipping,  and  training  the 
National  Guard  shall  be  disbursed  and  accounted  for  as  such,  and 
for  that  purpose  shall  constitute  one  fund.    Id. 

1355f.  Unexpended  balances  appropriated  and  allotted  under  Sec. 
1661,  R.  S. — Any  funds  appropriated  under  section  sixteen  hundred 
and  sixty-one,  Revised  Statutes,  for  the  fiscal  year  nineteen  hundred 
and  sixteen  or  former  years  and  remaining  on  August  twenty-ninth, 
nineteen  hundred  and  sixteen,  to  the  credit  of  any  State,  the  Terri- 
tory of  Hawaii,  or  the  District  of  Columbia,  shall  remain  available 
only  to  the  end  of  the  fiscal  year  nineteen  hundred  and  eighteen  for 
expenditures  authorized  by  law.    Act  of  May  12, 1917  {40  Stat.  66). 

1356a.  Annual  inspection  by  an  inspector  general  as  to  property, 
organisation,  personnel,  equipment,  etc. — The  Secretary  of  War 
shall  cause  an  inspection  to  be  made  at  least  once  each  year  by  inspec- 
tors general  and  if  necessary  by  other  officers  of  the  Regular  Army 
detailed  by  him  for  that  purpose  to  determine  whether  the  amount 
and  condition  of  the  property  in  the  hands  of  the  National  Guard  is 
satisfactory;  whether  the  National  Guard  is  organized  as  herein- 
before prescribed;  whether  the  officers  and  enlisted  men  possess  the 
physical  and  other  qualifications  prescribed;  whether  the  organi- 

*Tlie  total  appropriation  autliorized  in  paragraph  1355c  is  $2,000,000. 


830  MILITARY  LAWS  OF   THE   UNITED   STATES,  1915. 

zation  and  the  ofllcers  and  enlisted  men  thereof  are  sufficiently  armed, 
uniformed,  equipped,  and  being  trained  and  instructed  for  active 
duty  in  the  field  or  coast  defense,  and  whether  the  records  are  being 
kept  in  accordance  with  the'  requirements  of  this  Act.  Sec.  93,  Act 
of  June  -5,  1916  {39  Stat.  206). 

1356b.  Same — Report  to  serve  as  basis  for  issue  and  retention  of 
nulitary  property  and  for  determining  what  organizations,  etc., 
constitute  part  of  National  Guard. — The  reports  of  such  inspections 
shall  serve  as  the  basis  for  deciding  as  to  the  issue  to  and  retention 
by  the  National  Guard  of  the  military  property  provided  for  by  this 
Act,  and  for  determining  what  organizations  and  individuals  shall  be 
considered  as  constituting  parts  of  the  National  Guard  within  the 
meaning  of  this  Act.     Id, 

1357a.  Inspectors  of  small-arms  practice,  National  Guurd,  etc.,  in 
Federal  service. — So  much  of  this  appropriation  as  may  be  neces- 
sary for  the  purpose  shall  be  available  to  pay  inspectors  and  assistant 
inspectors  of  small-arms  practice  of  the  Organized  Militia  and  Na- 
tional Guard  who  responded  to  the  call  of  the  President  of  June 
eighteenth,  nineteen  hundred  and  sixteen,  the  pay  and  allowances 
appropriate  to  their  grade  from  the  dates  they  would  have  been  en- 
titled to  pay  had  their  services  been  authorized  to  the  dates  on 
wdiich  they  were  mustered  out  or  their  services  were  otherwise  ter- 
minated; and  the  proper  accounting  officers  of  the  Treasury  be,  and 
they  are  hereby,  directed  to  allow  credit  for  any  such  payments 
which  have  heretofore  been  made  to  sucli  officers  from  the  appropria- 
tion from  which  made.     Act  of  May  12, 1917  (40  Stat.  46). 

1368a.  Cost  of  ordnance  issued  to  militia  to  be  credited  to  appro- 
priation. — Hereafter  the  cost  to  the  Ordnance  Department  of  all 
ordnance  and  ordnance  stores  issued  to  the  States,  Territories,  and 
District  of  Columbia,  under  the  Act  of  February  twelfth,  eighteen 
hundred  and  eighty-seven,^  shall  be  credited  to  the  appropriation 
for  "  manufacture  of  arms  at  national  armories,"  and  used  to  procure 
like  ordnance  stores,  and  that  said  appropriation  shall  be  available 
imtil  exhausted,  not  exceeding  two  years. — Act  of  June  IS,  1890  {26 
Stat.  156). 

1358b.  Supply  of  arms  and  equipment. — The  Secretary  of  War  is 
hereby  authorized  to  procure,  under  such  regulations  as  the  Presi- 
dent may  prescribe,  by  purchase  or  manufacture,  within  the  limits  of 
available  appropriations  made  by  Congress,  and  to  issue  from  time 
to  time  to  the  National  Guard,  upon  requisition  of  the  governors  of 
the  Several  States  and  Territories  or  the  commanding  general  of 
the  National  Guard  of  the  District  of  Columbia,  such  number  of 

'The  act  of  February  12,  18S7  (24  Stat.  401),  was  an  act  to  amend  section 
1101  of  til  Reviseu  Statutes,  making  an  annual  appropriation  to  provide  arms 
and  equipment  for  tlie  militia. 


MILITABY   LAWS    OF   THE   UNITED  STATES,  iai5.  331 

United  States  service  arms,  with  all  accessories,  Field  Artillery 
materiel,  Engineer,  Coast  Artillery,  signal  and  sanitary  materiel, 
accouterments,  field  uniforms,  clothing,  equipage,  publications,  and 
military  stores  of  all  kinds,  including  public  animals,  as  are  neces- 
sary to  arm,  uniform,  and  equip  for  field  service  the  National  Guard 
in  the  several  States,  Territories,  and  the  District  of  Columbia.  Sec, 
83,  Act  of  June  3, 1916  (39  Stat.  203). 

1358c.  Same — Care  and  protection  of. — As  a  condition  precedent 
to  the  issue  of  any  property  as  privided  for  by  this  Act,  the  State, 
Territory,  or  the  District  of  Columbia  desiring  such  issue  shall  make 
adequate  provision,  to  the  satisfaction  of  the  Secretary  of  War,  for 
the  protection  and  care  of  such  property.   Id.  20^. 

(For  ensuing  provision  of  this  section  see  paragraph  1354a,  ante.) 

1359a.  New  property  issued  to  replace  obsolete  or  condemned  prior 
issues. — Each  State,  Territory,  and  the  District  of  Columbia  shall, 
on  the  receipt  of  new  property  issued  to  replace  obsolete  or  con- 
demned prior  issues,  turn  in  to  the  War  Department  or  otherwise 
dispose  of,  in  accordance  with  the  directions  of  the  Secretary  of 
War,  all  property  so  replaced  or  condemned,  and  shall  not  receive 
any  money  credit  therefor.    Sec.  8S,  id. 

lS59b.  Disposition  aiid  replacement  of  damaged  or  destroyed  prop- 
erty.— All  military  property  issued  to  the  National  Guard  as  herein 
provided  shall  remain  the  property  of  the  United  States.  Whenever 
any  such  property  issued  to  the  National  Guard  in  any  State  or  Ter- 
ritory or  the  District  of  Columbia  shall  have  been  lost,  damaged,  or 
destroyed,  or  become  unserviceable  or  unsuitable  by  use  in  service  or 
from  any  other  cause,  it  shall  be  examined  by  a  disinterested  survey- 
ing officer  of  the  Regular  Aymy  or  the  National  Guard,  detailed  by 
the  Secretary  of  War,  and  the  report  of  such  surveying  officer  shall 
be  forwarded  to  the  Secretary  of  War,  or  to  such  officer  as  he  shall 
designate  to  receive  such  reports ;  and  if  it  shall  appear  to  the  Secre- 
tary of  War  from  the  record  of  survey  that  the  property  was  lost, 
damaged,  or  destroyed  through  unavoidable  causes,  he  is  hereby 
authorized  to  relieve  the  State  or  Territory  or  the  District  of  Colum- 
bia from  further  accountability  therefor.  If  it  shall  appear  that  the 
loss,  damage,  or  destruction  of  property  was  due  to  carelessness  or 
neglect,  or  that  its  loss,  damage,  or  destruction  could  have  been 
avoided  by  the  exercise  of  reasonable  care,  the  money  value  of  such 
property  shall  be  charged  to  the  accountable  State,  Territory,  or  Dis- 
trict of  Columbia,  to  be  paid  from  State,  Territory,  or  District  funds, 
or  any  funds  other  than  Federal.  If  the  articles  so  surveyed  are 
found  to  be  unserviceable  or  unsuitable,  the  Secretary  of  War  ^  shall 

^In  order  to  facilitate  action  on  the  property  account  of  militia  authorities 
of  Hawaii,  it  was  proposed  to  delegate  to  the  commanding  general,  Hawaiian 


332  MILITARY   LAWS   OF   THE   UNITED   STATES^   1915. 

direct  what  disposition,  by  sale  or  otherwise,  shall  be  made  of  them; 
and  if  sold,  the  proceeds  of  such  sale,  as  well  as  stoppages  against 
officers  and  enlisted  men,  and  the  net  proceeds  of  collections  made 
from  any  person  or  from  any  State,  Territory,  or  District  to  reim- 
burse the  Government  for  the  loss,  damage,  or  destruction  of  any 
property,  shall  be  deposited  in  the  Treasury  of  the  United  States  as 
a  credit  to  said  State,  Territory,  or  the  District  of  Columbia,  account- 
able for  said  property,  and  as  a  part  of  and  in  addition  to  that  por- 
tion of  its  allotment  set  aside  for  the  purchase  of  similar  supplies, 
stores,  or  material  of  war.    See  87,  id. 

1359c.  Same — Penalty  on  failure  of  State  or  Territory  to  'pay  for 
lost  or  damaged  property  charged  against  it. — If  any  State,  Terri- 
tory, or  the  District  of  Columbia  shall  neglect  or  refuse  to  pay,  or  to 
cause  to  be  paid,  the  money  equivalent  of  any  loss,  damage,  or  de- 
struction of  property  charged  against  such  State,  Territory,  or  the 
District  of  Columbia  by  the  Secretary  of  War  after  survey  by  a. dis- 
interested officer  appointed  as  hereinbefore  provided,  the  Secretary 
of  War  is  hereby  authorized  to  debar  such  State,  Territory,  or  the 
District  of  Columbia  from  further  participation  in  any  and  all  ap- 
propriations for  the  National  Guard  until  such  payments  shall  have 
been  made.    Id.  205. 

1359d.  Same — Disposition  of  proceeds  of  sales  of  condemned  stores 
not  charged  to  State  allotments. — The  net  proceeds  of  the  sale  of  con- 
i  demned  stores  issued  to  the  National  Guard  and  not  charged  to  State 
'  allotments  shall  be  covered  into  the  Treasury  of  the  United  States,  as 
:  shall  also  stoppages  against  officers  and  enlisted  men,  and  the  net 
I  proceeds  of  collections  made  from  any  person  to  reimburse  the  Gov- 
i  ernment  for  the  loss,  damage,  or  destruction  of  said  property  not 
I  charged  against  the  State  allotment  issued  for  the  use  of  the  Na- 
i  tional  Guard.    Sec.  88,  id, 

I  1359e.  Removal  of  accountability  for  issued  property  lost  or  de- 
;  strayed  prior  to  December  31, 1911. — The  Secretary  of  War  is  hereby 
i  authorized  to  relieve  any  State,  Territory,  or  the  District  of  Columbia 
;  from  further  accountability  for  all  United  States  property  issued 

;  Department,  authority  to  act  for  the  Secretary  of  War  on  reports  of  survey  for 
'  the  Territory  of  Hav/aii.  Section  87,  act  of  June  3,  1916,  provides  that—"  if 
it  shall  appear  to  the  Secretary  of  War  from  tlie  record  of  survey  that  the 
property  was  lost,  damaged,  or  destroyed  through  unavoidable  causes,  he  is 
hereby  authorized  to  relieve  the  State  or  Territory  or  the  District  of  Columbia 
from  further  accountability  therefor,"  but  that  if  damaged  through  negligence 
the  money  value  of  the  property  is  to  be  charged  to  the  State,  etc.,  and  "  to 
be  paid  from  State,  Territory,  or  District  funds,  or  any  funds  other  than  Fed- 
eral."   Upon  the  question  whether  the  proposed  authority  could  be  delegated, 

Held,  that  the  statute  confers  upon  the  Secretary  of  War  a  discretionary 
or  judicial  authority,  not  a  ministerial  one,  and  that  within  well-settled  rules 
of  law  such  authority  can  not  be  delegated  as  proposed;  and  that  the  action 
should  be  limited,  therefore,  to  authorizing  the  examination  of  such  reports 
by  the  department  commander,  the  same  to  be  forwarded  to  the  War  Depart- 
ment with  his  recommendation  for  final  action  by  the  Secretary  of  War.  (War 
Dept.  Bull.  34,  June  8,  1917.) 


MILITAKY  LAWS   OF  THE  UNITED  STATES,  1915.     .  333 

thereto  for  the  use  of  the  Organized  Militia  thereof  which  the  records 
of  the  War  Department  show  to  have  been  lost  or  destroyed  prior  to 
December  thirty-first,  nineteen  hundred  and  eleven.  Act  of  Aug.  ^9, 
1916  {39  Stat.  6^6). 

1361a.  Arms,  equipment,  and  uniform  to  he  same  as  for  Regular 
Armij. — The  National  Guard  of  the  United  States  shall,  as  far  as 
practicable,  be  uniformed,  armed,  and  equipped  with  the  same  type 
of  uniforms,  arms,  and  equipments  as  are  or  shall  be  provided  for  the 
Eegular  Army.^    Sec.  82,  Act  of  June  3, 1916  {39  Stat.  203). 

1361b.  Supplying  and  exchanging  Infantry  equipment,  National 
Guard. — For  the  purpose  of  manufacturing,  procuring,  exchanging, 
and  issuing  model  of  nineteen  hundred  and  ten  equipment  to  the 
Infantry  and  other  dismounted  organizations  of  the  National  Guard 
of  the  several  States,  Territories,  and  the  District  of  Columbia :  Pro- 
vided, That  whenever  in  the  opinion  of  the  Secretary  of  War  a  suffi- 
cient number  of  Infantry  equipment,  model  of  nineteen  hundred  and 
ten,  shall  have  been  procured  and  shall  be  available  for  the  purpose 
the  Secretary  of  War  is  hereby  authorized  to  issue  on  the  requisition 
of  the  governors  of  the  several  States  and  Territories,  or  the  com- 
manding general  of  the  District  of  Columbia  National  Guard,  such 
numbers  thereof  as  are  required  for  equipping  the  National  Guard  in 
said  States,  Territories,  and  the  District  of  Columbia,  without  charg- 
ing the  cost  or  value  thereof  or  any  expenses  connected  therewith 
against  any  allotments  to  said  States,  Terxitories,  or  the  District  of 
Columbia.    A^ct  of  Aug.  29, 1916  {39  Stat.  647), 

1361c.  Sa7ne — To  remain  the  property  of  United  States  and  he 
annually  accounted  for. — The  equipment  thus  issued  shall  be  re- 
ceipted for  and  shall  remain  the  property  of  the  United  States  and 
be  annually  accounted  for  by  the  governors  of  the  several  States, 
Territories,  and  the  commanding  general  of  the  District  of  Columbia 
National  Guard  as  now  required  by  law,  and  that  each  State,  Terri- 
tory, and  the  District  of  Columbia  shall,  upon  receipt  of  new  equip- 
ment, turn  in  to  the  Ordnance  Department  of  the  United  States 
Army,  without  receiving  any  money  credit  therefor  and  without 
expense  for  transportation  of  Infantry  equipment  now  in  its  posses- 
sion, the  property  of  the  United  States,  and  replaced  by  articles  of 
the  model  of  nineteen  hundred  and  ten  equipment,  $400,000.    Id.  648. 

136 Id.  Supplying  and  exchanging  infantry  equipment,  National 
Guard. — Whenever  in  the  opinion  of  the  Secretary  of  War  a  suffi- 
cient number  of  Infantry  equipment,  model  of  nineteen  hundred  and 
ten,  shall  have  been  procured  and  shall  be  available  for  the  purpose 
the  Secretary  of  War  is  hereby  authorized  to  issue  on  the  requisition 

^  Home  guard  may  not,  without  authority  therefor  from  the  Secretary  of  War, 
wear  any  uniform  wliich  bears  a  prohibited  similarity  to  the  uniform  of  the 
United  States,  but  the  Secretary  of  War  has  power  to  grant  such  authority  on 
condition  that  the  uniform  bear  some  mark  or  insignia  distinguishing  It  from 
the  uniform  prescribed  for  the  United  States  Army.  (War^Dept.  Bull.  67, 
Sept.  30,  1917.) 


334  MILTTAEY   LAWS   OF    THE   UNITED   STATES,   1915. 

of  the  governors  of  the  several  States  and  Territories  or  the  com- 
manding general  of  the  District  of  Columbia  National  Guard,  such 
numbers  thereof  as  are  required  for  equipping  the  National  Guard 
in  said  States,  Territories,  and  the  District  of  Columbia,  without 
charging  the  cost  or  value  thereof  or  any  expenses  connected  there- 
with, against  any  allotment  to  said  States,  Territories,  or  the  Dis- 
trict of  Columbia,  provided  that  the  equipm.ent  thus  issued  shall  be 
receipted  for  and  shall  remain  the  property  of  the  United  States  and 
be  annually  accounted  for  in  the  manner  prescribed  by  the  Act  of 
June  third,  nineteen  hundred  and  sixte^in,  and  that  each  State,  Ter- 
ritory, and  the  District  of  Columbia  shall,  upon  receipt  of  new 
equipment,  turn  in  to  the  Ordnance  Department  of  the  United 
States  Army,  without  receiving  any  money  credit  therefor  and  with- 
out expense  for  transportation  of  Infantry  equipment  now  in  its 
possession,  the  property  of  the  United  States,  and  replaced  by 
articles  of  the  model  of  nineteen  hundred  and  ten  equipment.  Act 
of  May  m,  1917  {J^O  Stat.  68), 

1361e.  Issue  of  arms  and  ammunition  to  States,  Territories,  and 
District  of  Columbia  for  equipment  of  home  guards. — The  Secretary 
of  War  during  this  existing  emergency  be,  and  he  is  hereby,  author- 
ized, in  his  discretion,  to  issue  from  time  to  time  to  the  several  States 
and  Territories  and  the  District  of  Columbia  for  the  equipment  of 
such  home  guards  ^  having  the  character  of  State  police  or  constabu- 

^  During  tlie  present  war  a, State  may  la\\'fiilly  raise  and  maintain  troops 
which  resemble  in  all  or  almost  all  respects  the  well-known  militia  of  the 
several  States  as  it  hitherto  existed  for  service  within  its  own  boundaries 
exclusively.  These  forces  are  capable  of  bein^  called  by  the  Nation  into  the 
service  of  the  United  States  for  the  usual  constitutional  purposes,  and  the 
members  as  individuals  can  be  drafted  by  the  Federal  Government,  but  are  not 
subject  to  draft  under  second  paragraph  of  section  1  of  the  national-defense  act 
as  members  of  the  National  Guard.     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

Home  guards  may  not,  without  authority  therefor  from  the  Secretary  of 
War,  wear  any  uniform  which  bears  a  prohibited  similarity  to  the  uniform  of 
the  United  States,  but  the  Secretary  of  War  has  power  to  grant  such  authority 
on  condition  that  the  uniform  bear  some  mark  or  insignia  distinguishing  it 
from  the  uniform  prescribed  for  the  United  States  Army.     (Id.) 

Settlers  ui)on  public  lands  who  enlist  in  any  of  the  home-guard  organizations 
of  the  various  States  are  not  entitled  to  have  their  services  therein  counted  as 
equivalent  to  residence  for  the  purpose  of  completing  their  titles  to  the  said  lands. 
The  act  of  July  28,  1917,  grants  such  a  right  to  men  who  are  actually  engaged 
in  the  military  service  of  the  United  States  and  to  those  who  are  members  of 
organizations  for  offense  or  defense  authorized  by  Congress  in  time  of  war. 
Tlie  home-guafd  organizations  are  not  authorized  by  Congress  but  by  the  sev- 
eral States,  and  are  in  the  nature  of  State  police  or  constabulary.  The  national- 
defense  act  of  June  3,  1916,  and  act  of  June  14,  1917,  merely  recognize  the 
autliority  of  the  various  States  to  establish  and  maintain  such  organizations 
for  their  ovrn  purposes.     (Dig.  Opin.  J,  A.  G.,  January,  1918.) 

AViiere  a  State  has  failed  to  enact  appropriate  legislation  to  obtain  the  bene- 
fits of  the  Federal  appropriations  for  its  National  Guard  provided  for  in  Rcvif?ed 
Statutes,  section  1661  as  amended  (34  Stat.  449),  as  superseded  by  the  national- 
defense  act  of  June  3, 1916  (39  Stat.  166),  and  where  the  National  Guard  of  such 
State  has  been  drafted  into  the  Federal  service,  the  right  of  the  governor  of  such 
State  to  raise  and  equip  a  temporary  military  force  to  be  known  as  a  State  police 
or  constabulary  is  recognized  by  section  61  of  said  act.  By  the  act  of  June  14, 
during  the  present  emergency,  rifles,  ammunition,  etc.,  for  its  equipment.  (Id., 
February,  1918.) 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1^15.  335 

lary  as  may  be  organized  by  the  several  States  and  Territories  and 
District  of  Columbia,  and  such  other  home  guards  as  may  be  organ- 
ized under  the  direction  of  the  governors  of  the  several  States  and 
Territories  and  the  Commissioners  of  the  District  of  Columbia  or 
other  State  troops  or  militia,  such  rifles  and  ammunition  therefor, 
cartridge  belts,  haversacks,  canteens,  in  limited  amounts  as  available 
supplies  will  permit,  provided  that  the  property  so  issued  shall 
remain  the  property  of  the  United  States  and  shall  be  receipted  for 
by  the  governors  of  the  several  States  and  Territories  and  Commis- 
sioners of  the  District  of  Columbia  and  accounted  for  by  them  under 
such  regulations  and  upon  furnishing  such  bonds  or  security  as  the 
Secretary  of  War  may  prescribe,  and  that  any  property  so  issued 
shall  be  returned  to  the  United  States  on  demand  when  no  longer 
needed  for  the  purposes  for  which  issued,  or  if.  in  the  judgment  of 
the  Secretary  of  War,  an  exigency  requires  the  use  of  the  property 
for  Federal  purposes.    Att  of  Jmle  U,  1917  {^0  Stat.  181). 

1361f.  Same — Use  of  rifle  ranges  extended  to. — All  home  guards, 
State  troops  and  militia  receiving  arms  and  equipments  as  herein 
provided  shall  have  the  use,  in  the  discretion  of  the  Secretary  of 
War  and  under  such  regulations  as  he  may  prescribe,  of  riHe  ranges 
owned  or  controlled  by  the  United  States  of  America.     Id. 

1364a.  Field  Artillery,  Orgav.i?:ed  Militia^  horses  for.  care  of  same, 
etc. — For  the  purpose  of  this  section  the  total  number  of  horses  shall 
not  exceed  thirty-two  to  any  one  battery  or  four  to  each  battalion 
or  regimental  headquarters,  and  that  such  horses  shall  be  used  ex- 
clusively for  Field  Artillery  purposes:  And  provided  further,  That 
the  men  to  be  so  compensated,  not  to  exceed  five  for  each  battery, 
shall  be  duly  enlisted  therein  and  shall  be  detailed  by  the  battery 
commander  under  such  regulations  as  the  Secretary  of  War  may  pre- 
scribe, and  shall  be  paid  by  the  United  States  disbursing  officer  in 
each  State  provided  for  in  the  Act  of  January  twenty-first,  nineteen 
hundred  and  three, ^  entitled,  "An  Act  to  promote  the  efficiency  of  the 
Militia,  and  for  other  purposes,"  as  amended.  Act  of  Mar.  4,  1015 
{38  Stat.  1071). 

1364b.  Same — Horses  to  conform  to  standards  for  Regular  Army 
and  remain  property  of  United  States,  etc. — The  funds  appropriated 
by  section  sixteen  hundred  and  sixty-one.  Revised  Statutes,  and  by 
the  Act  entitled  "An  Act  to  promote  the  efficiency  of  the  militia, 
and  for  other  purposes,"  approved  May  twenty-seventh,  nineteen 
hundred  and  eight,^  as  amended,  shall  be  available  for  the  purchase 
under  such   regulations   as   the   Secretary  of  War   may   prescribe, 

*  See  paragraph  1356,  ante,  or  32  Stat.  777. 


336  MILITAKY   LAWS   OF   THE   UNITED   STATES,  1915. 

of  horses  conforming  to  the  Eegular  Army  standards,  said  horses 
to  remain  the  property  of  the  United  States  and  to  be  for  the  sole 
continuous  use  of  the  Field  Artillery  of  the  Organized  Militia.  Id. 
1364c.  Same — Secretary  of  IV ar  may  issue  condemned  Army  horses 
to. — The  Secretary  of  War  may,  under  the  provisions  of  this  Act 
and  such  regulations  as  he  may  prescribe,  issue  to  the  Field  Artil- 
lery organizations  hereinbefore  mentioned  and  without  cost  to  the 
State  condemned  Army  horses  which  are  no  longer  fit  for  service 
but  may  still  be  suitable  for  purposes  of  instruction,  the  same  to 
be  sold  as  now  provided  by  law  when  the  latter  purpose  has  been 
served.    Id,  1072, 

(See  paragraphs  1364i,  13G4j,  post.) 

1364d.  Field  Artillery  material  for  Organhed  Militia,  accounting 
for. — For  the  purpose  of  procuring  Field  Artillery  material  for  the 
Organized  Militia  of  the  several  States,  Territories,  and  the  Dis- 
trict of  Columbia,  without  cost  to  the  said  States,  Territories,  or 
the  District  of  Columbia,  but  to  remain  the  property  of  the  United 
States  and  to  be  accounted  for  in  the  manner  now  prescribed  by 
law,  the  Secretary  of  War  is  hereby  authorized,  imdcr  such  regu- 
lations as  he  may  prescribe,  on  the  requisitions  of  the  governors 
of  the  several  States  and  Territories,  or  the  commanding  general 
of  the  Militia  of  the  District  of  Columbia,  to  issue  said  Artillery 
material  to  the  Organized  Militia;  and  tlie  sum  of  $1,000,000  is 
hereby  appropriated  and  made  immediately  available  and  to  remain 
available  until  the  end  of  the  fiscal  year  nineteen  hundred  and  fif- 
teen for  the  procurement  and  issue  of  the  articles  constituting  the 
same.    Act  of  Mar,  2,  1913  {37  Stat.  721), 

1364e.  Same. — For  the  purpose  of  manufacturing  Field  Artillery 
material  for  the  Organized  Militia  of  the  several  States,  Territo- 
ries, and  the  District  of  Columbia,  without  cost  to  the  said  States, 
Territories,  or  the  District  of  Columbia,  but  to  remain  the  property 
of  the  United  States  and  to  be  accounted  for  in  the  manner  now 
prescribed  by  law,  the  Secretary  of  War  is  hereby  authorized,  under 
such  regulations  as  he  may  prescribe,  on  the  requisitions  of  the 
governors  of  the  several  States  and  Territories  or  the  commanding 
general  of  the  Militia  of  the  District  of  Columbia,  to  issue  said 
Artillery  material  to  the  Organized  Militia;  and  the  sum  of  $2,- 
090,000  is  hereby  appropriated  and  made  immediately  available  and 
to  remain  available  until  the  end  of  the  fiscal  year  nineteen  hundred 
and  seventeen,  for  the  manufacture  and  issue  of  the  articles  consti- 
tuting the  same. 

*See  paragraph  1354,  ante. 


MILITARY  LAWS   OF  THE  UNITED   STATES,  1915.  337 

Provided^  That  not  more  than  $170,000  of  this  appropriation  may 
be  used  for  the  purchase  of  Field  Artillery  material.  Act  of  Mar.  If^ 
1915  {38  Stat.  1083). 

1364f.  Field  artillery  material  for  the  National  Guard. — For  the 
purpose  of  manufacturing  field  artillery  material  for  the  National 
Guard  of  the  several  States,  Territories,  and  the  District  of  Colum- 
bia, but  to  remain  the  property  of  the  United  States  and  to  be  ac- 
counted for  in  the  manner  now  prescribed  by  law,  the  Secretary  of 
War  is  hereby  authorized,  under  such  regulations  as  he  may  pre- 
scribe, on  the  requisitions  of  the  governors  of  the  several  States  and 
Territories  or  the  commanding  general  of  the  National  Guard  of  the 
District  of  Columbia,  to  issue  said  artillery  material  to  the  National 
Guard;  and  the  sum  of  $10,000,000  is  hereby  appropriated  and  made 
immediately  available  and  to  remain  available  until  the  end  of  the 
fiscal  year  nineteen  hundred  and  eighteen,  for  the  manufacture  and 
issue  of  the  articles  constituting  the  same :  Provided^  That  not  more 
than  $5,000,000  of  this  appropriation  may  be  used  for  the  purchase 
of  field  artillery  material.    Act  of  Aug.  29, 1916  (39  Stat.  6U)  • 

1364g.  Field  artillery  ammimition  for  the  Organized  Militia. — 
For  the  purpose  of  manufacturing  reserve  ammunition  for  Field 
Artillery  for  the  Organized  Militia  for  the  several  States,  Terri- 
tories, and  the  District  of  Columbia,  the  funds  to  be  immediately 
available  and  to  remain  available  until  the  end  of  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  seventeen,  $2,900,000. 

Provided,  That  not  more  than  $100,000  of  this  appropriation  may 
be  used  in  the  purchase  of  field  artillery  reserve  ammunitions.  Act 
of  Mar.  4, 1915  (38  Stat.  1083). 

1364h.  Amraunition  for  Field  Artillery  for  the  National  Guard.-^ 
For  the  purpose  of  manufacturing  reserve  ammunition  for  Field 
Artillery  for  the  National  Guard  of  the  several  States,  Territories, 
and  the  District  of  Columbia,  the  funds  to  be  immediately  available, 
and  to  remain  available  until  the  end  of  the  fiscal  year  ending  June 
thirtieth,  nineteen  hundred  and  eighteen,  $10,000,000. 

Provided,  That  not  more  than  $5,000,000  of  this  appropriation 
may  be  used  in  the  purchase  of  field  artillery  reserve  ammunition. 
Act  of  Aug.  29, 1916  (39  Stat.  6U)' 

13641.  Funds  allotted  available  for  purchase  of  horses  for  Field 
Artillery  and  Cavalry. — Funds  allotted  by  the  Secretary  of  War  for 
the  support  of  the  National  Guard  shall  be  available  for  the  pur- 
chase, under  such  regulations  as  the  Secretary  of  War  may  prescribe, 
of  horses  conforming  to  the  Regular  Army  standards  for  the  use  of 
Field  Artillery  and  Cavalry  of  the  National  Guard,  said  horses  to 
remain  the  property  of  the  United  States  and  to  be  used  solely  for 
military  purposes.    Sec.  89,  Act  of  June  S,  1916  (89  Stat.  205), 

54208°— 18 22 


338  MILITARY  LAWS   OF   THE   UXITED  STATES,  1915. 

1364J.  Sarae — Numher  to  he  issued  to  battery  or  troof^  or  issuance 
of  condemyved  Army  Horses  in  lieu  of  pwchase. — Horses  so  purchased 
may  be  issued  not  to  exceed  thirty-two  to  any  one  battery  or  troo]), 
under  such  regulations  as  the  Secretary  of  War  may  prescribe,  and 
the  Secretary  of  War  is  further  authorized  to  issue,  in  lieu  of  pur- 
chase, for  the  use  of  such  organizations,  condemned  Army  horses 
which  are  no  longer  fit  for  service,  but  which  may  be  suitable  for  tbe 
purposes  of  instruction,  such  horses  to  be  sold  as  now  provided  by 
r^Jaw  when  said  purposes  shall  have  been  served.    Id. 

(See  parngraphs  1864a-1364c,  ante.) 

1364k.  Same — Forage^  heddlnr/,  shoeing,  and  care  of,  etc. — Funds 
allotted  by  the  Secretary  of  War  for  the  support  of  the  National 
Guard  shall  be  available  for  the  purchase  and  issue  of  forage,  bed- 
ding, shoeing,  and  veterinary  services,  and  supplies  for  the  Govern- 
ment horses  issued  to  any  battery  or  troop,  and  for  the  compensation 
of  competent  help  for  the  care  of  the  material,  animals,  and  equip- 
ment thereof,  under  such  regulations  as  the  Secretary  of  War  maj' 
prescribe.     Sec.  90,  icL 

13641.  Same — Not  to  exceed  five  enlisted  men  for  each  hattery  or 
troop  to  he  detailed  for  care  of. — The  men  to  be  compensated,  not  to 
exceed  fiveforeachbattery  or  troop,  shall  be  duly  enlisted  therein  and 
shall  be  detailed  by  the  battery  or  troop  commander,  under  such 
regulations  as  the  Secretary  of  War  may  prescribe,  and  shall  be  paid 
by  the  United  States  disbursing  officer  in  each  State,  Territory,  and 
the  District  of  Columbia.     Id. 

1364m.  Horses  for  Field  Artillery,  Cavalry,  and  other  mounted 
units  of  National  Guard. — To  provide  for  the  purchase,  under  such 
regulations  as  the  Secretary  of  War  ma^^  prescribe,  of  horses  conform- 
ing to  the  Regular  Army  standards  for  the  use  of  Field  Artillery, 
Cavalry,  signal  companies,  engineer  companies,  ambulance  companies, 
and  other  mounted  units  of  the  National  Guard,  said  horses  to  remain 
the  property  of  the  United  States  and  to  be  used  solely  for  military 
purposes.  Horses  so  purchased  may  be  issued  not  to  exceed  thirty- 
two  to  any  one  battery,  troop,  or  company,  or  four  to  a  battalion  or 
regimental  headquarters,  under  such  regulations  as  the  Secretary  of 
Wnr  may  prescribe.     Act  of  Aug.  29, 1916  {39  Stat  6J^5) . 

1364n.  Compensation  for  care  of  material,  animals,  and  equip- 
ment.— ^To  provide  for  the  compensation  of  competent  help  for  the 
care  of  materiel,  animals,  and  equipment  thereof,  under  such  regula- 
tions as  the  Secretary  of  War  may  prescribe:  Provided,  That  the 
men  to  be  compensated,  not  to  exceed  five  for  each  battery,  trooj), 
or  company,  shall  be  duly  enlisted  therein  and  shall  be  detailed  by 
the  battery,  troop,  or  company  commander  under  such  regulations 
as  the  Secretary  of  War  may  prescribe,  and  shall  be  paid  by  the 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915,  339 

United  States  disbursing  officer  in  each  State,  Territory,  and  the 
District  of  Cohimbia.    Id. 

1364o.  Transfer  of  horses  and  i^ach  mules  to  National  Guard  or- 
ganhations. — The  Secretary  of  War  is  hereby  authorized  to  transfer 
to  those  organizations  of  the  Xational  Guard  entitled  thereto  such 
number  of  horses  and  pack  mules  purchased  by  the  Quartermaster 
Coq^s  of  the  Army  under  the  provisions  of  the  Act  of  July  first, 
nineteen  hundred  and  sixteen,^  not  required  for  the  proper  equip- 
ment of  organizations  of  the  Regular  Army,  that  can  be  issued  to 
National  Guard  organizations  under  the  regulations  prescribed  by 
the  Secretary  of  War,  all  expenses  incident  to  such  transfer  to  be 
met  from'  appropriations  made  for  and  on  behalf  of  the  National 
Guard;  pack  mules  so  transferred  may  be  issued  not  to  exceed  six  to 
any  one  radio  company,  machine-gun  troop  or  company,  or  four  to 
any  one  ambulance  company,  under  such  regulations  as  the  Secre- 
tary of  War  may  prescribe.    Act  of  May  12, 1917  {1^0  Stat.  65). 

1365a.  8uf flying  new  types  of  small  arms  or  field  guns. — Under 
such  regulations  as  the  President  may  prescribe,  whenever  a  new 
type  of  equipment,  small  arm,  or  field  gun  shall  have  been  issued 
to  the  National  Guard  of  the  several  States,  Territories,  and  the  Dis- 
trict of  Columbia,  such  equipment,  small  arms,  and  field  guns,  in- 
cluding all  accessories,  shall  be  furnished  without  charging  the  cost 
or  value  thereof  or  any  expense  connected  therewith  against  the 
appropriations  provided  for  the  support  of  the  National  Guard.  Sec, 
84,  Act  of  June  3,  1916  {39  Stat.  20i). 

1366a.  Stores,  supplies,  and  materiel  of  war  purchased  hy  States 
and  Territories  may,  in  time  of  war,  he  requisitioned  hy  United 
States. — Stores,  supplies,  and  materiel  of  war  so  purchased  by  a 
State,  Territory,  or  the  District  of  Columbia  may,  in  time  of  actual 
or  threatened  war,  be  requisitioned  by  the  United  States  for  use  in 
the  military  service  thereof,  and  when  so  requisitioned  by  the  United 
States  and  delivered  credit  for  the  ultimate  return  of  such  property 
in  kind  shall  be  allowed  to  such  State,  Territory,  or  the  District  of 
CohuTibia.    Sec.  86,  id. 

(For  the  preceding  provision  of  tliis  section  see  paragrapli  1354b.) 

1367a.  Militia  Coast  Artillery,  equipment  of  armories. — Equip- 
ment  of  armories. — Equipment  of  Coast  Artillery,  armories,  Organ- 
ized Militia. — Dummy  guns  and  mortars,  mounts  for  dummy  guns 
and  mortars,  dummy  ammunition,  loading  appliances,  range  and 
position  finding  equipment,  aiming  and  laying  devices,  subcaliber 
tubes  and  mountings  therefor,  labor  and  material  necessary  to  install 
dummy  guns  and  mortars,  and  to  provide  appliances  and  devices  for 

1  Urgent  deficiencies  appropriations  for  the  Military  and  Naval  Establish- 
ments (39  Stat.  337). 


340  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

instructional  purposes  in  armory  buildings  provided  by  States  for 
Coast  Artillery  companies  of  the  Organized  Militia,  to  be  immedi- 
ately available  and  to  remain  available  until  expended,  *  *  *^ 
Act  of  Apr.  27,  lOlJf  {38  Stat,  360). 

1372a.  District  of  Columbia,  lease  of  armory,  etc.,  for. — The  com- 
manding general  of  the  Militia  of  the  District  of  Columbia  is  author- 
ized to  enter  into  a  contract  or  contracts  for  the  lease  of  an  armory, 
stable,  drill  shed,  and  warehouse  for  Cavalry,  Field  Artillery,  Signal 
Corps,  and  Hospital  Corps  troops  in  one  building,  or  separately,  for 
a  period  not  to  exceed  five  years,  renewable  at  the  option  of  the  said 
commanding  general  for  an  additional  period  of  not  exceeding  five 
years,  at  an  annual  rental  not  to  exceed  $10,000.  Act  of  Mar,  3, 1917 
{39  Stat.  mO). 


CHAPTER  XXXII. 


VOLUNTEERS. 


Par. 

Volunteer  divisions  of  Infantry, 
not  to  exceed  four,  may  be 
raised,  organized,  and  equip- 
ped ;  officers  for 1383a 

Same — Organization  shall  be 
same  as  for  Regular  Army 1383b 

Same — Age  limit  for  enlistment 
in 1383c 

Same — Division  smallest  unit 
which  will  be  accepted 1383d 

Extra  pay  on  muster  out  in  lieu 
of  furlough,  etc 1383e 


Par. 

Discharge  to  be  of  date  of  mus- 
ter out  of  organization 1383f 

Certificates  of  nonindebtedness 
on  discharge  of  officers  ac- 
countable for  public  property-  1383g 

Same — Affidavit  of  officers  not 
accountable  sufficient 1383h 

Same — Mustering  officers  au- 
thorized to  administer  oaths__  13831 

Extra  pay  on  muster  out,  pay- 
able to  legal  representatives-.  1383j 

Pay  and  allowances  of 1394a 


VOLUNTEERS. 

1383a.  Volunteer  divisions  of  infantry^  not  to  exceed  four^  may  he 
raised^  organized  and  equipped;  officers  for. — The  President  is 
further  authorized  to  raise  and  maintain  by  vohmtary  enlistment,  to 
organize,  and  equip,  not  to  exceed  four  infantry  divisions,  the  officers 
of  which  shall  be  selected  in  the  manner  provided  by  paragraph 
three  ^  of  section  one  of  this  Act.  Par.  7,  sec,  i,  Act  of  May  18, 
1917  no  Stat.  77). 

(For  paragraph  6,  section  1,  see  paragraph  1636,  post.) 

1383b.  Same — Organization  shall  he  same  as  for  Regular  Army. — 
The  organization  of  said  force  shall  be  the  same  as  that  of  the  cor- 
responding organization  of  the  Regular  Army.    Id. 

1383c.  Same — Age  limit  for  enlistment  in. — There  shall  be  no  en- 
listments in  said  force  of  men  under  twenty-five  years  of  age  at  time 
of  ejilisting.    Id. 

1383d.  Same — Division  smallest  unit  which  tvill  he  accepted. — No 
such  volunteer  force  shall  be  accepted  in  any  unit  smaller  than  a 
division.    Id. 

1383e.  Extra  pay  on  muster  out  in  lieu  of  furlough,  etc. — In  lieu  of 
granting  leaves  of  absence  and  furloughs  to  officers  and  enlisted 
men  belonging  to  companies  and  regiments  of  United  States  Vol- 
unteers prior  to  muster  out  of  the  service,  all  officers  and  enlisted 
men  belonging  to  volunteer  organizations  hereafter  mustered  out  of 
the  service  who  have  served  honestly  and  faithfully  beyond  the  limits 
of  the  United  States  shall  be  paid  two  months'  extra  pay  on  muster 
out  and  discharge  from  the  service,  and  all  officers  and  enlisted  men 


"  See  paragraph  1630,  post,  or  40  Stat  76. 


841 


342 

belonging  to  organizations  hereafter  mustered  out  of  the  service  who 
have  served  honestly  and  faithfully  within  the  limits  of  the  United 
States  shall  be  paid  one  month's  extra  pay  on  muster  out  and  dis- 
charge from  the  service,  from  any  money  in  the  Treasury  not  other- 
wise appropriated.    Sec.  1,  Act  of  Jan.  12, 1899  {SO  Stat.  78/^,). 

1383f.  Discharge  to  be  of  date  of  muster  out  of  organization. — The 
discharge  of  all  officers  and  enlisted  men  from  the  volunteer  service 
of  the  United  States  shall,  as  far  as  pnicticable,  take  effect  on  the 
date  of  the  muster  out  of  the  organization  to  which  they  belong,  and 
tl\at  regiments  and  other  independent  organizations  shall  be  mustered 
out  at  camps  within  the  limits  of  the  United  States  or  at  the  ren- 
dezvous of  the  State,  regiment,  or  independent  organization.    Id. 

1383g,  Certificates  of  nonindehtedness  on  discharge  of  officeis  ao 
countable  for  public  properti/. — Officers  who  at  any  time  w^ere  ac- 
countable or  responsible  for  public  i)roperty  shall  be  required,  be- 
fore final  payment  is  made  to  them  on  discharge  from  the  service,  to 
obtain  certificates  of  nonindehtedness  to  the  United  States  from  only 
such  of  the  bureaus  of  the  War  Department  to  which  the  property 
for  which  the}^  were  accountable  or  responsible  pertains,  and  the 
certificate  from  the  Chief  of  the  Division  of  Bookkeeping  and  War- 
rants, Treasury  Department,  and  such  certificates,  accompanied  by 
the  affidavits  of  officers,  of  nonaccountability  or  nonresponsibility  to 
other  bureaus  of  the  War  Department,  certified  to  by  the  com- 
manding officer  of  the  regiment  or  independent  organization,  shall 
warrant  their  final  payment.     Sec.  ^,  id. 

1383h.  Same — Affidavit  of  officers  not  accountable  sufficient. — Offi- 
cers who  have  not  been  responsible  at  any  time  for  public  property 
shall  be  requii^etl  to  make  affidavit  of  that  fact,  certified  to  by  their 
commanding  officers,  which  shall  be  accepted  as  sufficient  evidence  to 
warrant  their  final  payment  on  their  discharge  from  the  service.     Id, 

13831.  Same — Mustering  officers  authorized  to  administer  oaths. — 
Mustering  officers  are  empowered  to  administer  oaths  in  all  matters 
pertaining  to  the  muster  out  of  volunteers.     Id. 

1383J.  Extra  pay  on  m/uster  out.^  payable  to  legal  representatires. — 
The  Act  of  elanuary  twelfth,  eighteen  hundred  and  ninety-nine,  be, 
and  it  is  hereb}'  amended  so  as  to  authorize  the  payment  to  the  legal 
heirs  or  representatives  of  the  officers  and  enlisted  men  who  died  or 
were  killed  or  who  may  die  in  the  service,  the  extra  pay  provided  for 
in  that  Act  for  officers  and  enlisted  men  who  have  been  or  are  to  be 
mustered  out.    Act  of  Mar.  3, 1899  {SO  Stat.  1071^). 

1394a.  Pay  and  allowances  of. — In  all  matters  relating  to  the  pay 
and  allowances  of  officers  and  soldiers  of  the  Army  of  the  United 
States,  the  same  rules  and  regulations  shall  apply  to  the  Regular 
Army  and  to  volunteer  forces  mustered  into  the  service  of  the  United 
States  for  a  limited  period.    Sec.  1292,  R.  S. 


CHAPTER  XXXIII. 


INDIANS— INDIAN  AGENTS— INDIAN  COUNTRY. 

Par. 
Prohibition  of  permits  to  Indians  to  go  into  Texas  repealed 1413a. 

1413a.  Prohibition  of  yermits  to  Indians  to  go  into  Texas  re- 
pealed.— So  much  of  section  four  of  the  Act  of  May  eleventh,  eighteen 
hundred  and  eighty  (Twenty-first  Statutes  at  Large,  page  one  hun- 
dred and  thirty-two),  as  prohibits  granting  permission  in  w^riting  or 
otherwise  to  any  Indian  or  Indians  on  any  Indian  reservation  to  go 
into  the  State  of  Texas,  under  any  pretext  whatever,  be,  and  the 
same  is  hereby,  repealed.    Act  of  May  18,  1916  {39  Stat,  128). 

343 


CHAPTER  XXXIV. 


THE  EMPLOYMENT  OF  MILITARY  FORCE. 


Par. 
Declaration  of  existence  of  war 
between  the  Imperial  Ger- 
man Government  and  the  Gov- 
ernment of  the  United  States.  1415a 
Vessels  within  jurisdiction  of 
United  States  belonging  to  its 

enemies  to  be  taken  over 1415b 

Same — Appointment  cf  board  of 
survey  to  ascertain  value  of 

such  vessels 1415c 

Treason 1415d-1415k 

Treason  defined 1415d 

Same — Punishment  for 1415e 

Misprison    of    treason    defined; 

punishment  of 1415f 

Inciting,  etc.,  rebellion  or  insur- 
rection;  punishment  for 1415g 

Criminal  correspondence  with 
foreign  Governments ;  punish- 
ment for;  redress  of  private 

injuries 1415h 

Seditious  conspiracy ;  punish- 
ment for 14151 

Recruiting  for  service  against 
the  United  States;  punish- 
ment for 1415J 

Enlisting  to  serve  against  the 
United     States ;     punishment 

for 1415k 

Ti-ading  with  the  enemy,  1420a-1439d 

Definition  of  act. 1420a 

"Enemy"  defined 1420b 

"Ally  of  enemy"  defined 1420c 

"  Person  "  defined 1420d 

"  United  States  "  defined 1420e 

"  Beginning  of  the  war "  de- 
fined    1420f 

"  End  of  the  war  "  defined 1420g 

"  Bank  or  banks  "  defined 1420h 


Par. 

"To  trade"  defined 14201 

Act  not  to  be  construed  as  val- 
idating act,  etc.,  constituting 
trade  with,  etc.,  enemy  since 
beginning  of  war  and  prior  to 
passage  of  act  otherwise  void-  1420j 

Conveyances,  etc.,  in  violation 
of  section  3  without  license 
not  to  confer  right  or  remedy 
in  respect  thereof;  assignee, 
indorsee,  etc.,  of  debt,  note, 
etc.,  by,  from,  etc.,  of  enemy, 
etc.,  not  to  have  right  or  rem- 
edy, etc 1420k 

Payment  of  obligations  assigned 
to  person-  not  an  enemy,  etc., 
prior  to  beginning  of  war 14201 

Payments  by  enemy,  etc.,  to  per- 
son in  United  States  not  en- 
emy made  prior  to  beginning 
of  war 1420m 

Same — License  therefor 1420n 

Suits  or  actions  in  courts  in 
United  States  by  enemy  or 
ally  or  enemy  prior  to  end  of 
war  not  authorized  by  act 1420o 

Same — Exceptions  as  to  enemy 
licensed  to  do  business  under 
act 1 1420p 

Right  of  enemy,  etc.,  to  defend 
by  counsel 1420q 

Notice  from  President  that  any 
person  is  enemy,  etc.,  prima 
facie  defense  in  suit  or  ac- 
tion    1420r 

Same — Notice    from    President 
that  any  person  is  enemy,  etc., 
prima  facie  evidence  in  prose- 
cution under  section  16  of  act-  1420s 
345 


346 


MILITARY   LAWS    OF   THE   UNITED   STATES,  1&15. 


Alien  property  custodian-  1424a- 

Appointnient,  salary,  general 
powers  and  duties 

Same — Bond 

Clerks,  attorneys,  investigators, 
etc.,  for 

Same — Appointment  of  from 
civil-service  list 

Annual  report  to  Congress  of 
proceedings  under  act 

Same — List  showing  number 
and  compensation  of  employees, 
and  kind  of  property  taken, 
etc 

Requiring  property  owned  by, 
etc.,  enemy  or  ally  of  enemy 
conveyed,  etc.,  to  alien  prop- 
erty custodian 

Voluntary  payment  of  property, 
etc.,  of  enemy  or  ally  of  enemy 
to  alien  property  custodian; 
when  authorized 

Acts  done  under  order,  rule,  or 
regulation  of  President  not  to 
create  liability  in  court 

Effect  of  payment  or  delivery  of 
property,  etc.,  to  alien  prop- 
erty custodian 

Aclviiowledgment,  receipt,  etc.,  of 
conveyance,  etc.,  of  property 
to  alien  property  custodian__ 

Certificate  of  appointment  of 
alien  property  custodian ;  evi- 
dence in  all  courts  of  United 
States 

Same — Record  of  by  courts,  and 
certified  copy  of  such  record 
to  be  received  in  evidence 

Contracts,  mortgages,  pledges, 
etc.,  held  by  pei'sons  not  enemy 
or  ally  of  enemy  against  or 
with  enemy  or  ally  of  enemy ; 
holding,  enforcement,  dispos- 
ing, etc.,  thereof 

Same — Rules  and  regulations 
therefor  

Same — Disposition  of  surplus 

Abrogation  of  contracts  with 
enemy  or  ally  of  enemy  pro- 
viding for  delivery  during  or 
after  war  of  things  produced, 
etc.,  in  United  States ;  notice- 


Par. 
1424JJ 

1424a 
1424b 

1424c 

1424(1 

1424e 


1424f 


1424g 


1424h 


14241 


1424.1 


1424k 


14241 


1424m 


1424n 

14240 
1424p 


1424q 


I'ar. 

Suspension  of  running  of  stat- 
utes of  limitations  relating  to 
rights  or  remedies  on  con- 
tracts, etc.,  made  prior  to  war  ; 
contracts  included li2-lr 

Same — Suspension  of  running  of 
other  statutes  of  limitations 1424s 

Claims  to  property,  etc.,  trans- 
ferred, etc.,  to  alien  property 
ctistodian  by  persons  not 
enemy  or  ally  of  enemy ;  no- 
tice, filing,  form,  delivery  of 
property  to  claimant,  and  or- 
der for 1424t 

Order  for  not  bar  to  suit  to  es- 
tablish right,  etc.,  against 
claimant 1424u 

Same — Suits  to  establish  claim 
to  sueh  property 1424v 

Attachment,  etc.,  of  proi>erty 
transferred  to  alien  pnjperty 
custodian 1424w 

I'roperty  transferred  to  alien 
property  custodian  under  sec- 
tion 10  not  governed  by  this 
section 1424x 

liloneys,  etc.,  transferred  to  alien 
property  custodian,  payment 
into  Treasury 1424y 

Property,  etc.,  transferred  to 
alien  property  custodian,  keep- 
ing, etc. ;  designation  of  de- 
positaries   1424z 

Same — Certain  property  to  be 
deposited  in  depositaries  or 
with  Secretary  of  Treasury.-  1424aa 

Depositaries  to  give  bond 1424bb 

General  powers  of  alien  prop- 
erty custodian 1424cc 

Transfer  by  corporations,  etc., 
on  books,  stocks,  etc.,  owned 
by  enemy  or  ally  of  enemy  to 
alien  property  custoilian 1424dd 

Proceeds  of  sales  of  property, 
etc.,  to  be  deposited  in  Treas- 
ury by  alien  property  cus- 
todian   1424ee 

Property,  etc.,  transferred  to 
Treasurer  of  United  States^ 
when 1424ff 

Claims  of  enemy  or  ally  of  en- 
emy at  end  of  war,  settle- 
ment    1424gg 


MILITARY   LAWS   OF   THE   UNITED   STATES^  1013. 


347 


I*ar. 

Same — Payment  or  transfer  in 
accordance  with  order  of 
President  or  decree  of  court-  1424lih 

Same — Payment  by  Treasurer 
of  funds  deposited  by  licensee-  1424ii 

Appropriation  for  expenses 1424jj 

Acts  proliibited 1425a-1425u 

Trading  v/itli,  etc.,  enemy  or 
ally  of  enemy,  etc.,  without 
license 1425a 

Transporting,  etc.,  into  or  from 
United  States,  subjects  or  citi- 
zens of  enemy  or  ally  of  en- 
emy nation  without  license 1425b 

Sending  into  or  from  United 
States  letters,  etc.,  except  in 
regular  course  of  mail ;  send- 
ing, etc.,  out  of  United  States 
letters,  etc.,  for  or  to  enemy 
or  ally  of  enemy 1425c 

Same — Exceptions,  etc 1425d 

Censorship    of    communications 

by  mail,  etc 1425e 

Evading,  etc.,  censoi-ship,  pun- 
ishment    1425f 

Licenses  to  enemy  or  ally  of  en- 
emy in.surance  or  reinsurance 
companies,  etc.,  doing  business 
in  United  States__ 1425g 

Condition  of  license  and  revoca- 
tion of 1425h 

Revocation  or  refusal  to  license, 

notice  of 14251 

Abrogation  of  existing  contracts 
with  enemy  or  ally  of  eiiemy 
insurance  or  reinsurance  com- 
pany    1425J 

President's  proclamation  relat- 
ing to  marine  and  war-risk  in- 
surance as  affecting  German 
insurance  companies  to  re- 
main in  force  for  certain 
time 1425k 

Licensed  enemy  or  ally  of  enemy 
insurance  or  reinsurance  com- 
panies not  to  transmit  funds, 
etc.,  out  of  United  States.  etc_  14251 

Lawful  for  enemy  or  ally  of  en- 
emy to  do  business  in  United 
States,  when  and  under  what 
conditions 1425m 


rar. 

Transmission,  etc.,  of  money, 
etc.,  out  of  United  States 1425n 

F'ailure  to  apply  for  license 
within  time  limit,  refusal  or 
revocation  of  license ;  trading 
prohibited  in  cases  of 1425o 

Claim  of  policyholder  or  insur- 
ance company  not  an  enemy 
or  ally  of  enemy,  premiums 
on  existing  policies,  etc.,  on 
revocation  of  or  refusal  to 
license,  etc 1425p 

Change  of  name  of  enemy  or 
ally  of  enemy 1425(1 

Prohibiting  foreign  insurance 
companies  from  doing  or  li- 
censing such  companies  to  do 
business  in  United  States 1425r 

Suspension  of  provisions  of  act 
relating  to  ally  of  enemy;  li- 
censes, etc.,  to  do  business; 
rules  and  regulations  for  en- 
forcement of  act 14253 

Postponement  of  performance  of 
certain  acts 1425t 

Regulate,  etc.,  transactions  in 
foreign  exchange,  etc.,  of  gold 
or  silver  coin  or  bullion  or 
currency,  transmission  of 
credits,  etc 142511 

Acts  permitted 1425v-1425uu 

Applications  for  leters  patent, 
or  registration  of  trade-mark, 
etc.,  or  copyright  by  enemy  or 
ally  of  enemy 1425v 

Same — Extension  of  time  for  fil- 
ing applications 1425w 

Payment  of  tax,  annuity,  or  fee 
in  relation  to  patents,  etc..  to 
enemy  or  ally  of  enemy;  ap- 
plication for  patents,  etc.,  by 
citizens  of  United  States  in 
country  of  enemy,  etc 1425x 

Licenses  to  manufacture,  use, 
etc.,  articles  covered  by  pat- 
ent, etc.,  owned  by  enemy  or 
ally   of  enemy 1425y 

Same — Conditions  of  licenses 
and  fees  for  same 1425z 


348 


MILITARY   LAWS   OF    THE   UNITED   STATES,  1915. 


Tar. 

Same — License  defense  to  suit 
instituted  by  owners  of  pat- 
ents, etc 1425aa 

Statements  filed  by  licensees 
with  President,  contents  ;  pay- 
ment to  alien-property  custo- 
dian of  per  centum  from  re- 
ceipts from  sales,  etc 1425bb 

Term  of  licenses 1425cc 

Cancellation  of  licesses 1425dd 

Suits  against  license  by  owner 

of  patent,  etc 1425ee 

Same— Notice  of  suits 1425ff 

Same — Defenses 1425gg 

Same — Court  may  award. rea- 
sonable royalty 1425hh 

Same — Fund  from  which  judg- 
ment and  decree  shall  be 
paid 1425ii 

Repayment  of  percentum  depos- 
ited with  alien  property  cus- 
todian     1425JJ 

Ileports  to  President  to  cease 
upon  entry  of  suit  or  repay- 
ment of  funds 1425kk 

Termination  of  license  on  suit 
brought ;  injunction  against 
infringement  by  licensee 142511 

Ilestraining  infringement  of  pat- 
ents, etc.,  by  enemy  or  ally  of 
enemy 1425mm 

Same — Notice  to  alien  property 
custodian  before  entry  of 
judgment 1425nn 

Certain     powers     of     attorney 

valid 142500 

Keeping  secret  inventions  and 
withholding  grant  of  patents 
therefor 1425pp 

Same — Inventions      abandoned, 

when 1425qq 

Same — Compensation  to  pat- 
entee for  use  of  inventions 
tendered  to  United  States, 
etc - 1425rr 

Offenses,  punishment,  forfeiture 

of  property,  etc 1425ss 

Rules,  orders,  process,  etc.,  by 

district  courts  ;  appeals 1425tt 

Jurisdiction  of  courts  of  Philip- 
pine Islands  and  Canal  Zone 
of  offenses  under  act 1425uu 


Par. 


Lists  of  enemy  or  ally  of  enemy 
officers,  directors,  or  stock- 
holders of  corporations,  etc., 
in  United  States,  with  amount 
of  stock  owned  by  such  offi- 
cers, etc 

Lists  of  stocks  owned  by  enemy 

or  ally  of  enemy 

Alien   property    custodian    may 

strike  names  from  such  lists 

Reports  of  property  held  for  or 
debts  due  to  enemy  or  ally  of 

enemy '. 

Same — Report  of  property  and 
of  debts  as  of  date  of  Febru- 
ary 3,  1917 

Same — Alien  property  custodian 
may  strike  names  from  such 

reports 

Extension  of  time  for  filing  lists 

of  reports 

Importation  of  certain  articles 
into  United  States  prohibited 
on  proclamation  by  President- 
Statements  required  from  mas- 
ters of  vessels  and  owners, 
etc.,  of  cargoes  before  grant- 
ing clearance,  contents 

Same — Copies  for  American 
consular   officer    on    reaching 

destination 

liefusal  of  clearance  to  vessels 
on  belief,  etc.,  that  statements 
required    by    section    13    are 

false 

Reports  by  collector  of  customs 
of  gold  or  silver  coin,  etc.,  in 

cargoes  intended  for  export 

Search  warrants 1449a- 

Authority  for  issue 

Same — Grounds  for  issue 

Same — Probable  cause  and  affi- 
davit  

Same — Examination  of  appli- 
cant and  witnesses;  affidavits 

and  depositions 

Same — Affidavits  and  deposi- 
tions  

Same — Issuance  of,  contents 

Same — Service  of 

Same — Service,  breaking  and  en- 
tering  


1427a 
1427b 
1427c 

1427d 

1427e 

1427f 
1427g 

1431a 

1439a 
1439b 

1439c 


1439d 
1449V 
1449a 
1449b 

1449c 


1449d 

1449e 
1449f 
1449g 

1449h 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


349 


Par. 

Same — Service,  breaking  and  en- 
tering to  liberate  detained 
person  aiding  in  execution  of 
warrant 1449i 

Same — Service  in  daytime 1449j 

Same — Time  for  service  and  re- 
turn  14491i 

Same — Copy  of  and  receipt  for 
property  taken  to  person  from 
wliom  taken 14491 

Same — Return,  inventory  of 
property  taken 1449m 

Same — Returns,  copy'  of  inven- 
tory for  person  from  whom 
property  was  taken  and  to 
applicant 1449n 

Same — Taking  testimony 1449o 

Same — Restoration  of  property 
taken ;  retention  of  custody  of 
property  by  officer  or  other 
disposition 1449p 

Same — Filing  papers  with  clerk 

of  court  having  jurisdiction—  1449q 

Same — Obstructing,  etc.,  serv- 
ice, or  execution,  etc.,  punish- 
ment    1449r 

Same — Perjury  and  subornation 

of  perjury 1449s 

Same — Maliciously  procuring  is- 
sue of,  punishment 1449t 

Same — Officer  exceeding  author- 
ity, punishment 1449u 

Same — Existing  laws  not  re- 
pealed    1449v 

Enlisting     in     foreign     service, 

punishment 1468a 

Same — Exceptions 1468b 

Repatriation 1468c-1468h 

Certain  American  citizens  who 
have  enlisted  in  foreign 
armies 1468c 

Same — No  claim  for  pension, 
etc.,  shall  accrue  to  United 
States  for  disabilities  in- 
curred in  foreign  army  or 
navy 1468d 

Same — Procedure 1468e 

Same — Duty  of  consular  officer 
or  court 1468f 

Same — Citizenship  acquired 1468g 

Same — Joint  regulations  by  Sec- 
retaries of  State  and  Labor__  1468h 


Par. 

Neutrality 1469a-1472b 

Wthholding  clearance  from  ves- 
sels violating,  during  exist- 
ence of  war  to  which  United 
States  is  not  a  party 1469a 

Same — Penalty  for  vessels  de- 
parting jurisdiction  of  United 
States  without  clearance 1469b 

Restrictions  on  importations 
from  United  States  under 
laws  of  belligerent,  penalty 
for 1469c 

Vessels  under  belligerent  laws 
discriminating  against  citizens 
of  United  States,  penalty  for_  1469d 

Restrictions  under  belligerent 
laws  on  commerce  of  Ameri- 
can ships  or  citizens,  penalty 
for 1469e 

Same — Penalty  for  vessels  de- 
parting without  clearance 1469f 

Same — President  authorized  to 
use  land  or  naval  forces  for 
enforcement  of  act 1469g 

Vessels  in  ports  of  the  United 

States 1469h-14691 

Rules  and  regulations  govern- 
ing anchorage  and  movement ; 
taking  control  and  possession 
of 1469h 

Same — Powers  of  Governor  of 
Canal  Zone  as  to 14691 

Same — Failure  to  comply  with 
rules  and  regulations;  seizure 
and  forfeiture  of  vessels,  etc_  1469j 

Same — Destruction  or  injury  of 
vessels;  use  of  vessels  as  re- 
sort for  persons  conspiring 
against  United  States,  etc. ; 
punishment 1469k 

Same — Employment  of  land  or 
naval  forces  for  enforcement 
of  title 14691 

Injuring  vessels  engaged  in  for- 
eign commerce,  punishment 1469m 

Interference  with  foreign  com- 
merce by  violeJit  means,  pun- 
ishment   -.-* 1469n 

ri469o- 
I  1469W 

Withholding  clearance  papers 
from  vessels 1469o 


Enforcement  of  neutrality 


350 


MILITARY   LAWS   OF   THE    UNITED   STATES,   1915. 


Detoution  of  armed  vessels 

f^eiuling  out  armed  vassels  with 
intent  to  deliver  sjime  to  bel- 
U.iierents 

Statement  from  master  of  ves- 
sel that  cargo  will  not  be  de- 
li\ered  to  other  vessels,  etc., 
ftdditioii;il  to  reciuirements  of 
sees.  4197,  4]  OS,  and  4200,  Re- 
vised Statutes 

Forbidding  departure  of  vessels, 
when 

Unlawful  taking  of  vessels  out 
of  port,  punishment 

Leaving  jurisdiction,  etc.,  by  in- 
terned persons  of  armed  land 
or  naval  forces  of  bellig(Ment 
nations,  arrest  and  punish- 
ment  

Employment  of  land  or  naval 
forces  for  enforcement  of  title- 
Neutrality  regulations  of  Mar. 
4,  1915,  repealed 

Organizing  military  expedition 
against  friendly  power, punish- 
ment   . 

Same — President  authorized  to 
use  laud  or  naval  forces  to 
prevent  violation 

Same — Extends  to  all  land  and 
water,  continentiil  or  insular, 
within  jurisdiction  of  United 
States 

Compelling  foreign  vessels  to 
depart,  etc 

Mexico 1475a 

Employment  of  armetl  force  in, 
by  President  justified 

Same — Hostility  to  Mexican  peo- 
ple disclaimed 


Par. 
1469p 


1409(1 


1469r 
1469s 
1469t 

1469u 
14G0v 
1469w 

1471a 

1472a 

1572b 

1473a 
-1475b 

1475a 

1475b 


Tar. 
Seizure     of     arras     and     other 

articles  intended  for  export 1475c- 

14751 

Authority  to  make  seizure 1475c 

Samc^ — Forfeiture      to      United 

States 1475r| 

Same — Application  for  warrant. 

issue  of  warrant I475d 

Same — Custody      of      property 

seized 1475e 

Sji.me — Petition    of    owner    for 

restoration,  hearing 1475f 

Same — Libel    of   property,    sale 

of  property: ]475g 

Same — Procedure  on  petition  of 

owtier  and  libelant 1475h 

Same — Bond   for   redelivery   of 

property J475i 

Same — Oi)eration  of  title 1475j 

Same — Release   of  property   on 

payment  of  costs,  etc 1475k 

Same — Enforcement  of  title 14751 

Certain  exjwrts  in  time  of  war 

unlawful 1475m-1475p 

Proclamation  by  the   President 

as  to 1475m 

Same — Punishment  for  exporta- 
tion, etc 1475ii 

Same — Kefiusal  of  clearance   to 

vessels 1475o 

Same — Punishment    for    taking. 

etc.,  such  vessel' out  of  port, 

etc 1475p 

General  provisions 1475q-1475t 

United  States  defined 1475q 

.Jurisdiction  of  offenses 1475r 

Prosecutions  under  prior  laws, 

rei^aled,   etc 1475s 

Effect   of   partial   invalidity   of 

act 1475t 


1415a.  Declaration  of  existence  of  war  hetween  the  Imperial  Ger- 
man Government  and  the  Government  of  the  United  States. — The 
state  of  war  between  the  United  States  and  the  Imperial  German 
Government  which  has  thus  been  thrust  upon  the  United  States  is 
hereby  formally  declared;  and  that  the  President  be,  and  he  is 
hereby,  authorized  and  directed  to  employ  the  entire  naval  and 
militaiy  forces  of  the  United  States  and  the  resources  of  the  Gov- 
ernment to  carry  on  war  against  the  Imperial  German  Government; 
and  to  bring  the  conflict  to  a  successful  termination  all  of  the  re- 


MILITAEY   LAWS   OF   THE   UNITED   STATES,   1915.  351 

sources  of  the  country  are  hereby  pledged  by  the  Congress  of  the 
United  States.^     Joint  Resolution  of  Apr.  6',  1917  HO  Stat.  1). 

1415b.  Vessels  loithin  jurisdiction  of  the  United  States  belonging 
i-o  its  enemies  to  he  taken  over. — The  President  be,  and  he  is  hereby, 
authorized  to  take  over  to  the  United  States  the  immediate  pos- 
session and  title  of  any  vessel  within  the  jurisdiction  thereof,  includ- 
ing the  Canal  Zone  and  all  territories  and  insular  possessions  of  the 
United  States  except  the  American  Virgin  Islands,  which  at  the  time 
of  coming  into  such  jurisdiction  was  owned  in  whole  or  in  part  by 
any  corporation,  citizen,  or  subject  of  any  nation  with  which  the 
United  States  may  be  at  w^ar  when  such  vessel  shall  be  taken,  or 
was  flying  the  flag  of  or  was  mider  register  of  any  such  nation  or 
any  political  subdivision  or  municipality  thereof;  and,  through  the 
United  States  Shipping  Board,  or  any  department  or  agency  of 
the  Government,  to  operate,  lease,  charter,  and  equip  such  vessel 
in  any  service  of  the  United  States,  or  in  any  commerce,  foreign 
or  coastwise. — See.  1^  Joint  Resolution  of  May  12^  1917  {Jfi  StM.  75). 

1415c.  Same — Appointment  of  board  of  survey  to  ascertain  value 
of  S'ueh  vessels. — The  Secretary  of  the  Navy  be,  and  he  is  hereby, 
authorized  and  directed  to  appoint,  subject  to  the  approval  of  the 
President,  a  board  of  survey,  whose  duty  it  shall  be  to  ascertain 
the  actual  value  of  the  vessel,  its  equipment,  appurtenances,  and  all 
property  contained  therein,  at  the  time  of  its  taking,  and  to  make 
a  written  repoi-t  of  their  findings  to  the  Secretary  of  the  Navy,  who 
shall  preserve  such  report  with  the  records  of  his  department. 
These  findijigs  shall  be  considered  as  competent  evidence  in  all 
proceedings  on  any  claim  for  compensation.    Sec,  ^,  id, 

TREASON. 

141 5d.  Treason  defined. — Whoever,  owing  allegiance  to  the  United 
States,  levies  war  against  tliein  or  adheres  to  their  enemies,  giving 
them  aid  and  comfort  within  the  United  States  or  elsewhere,  is 
guilty  of  treason.  Sec.  1^  Act  of  Mar.  4^  1909,  Criminal  Code  {35 
Stat^  108S). 

(Tills  section  reenact"  section  5331,  Revised  Statutes,  which  it  I'epeals.) 


^'Dw  j)re;nnble  to  this  resolution  I'eeites  that  "Whereas  the  Imperial  German 
(naxHiunont  has  committed  repeated  acts  of  war  against  the  Governmeiit  and 
live  j>oople  of  the  United  States  of  America:  Therefore  be  it  resolved,"  etc. 
T'pon  the  question  raise<l  as  to  the  "  date  of  commenc^ement  of  the  present  war  " 
with  reference  to  the  action  which  should  be  taken  on  claims  of  officers  and 
enlisted  men  for  property  dc^stroyed  in  the  military  service  under  the  act  of 
Conirress  approved  March  3,  1885,  providinj^  that  the  act  "shall  not  apply  to 
lesses  sustained  in  time  of  war  or  hostilities  with  Indians." 

HcW,  that  the  date  of  the  connnencement  of  the  present  war  should  he 
it^j:urded  as  the  date  of  the  api)roval  of  the  joint  i-esolution  of  Congress  of 
April  6,  1917,  formally  declaring:  a  state  of  war  as  existing  l^etween  tlie  United 
States  and  tlie  Imperial  German  Government.  (War  Dept.  Bull.  49,  Aug.  22, 
1917.) 


352  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

1415e.  Same — Punishment  for. — Whoever  is  convicted  of  treason 
shall  suffer  death;  or,  at  the  discretion  of  the  court,  shall  be  im- 
prisoned not  less  than  five  years  and  fined  not  less  than  ten  thousand 
dollars,  to  be  levied  on  and  collected  out  of  any  or  all  of  his  property, 
real  and  personal,  of  which  he  was  the  owner  at  the  time  of  commit- 
ting such  treason,  any  sale  or  conveyance  to  the  contrary  notwith- 
standing; and  every  person  so  convicted  of  treason  shall,  moreover, 
l3€  incapable  of  holding  any  office  under  the  United  States.  Sec, 
2,  id. 

(This  section  substantially  reenacts  section  5332,  Revised  Statutes,  which  is 
repealed.) 

1415f.  Misprision  of  treason  defined^  punishinent  of. — Whoever, 

owing  allegiance  to  the  United  States  and  having  knowledge  of  the 

commission  of  any  treason  against  them,  conceals  and  does  not,  as 

soon  as  may  be,  disclose  and  make  known  the  same  to  the  President 

or  to  some  judge  of  the  United  States,  or  to  the  governor  or  to  some 

judge  or  justice  of  a  particular  State,  is  guilty  of  misprision  of 

treason  and  shall  be  imprisoned  not  more  than  seven  years  and  fined 

not  more  than  one  thousand  dollars.    Sec.  S,  id. 

(This  swtion  reenacts  section  5333,  Revised  Statutes,  which  is  repealed.) 

1415g.  Inciting^  etc.^  rebellion  or  insurrection;  'punishment  for. — 

Whoever  incites,  sets  on  foot,  assists,  or  engages  in  any  rebellion  or 

insurrection  against  the  authority  of  the  United  States  or  the  laws 

thereof,  or  gives  aid  or  comfort  thereto,  shall  be  imprisoned  not  more 

than  ten  years,  or  fined  not  more  more  than  ten  thousand  dollars,  or 

both;  and  shall,  moreover,  be  incapable  of  holding  any  office  under 

the  United  States.    Sec.  4,  id. 

(This  section  is  a  substantial  reenactment  of  section  5334,  Revised  Statutes, 
which  is  repealcHl.) 

1415h.  Criminal  correspondence  with  foreign  governments ;  pun- 
ishment for;  redress  of  private  injuries. — Every  citizen  of  the  United 
States,  whether  actually  resident  or  abiding  within  the  same,  or  in 
any  place  subject  to  the  jurisdiction  thereof,  or  in  any  foreign  coun- 
try, without  permission  or  authority  of  the  Government,  directly  or 
indirectly,  commences  or  carries  on  any  verbal  or  written  corre- 
spondence or  intercourse  with  any  foreign  government  or  any  officer 
or  agent  thereof,  with  an  intent  to  influence  the  measures  or  conduct 
of  any  foreign  government  or  of  any  officer  or  agent  thereof,  in  rela- 
tion to  any  disputes  or  controversies  with  the  United  States,  or  to 
defeat  the  measures  of  the  Government  of  the  United  States;  and 
every  person,  being  a  citizen  of  or  resident  within  the  United  States 
or  in  any  place  subject  to  the  jurisdiction  thereof,  and  not  duly 
authorized,  counsels,  advises,  or  assists  in  any  such  correspondence 
with  such  intent,  shall  be  fined  not  more  than  five  thousand  dollars 
and  imprisoned  not  more  than  three  years;  but  nothing  in  this  sec- 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  353 

tion  shall  be  construed  to  abridge  the  right  of  a  citizen  to  apply, 

himself  or  his  agent,  to  any  foreign  government  or  the  agents  thereof 

for  redress  of  any  injury  which  he  maj^  have  sustained  from  such 

government  or  any  of  its  agents  or  subjects.    Sec.  5,  id. 

(This  section  is  a  substantial  reenactment  of  section  5335,  Revised  Statutes, 
wliich  is  repealed.) 

14151.  Seditious  conspiracy^  punishment  for. — If  two  or  more  per- 
sons in  any  State  or  Territory,  or  in  any  place  subject  to  the  juris- 
diction of  the  United  States,  conspire  to  overthrow,  put  down,  or  to 
destroy  by  force  the  Government  of  the  United  States,  or  to  levy 
war  against  them,  or  to  oppose  by  force  the  authority  thereof,  or  by 
force  to  prevent,  hinder,  or  delay  the  execution  of  any  law  of  the 
United  States,  or  by  force  to  seize,  take,  or  possess  any  property  of 
the  United  States  contrary  to  the  authority  thereof,  they  shall  each 
be  fined  not  more  than  five  thousand  dollars,  or  imprisoned  not  more 
than  six  years,  or  both.     Sec.  6,  id,  1089. 

(This  section  is  a  substantial  reenactment  of  section  5336,  Revised  Statutes, 
which  is  repealed.) 

1415J.  Recruiting  for  service  against  the  United  States,  punishment 

for. — Whoever  recruits  soldiers  or  sailors  within  the  United  States, 

or  in  any  place  subject  to  the  jurisdiction  thereof,  to  engage  in  armed 

hostility  against  the  same,  or  opens  within  the  United  States,  or  in 

any  place  subject  to  the  jurisdiction  thereof,  a  recruiting  station  for 

the  enlistment  of  such  soldiers  or  sailors  to  serve  in  any  manner  in 

armed  hostility  against  the  United  States,  shall  be  fined  not  more 

than  one  thousand  dollars  and  imprisoned  not  more  than  five  years. 

Sec.  7,  id. 

(This  section  is  a  substantial  reenactment  of  section  5337,  Revised  Statutes, 
which  is  repealed.) 

1415k.  Enlisting  to  serve  against  the  United  States,  punishment 
for. — Every  person  enlisted  or  engaged  within  the  United  States  or 
in  any  place  subject  to  the  jurisdiction  thereof,  with  intent  to  serve 
in  armed  hostility  against  the  United  States,  shall  be  fined  one  hun- 
dred dollars  and  imprisoned  not  more  than  three  years.    Sec.  8,  id. 

(This  section  is  a  substantial  reenactment  of  section  5338,  Revised  Statutes, 
which  is  repealed.) 

TRADING  WITH  THE  ENEMY. 

1420a.  Definition  of  act. — This  Act  shall  be  known  as  the  "  Trading 

with  the  enemy  Act."    Sec.  1,  Act  of  Oct.  6,  1917  {40  Stat.  411). 
1420b.  '' Enemy ^^  defined. — The  word  "enemy,"  as  used  herein, 

shall  be  deemed  to  mean,  for  the  purposes  of  such  trading  and  of  this 

Act- 
Any  individual,  partnership,  or  other  body  of  individuals,  of  any 

nationality,  resident  within  the  territory  (including  that  occupied 

54208°— 18 23 


354  MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

by  the  military  and  naval  forces)  of  any  nation  with  which  the 
United  States  is  at  war,  or  resident  outside  the  United  States  and 
doing  business  within  such  territory,  and  any  corporation  incor- 
porated within  such  territory  of  any  nation  with  which  the  United 
States  is  at  war  or  incorporated  within  any  country  other  than 
the  United  States  and  doing  business  within  such  territory. 

The  government  of  any  nation  with  which  the  United  States  is  at 
war,  or  any  political  or  municipal  subdivision  thereof,  or  any  officer, 
official,  agent,  or  agency  thereof. 

Such  other  individuals,  or  body-  or  class  of  individuals,  as  may 
be  natives,  citizens,  or  subjects  of  any  nation  with  which  the  United 
Stat&s  is  at  war,  other  than  citizens  of  the  United  States,  wherever 
resident  or  wherever  doing  business,  as  the  President,  if  he  shall  find 
the  safety  of  the  United  States  or  the  successful  prosecution  of  the 
war  shall  so  require,  may,  by  proclamation,  include  within  the  term 
"  enemy."    Sec.  ^,  id. 

1420c.  '^Ally  of  enemy  "  defined, — The  words  "  ally  of  enemy,"  as 
used  herein,  shall  be  deemed  to  mean — 

Any  individual,  partnership,  or  other  body  of  individuals,  of  any 
nationality,  resident  within  the  territory  (including  that  occupied 
by  the  militaiy  and  naval  forces)  of  any  nation  which  is  an  ally  of 
a  nation  with  which  the  United  States  is  at  war,  or  resident  outside 
the  United  States  and  doing  business  within  such  territory,  and  any 
corporation  incorporated  within  such  territory  of  such  ally  nation, 
or  incorporated  within  any  country  other  than  the  United  States 
and  doing  business  within  such  territory. 

The  government  of  any  nation  which  is  an  ally  of  a  nation  with 
which  the  United  States  is  at  war,  or  any  political  or  municipal 
subdivision  of  such  ally  nation,  or  any  officer,  official,  agent,  or 
agency  thereof. 

Such  other  individuals,  or  body  or  class  of  individuals,  a  j  may  be 
natives,  citizens,  or  subjects  of  any  natipn  which  is  an  ally  of  a 
nation  with  which  the  United  States  is  at  war,  other  than  citizens 
of  the  United  States,  wherever  resident  or  wherever  doing  business, 
as  the  Pi'esident,  if  he  shall  find  the  safely  of  the  United  States  or 
the  successful  prosecution  of  the  war  shall  so  require,  may,  by  procla- 
mation, include  within  the  tenn  "ally  of  enemy."     Id. 

1420d.  ''Person''^  defined, — The  word  "person,"  as  used  herein, 
shall  be  deemed  to  mean  an  individual,  partnership,  association,  com- 
pany, or  other  unincorporated  body  of  individuals,  or  corporation  or 
body  politic.     Id.^  JI^W. 

14208.  ''United  States''  definedl— The  words  "United  States,"  as 
used  herein,  shall  he  deemed  to  mean  all  land  and  water,  continental 
or  insular,  in  any  way  within  the  jurisdiction  of  the  United  States 
or  occupied  by  the  military  or  naval  forces  thereof.     Id. 


MILITARY   LAWS   OP   THE   UNITED  STATES,  1915.  355 

1420f.  ^''Beginning  of  the  war'''  defined. — The  words  "the  begin- 
ning of  the  war,"  as  used  herein,  shall  be  deemed  to  mean  midnight 
ending  the  day  on  which  Congress  has  declared  or  shall  declare  war 
or  the  existence  of  a  state  of  war.     Id. 

1420g.  "  End  of  the  war  "  defined. — The  words  "  end  of  the  war," 
as  used  herein,  shall  be  deemed  to  mean  the  date  of  proclamation  of 
exchange  of  ratifications  of  the  treaty  of  peace,  unless  the  President 
shall,  by  proclamation,  declare  a  prior  date,  in  which  case  the  date 
so  proclaimed  shall  be  deemed  to  be  the  "  end  of  the  war "  within 
the  meaning  of  this  Act.     Id. 

1420h.  "  Bank  or  hanks  "  defined. — The  words  "  bank  or  banks,"  as 
used  herein,  shall  be  deemed  to  mean  and  include  national  banks. 
State  banks,  trust  companies,  or  other  banks  or  banking  associations 
doing  business  under  the  laws  of  the  United  States,  or  of  any  State 
of  the  United  States.     Id. 

14201.  "  To  trade  "  defined. — The  words  "  to  trade,"  as  used  herein, 
shall  be  deemed  to  mean — 

Pay,  satisfy,  compromise,  or  give  security  for  the  payment  or  satis- 
faction of  any  debt  or  obligation. 

Draw,  accept,  pay.  present  for  acceptance  or  payment,  or  indorse 
any  negotiable  instrument  or  chose  in  action. 

Enter  into,  carry  on,  complete,  or  perform  any  contract,  agree- 
ment, or  obligation. 

Buy  or  sell,  loan  or  extend  credit,  trade  in,  deal  with,  exchange, 
transmit,  transfer,  assign,  or  otherwise  dispose  of,  or  receive  any 
form  of  property. 

To  have  any  form  of  business  or  commercial  communication  or  in- 
tercourse with.    Id. 

(For  sections  3,  4,  5,  and  6  of  this  act  see  paragraphs  1425a-1425u,  and  1424a- 
1424f,  post.) 

1420J.  Act  not  to  he  construed  as  validating  act.,  etc.^  constituting 
trade  tvith^  etc.^  enemy  since  heginning  of  war  and  prior  to  passage  of 
act  otherwise  void. — Nothing  in  this  Act  contained  shall  render  valid 
or  legal,  or  be  construed  to  recognize  as  valid  or  legal,  any  act  or 
transaction  constituting  trade  with,  to,  from,  for  or  on  account  of,  or 
on  behalf  or  for  the  benefit  of  an  enemy  performed  or  engaged  in 
since  the  beginning  of  the  war  and  prior  to  the  passage  of  this  Act,  or 
anj^  such  act  or  transaction  hereafter  performed  or  engaged  in  ex- 
cept as  authorized  hereunder,  which  would  otherwise  have  been  or  be 
void,  illegal,  or  invalid  at  law.    Sec.  7,  id.,  I1I6. 

(For  the  pi-ovisions  of  this  section  preceding  this  paragraph  see  paragraphs 
1427a-1427g,  post.jb 

1420k.  Conveyances^  etc.,  in  violation  of  section  three  without 
license  not  to  confer  Hght  or  remedy  in  respect  thereof;  assignee, 


356  MILITARY  LAWS   OF   THE  UNITED  STATES,  1915. 

indorsee^  etc.^  of  debt^  note^  etc.^  hy^  from^  etc.^  of  enemy ^  etc.^  not  to 
have  right  or  remedy^  etc. — No  conveyance,  transfer,  delivery,  pay- 
ment, or  loan  of  money  or  other  property,  in  violation  of  section  three 
hereof,  made  after  the  passage  of  this  Act,  and  not  under  license  as 
herein  provided  shall  confer  or  create  any  right  or  remedy  in  respect 
thereof;  and  no  person  shall  by  virtue  of  any  assignment,  indorse- 
ment, or  delivery  to  him  of  any  debt,  bill,  note,  or  other  obligation  or 
chose  in  action  by,  from,  or  on  behalf  of,  or  on  account  of,  or  for  the 
benefit  of  an  enemy  or  ally  of  enemy  have  any  right  or  remedy  against 
the  debtor,  obligor,  or  other  person  liable  to  pay,  fulfill,  or  perform 
the  same  unless  said  assignment,  indorsement,  or  delivery  was  made 
prior  to  the  beginning  of  the  war  or  shall  be  made  under  license  as 
herein  provided,  or  unless,  if  made  after  the  beginning  of  the  war 
and  prior  to  the  date  of  passage  of  this  Act,  the  person  to  whom  the 
same  was  made  shall  prove  lack  of  knowledge  and  of  reasonable 
cause  to  believe  on  his  part  that  the  same  was  made  by,  from  or  on 
behalf  of,  or  on  account  oi,  or  for  the  benefit  of  an  enemy  or  ally  of 
enemy;  and  any  person  who  knowingly  pays,  discharges,  or  satisfies 
any  such  debt,  note,  bill,  or  other  obligation  or  chose  in  action  shall, 
on  conviction  thereof,  be  deemed  to  violate  section  three  hereof.^ 
Id.,  Jfl7. 

14201.  Payment  of  obligations  assigned  to  person  not  an  enemy, 
etc.,  prior  to  beginning  of  war. — Nothing  in  this  Act  contained  shall 
prevent  the  carrying  out,  completion,  or  performance  of  any  contract, 
'  agreement,  or  obligation  originally  made  with  or  entered  into  by  an 
j  enemy  or  ally  of  enemy  where,  prior  to  the  beginning  of  the  war  and 
not  in  contemplation  thereof,  the  interest  of  such  enemy  or  ally  of 
.enemy  devolved  by  assignment  or  otherwise  upon  a  person  not  an 
enemy  or  ally  of  enemy,  and  no  enemy  or  ally  of  enemy  will  be 
benefited  by  such  carrying  out,  completion,  or  performance  otherwise 
than  by  release  from  obligation  thereunder.  Id, 
I  1420in.  Payments  by  enemy,  etc.,  to  person  in  United  States  not 
e(iemy  made  prior  to  beginning  of  war. — Nothing  in  this  Act  shall 
be  deemed  to  prevent  payment  of  money  belonging  or  owing  to  an 
'  enemy  or  ally  of  enemy  to  a  person  within  the  United  States  not  an 
enemy  or  ally  of  enemy,  for  the  benefit  of  such  person  or  of  any  other 
"person  within  the  United  States,  not  an  enemy  or  ally  of  enemy,  if 
the  funds  so  paid  shall  have  been  received  prior  to  the  beginning 
of  the  war  and  such  payments  arise  out  of  transactions  entered 
into  prior  to  the  beginning  of  the  war,  and  not  in  contemplation 
thereof.    Id, 

*  See  paragraphs  1425a-1425f ,  post     • 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1015.  357 

1420n.  Same — License  therefor. — Such  payment  shall  not  be  made 
without  the  license  of  the  President,  general  or  special,  as  provided 
in  this  Act.    Id. 

1420o.  Suits  or  actions  in  courts  in  United  States  hy  enemy  or  ally 
of  enemy  prior  to  end  of  war  not  authorized  hy  act. — Nothing  in  this 
Act  shall  be  deemed  to  authorize  the  prosecution  of  a^iy  suit  or  action 
at  law  or  in  equity  in  any  court  within  the  United  States  by  an 
enemy  or  ally  of  enemy  prior  to  the  end  of  the  war,  except  as 
provided  in  section  ten  hereof.     Id, 

1420p.  Same — Exceptions  as  to  enemy  licensed  to  do  business  under 
Act. — An  enemy  or  ally  of  enemy  licensed  to  do  business  under  this 
Act  may  prosecute  and  maintain  any  such  suit  or  action  so  far  as 
the  same  arises  solely  out  of  the  business  transacted  within  the 
United  States  under  such  license  and  so  long  as  such  license  remains 
in  full  force  and  effect.    Id. 

1420q.  Same — Right  of  enemy^  etc.,  to  defend  hy  counsel. — An 
enemy  or  ally  of  enemy  may  defend  by  counsel  any  suit  in  equity 
or  action  at  law  which  may  be  brought  against  him.    Id. 

1420r.  Notice  from  President  that  person  is  enemy ^  etc.^  prima  facie 
defense  in  suit  or  action. — Receipt  of  notice  from  the  President  to 
the  effect  that  he  has  reasonable  ground  to  believe  that  any  person 
is  an  enemy  or  ally  of  enemy  shall  be  prima  facie  defense  to  any  one 
receiving  the  same,  in  any  suit  or  action  at  law  or  in  equity  brought 
or  maintained,  or  to  any  right  or  set-off  or  recoupment  asserted  by, 
such  person  and  based  on  failure  to  complete  or  perform  since  the 
beginning  of  the  war  any  contract  or  other  obligation.    Id. 

1420s.  Same — Notice  from  President  that  person  is  enemy,  etc., 
pHma  facie  evidence  in  prosecution  under  section  16  of  act. — In  any 
prosecution  under  section  sixteen  ^  hereof,  proof  of  receipt  of  notice 
from  the  President  to  the  effect  that  he  has  reasonable  cause  to 
believe  that  any  person  is  an  enemy  or  ally  of  enemy  shall  be  prima 
facie  evidence  that  the  person  receiving  such  notice  has  reasonable 
cause  to  believe  such  other  person  to  be  an  enemy  or  ally  of  enemy 
within  the  meaning  of  section  three  hereof.    Id, 

(For  the  ensuing  provisions  of  this  section  see  paragraphs  1424g-1424m,  post.) 

ALIEN  PROPEKTT  CUSTODIAN. 

1424a.  Appointment,  salary,  general  powers  and  duties. — The 
President  is  authorized  to  appoint,  prescribe  the  duties  of,  and  fix 
the  salary  (not  to  exceed  $5,000  per  annum)  of  an  official  to  be 
known  as  the  alien  property  custodian,  who  shall  be  empowered  to 

receive  all  money  and  property  in  the  United  States  due  or  belonging 

_^ — ______ —  ■  I 

*See  paragraph  1425ss,  post. 


358 

to  an  enemy,  or  ally  of  enemy,  which  may  be  paid,  conveyed,  trans- 
ferred, assigned,  or  delivered  to  said  custodian  under  the  provisions 
of  this  Act ;  and  to  hold,  administer,  and  account  for  the  same  under 
the  general  direction  of  the  President  and  as  provided  in  this  Act. 
Sec.  0,  Id.,  PS. 

(For  sections  3,  4,  and  5  of  this  act  see  paragraphs  1425a-1425u,  post.) 

1424b.  Same — Bond. — The  alien  property  custodian  shall  give  such 
bond  or  bonds,  and  in  such  form  and  amount,  and  with  such  security 
as  the  President  shall  prescribe.     Id. 

1424c.  Clerks.,  attorneys.,  investigators,  etc.,  for. — The  President 
may  further  employ  in  the  District  of  Columbia  and  elseAvhere  and 
fix  the  compensation  of  such  clerks,  attorneys,  investigators,  account- 
ants, and  other  employees  as  he  may  find  necessary  for  the  due 
administration  of  the  provisions  of  this  Act.     Id. 

l424d.  Same — Appointment  of  from  Civil  Service  list. — Such 
clerks,  investigatoi^,  accountants,  and  other  employees  shall  be 
appointed  from  lists  of  eligibles  to  be  supplied  by  the  Civil  Service 
Commission  and  in  accordance  with  the  civil-servce  law.     Id. 

1424e.  Annual  report  to  Congress  of  proceedings  under  act. — The 
President  shall  cause  a  detailed  report  to  be  made  to  Congress  on 
the  first  day  of  January  of  each  year  of  all  proceedings  had  under 
this  Act  during  the  year  preceding.     Id. 

1424f .  Saine — List  showing  number  and  compensation  of  enfi- 
ployees,  and  kinds  of  property  taken,  etc.; — Such  report  shall  contain 
a  list  of  all  persons  appointed  or  employed,  with  the  salary  or  com- 
pensation paid  to  each,  and  a  statement  of  the  different  kinds  of 
property  taken  into  custody  and  the  disposition  made  thereof.     Id. 

1424g.  Requiring  property  owned  by,  etc.,  enemy  or  ally  of  enemy 
conveyed,  etc.,  to  alien  property  custodian. — If  the  President  shall  so 
require,  any  money  or  other  property  owning  or  belonging  to  or 
held  for,  by,  on  account  of,  or  on  behalf  of,  or  for  the  benefit  of  an 
enemy  or  ally  of  enemy  not  holding  a  license  granted  by  the  Presi- 
dent hereunder,  w^hich  the  President  after  investigation  shall  deter- 
mine is  so  owing  or  so  belongs  or  is  so  held,  shall  be  conveyed,  trans- 
ferred, assigned,  delivered,  or  paid  over  to  the  alien  property  cus- 
todian.   Sec.  7,  id,  418. 

(For  the  provisions  of  this  section  immediately  preceding  this  paragraph  see 
paragraphs  1420j-1420s,  ante.) 

14241i.  Voluntary  payment  of  property,  etc.,  of  enemy  or  ally  of 
enemy  to  alien  property  custodian,  when  authorized. — If  not  re- 
quired to  pa}^,  convey,  transfer,  assign,  or  deliver  under  the  pro- 
visions of  subsection  (c)  hereof,  any  person  not  an  enemy  or  ally  of 
enemy  who  owes  to,  or  holds  for,  or  on  account  of,  or  on  behalf  of, 
or  for  the  benefit  of  an  enemy  or  of  an  ally  of  enemy  not  holding  a 


1015.  359 

license  granted  by  the  President  hereunder,  any  money  or  other 
property,  or  to  whom  any  obligation  or  form  of  liability  to  sueh 
enemy  or  ally  of  enemy  is  presented  for  payment,  may,  at  his  option, 
with  the  consent  of  the  President,  pay,  convey,  transfer,  assign,  or 
deliver  to  the  alien  property  custodian  said  money  or  other  property 
under  such  rules  and  regulations  as  the  President  shall  prescribe.    Id. 

14241.  Acts  done  under  order ^  rule,,  or  regulations  of  President  not 
to  create  liability  in  court. — No  person  shall  be  held  liable  in  any 
court  for  or  in  respect  to  anything  done  or  omitted  in  pursuance  of 
sny  order,  rule,  or  regulation  made  by  the  President  under  the  au- 
thority of  this  Act.     Id. 

1424J.  Effect  of  payment  or  delivery  of  property.,  etc.,  to  alien  prop- 
erty custodian. — Any  payment,  conveyance,  transfer,  assignment,  or 
delivery  of  money  or  property  made  to  the  alien  property  custodian 
hereunder  shall  be  a  full  acquittance  and  discharge  for  all  purposes 
of  the  obligation  of  the  person  making  the  same  to  the  extent  of 
same.     Id, 

1424k.  Acknowledgment^  receipt.,  etc.,  of  conveyance.,  etc.,  of  prop- 
erty to  alien  property  custodian. — The  alien  property  custodian  and 
such  other  persons  as  the  President  may  appoint  shall  have  power  to 
execute,  acknowledge,  and  deliver  any  such  instrument  or  instru- 
ments as  may  be  necessary  ox  proper  to  evidence  upon  the  record  or 
otherwise  such  acquittance  and  discharge,  and  shall,  in  case  of  pay- 
ment to  the  alien  property  custodian  of  any  debt  or  obligation  owed 
to  an  enemy  or  ally  of  enemy,  deliver  up  any  notes,  bonds,  or  other 
evidences  of  indebtedness  or  obligation,  or  any  security  therefor  in 
which  such  enemy  or  ally  of  enemy  had  any  right  or  interest  that 
may  have  come  into  the  possession  of  the  alien  property  custodian, 
with  like  effect  as  if  he  or  they,  respectively,  were  duly  appointed 
by  the  enemy  or  ally  of  enemy,  creditor,  or  obligee.    Id. 

14241.  Cei'tificate  of  appointment  of  alien  property  custodian;  evi- 
dence in  all  couHs  of  United  States. — The  President  shall  issue  to 
every  person  so  appointed  a  certificate  of  the  appointment  and  au- 
tliority  of  such  person,  and  such  certificate  shall  be  received  in  evi- 
dence in  all  courts  within  the  United  States.    Id. 

1424m.  Same — Record  of  hy  courts^  and  certified  copy  of  such 
record  to  he  received  in  evidence. — Whenever  any  such  certificate  of 
authority  shall  be  offered  to  any  registrar,  clerk,  or  other  recording 
officer.  Federal  or  otherwise,  within  the  United  States,  such  officer 
shall  record  the  same  in  like  manner  as  a  power  of  attorney,  and  such 
record  or  a  duly  certified  copy  thereof  shall  be  received  in  evidence 
in  all  courts  of  the  United  States  or  other  courts  within  the  United 
States.    Id. 

1424n.  Contracts.,  mortgages.,  pledges.^  etc,  held  hy  persons  not 
enemy  or  ally  of  enemy  against  or  with  enemy  or  dtty  of  enemy; 


360  MILITARY  LAWS  OF   THE  UNITED  STATES^  1915. 

holding^  enforcement^  disposing^  etc.^  thereof. — Any  person  not  an 
enemy  or  ally  of  enemy  holding  a  lawful  mortgage,  pledge,  or  lien, 
or  other  right  in  the  nature  of  security  in  property  of  an  enemy  or 
ally  of  enemy  which,  by  law  or  by  the  terms  of  the  instrument  cre- 
ating such  mortgage,  pledge,  or  lien,  or  right,  may  be  disposed  of 
on  notice  or  presentation  or  demand,  and  any  person  not  an  enemy 
or  ally  of  enemy  who  is  a  party  to  any  lawful  contract  with  an  enemy 
or  ally  of  enemy,  the  terms  of  which  provide  for  a  termination 
thereof  upon  notice  or  for  acceleration  of  maturity  on  presentation 
or  demand,  may  continue  to  hold  said  property,  and,  after  default, 
may  dispose  of  the  property  in  accordance  with  law  or  may  termi- 
nate or  mature  such  contract  by  notice  or  presentation  or  demand 
served  or  made  on  the  alien  property  custodian  in  accordance  with 
the  law  and  the  terms  of  such  instrument  or  contract  and  under  such 
rules  and  regulations  as  the  President  shall  prescribe;  and  such  no- 
tice and  such  presentation  and  demand  shall  have,  in  all  respects, 
the  same  force  and  effect  as  if  duly  served  or  made  upon  the  enemy 
or  ally  of  enemy  personally.    Sec.  8,  Id.,  U8. 

1424o.  Sam-e — Rules  and  regulations  therefor. — No  such  rule  or 
regulation  shall  require  that  notice  or  presentation  or  demand  shall 
be  served  or  made  in  any  case  in  which,  by  law  or  by  the  terms  of 
said  instrument  or  contract,  no  notice,  presentation,  or  demand  was, 
prior  to  the  passage  of  this  Act,  required ;  and  that  in  case  where,  by 
law  or  by  the  terms  of  such  instrument  or  contract,  notice  is  required, 
no  longer  period  of  notice  shall  be  required.    Id.,  4J9. 

1424p.  Same — Disposition  of  surplus. — If,  on  any  such  disposition 
of  property,  a  surplus  shall  remain  after  the  satisfaction  of  the  mort- 
gage, pledge,  lien,  or  other  right  in  the  nature  of' security,  notice  of 
that  fact  shall  be  given  to  the  President  pursuant  to  such  rules  and 
regulations  as  he  may  prescribe,  and  such  surplus  shall  be  held  sub- 
ject to  his  further  order.    Id. 

1424q.  Abrogation  of  contracts  with  enemy  or  ally  of  enemy  pro- 
vidioig  for  delivery  during  or  after  war  of  things  produced,  etc.,  in 
United  States,  notice. — Any  contract  entered  into  prior  to  the  be- 
ginning of  the  war  between  any  citizen  of  the  United  States  or  any 
corporation  organized  within  the  United  States,  and  an  enemy  or 
ally  of  an  enemy,  the  terms  of  which  provide  for  the  delivery,  during 
or  after  any  war  in  which  a  present  enemy  or  ally  of  enemy  nation 
has  been  or  is  now  engaged,  of  anything  produced,  mined,  or  manu- 
factured in  the  United  ""tates,  may  be  abrogated  by  such  citizen  or 
corporation  by  serving  thirty  days'  notice  in  writing,  upon  the  alien 
property  custodian  of  his  or  its  election  to  abrogate  such  con- 
tract.   Id. 

1424r.  Suspension  of  running  of  statutes  of  limitations  relating  to 
rights  or  remedies  on  contracts^  etc.,  made  prior  to  war;  contracts 


1915.  361 

included. — The  running  of  any  statute  of  limitations  shall  be  sus- 
pended with  reference  to  the  rights  or  remedies  on  any  contract  or 
obligation  entered  into  prior  to  the  beginning  of  the  war  between 
parties  neither  of  whom  is  an  enemy  or  ally  of  enemy,  and  contain- 
ing any  promise  to  pay  or  liability  for  payment  which  is  evidenced 
by  drafts  or  other  commercial  paper  drawn  against  or  secured  by 
funds  or  other  property  situated  in  an  enemy  or  ally  of  enemy  coun- 
try, and  no  suit  shall  be  maintained  on  any  such  contract  or  obliga- 
tion in  any  court  within  the  United  States  until  after  the  end  of  the 
war,  or  until  the  said  funds  or  property  shall  be  released  for  the 
payment  or  satisfaction  of  such  contract  or  obligation.     Id. 

1424s.  Same — Suspension  of  running  of  other  statutes  of  limita- 
tions.— Nothing  herein  contained  shall  be  construed  to  prevent  the 
suspension  of  the  running  of  the  statute  of  limitations  in  all  other 
cases  where  such  suspension  would  occur  under  existing  law.    Id, 

1424t.  Claims  to  property^  etc.^  transferred^  etc.^  to  alien  property 
custodian  hy  persons  not  enemy  or  ally  of  enemy;  notice^  filing^ 
form.)  delivery  of  property  to  claimant.^  and  order  for. — Any  person, 
not  an  enemy,  or  ally  of  enemy,  claiming  any  interest,  right,  or  title  in 
any  money  or  other  property  which  may  have  been  conveyed,  trans- 
ferred, assigned,  delivered,  or  paid  to  the  alien  property  custodian 
hereunder,  and  held  by  him  or  by  the  Treasurer  of  the  United  States, 
or  to  whom  any  debt  may  be  owing  from  an  enemy,  or  ally  of  enemy, 
whose  property  or  any  part  thereof  shall  have  been  conveyed,  trans- 
ferred, assigned,  delivered,  or  paid  to  the  alien  property  custodian 
hereunder,  and  held  by  him  or  by  the  Treasurer  of  the  United  States, 
may  file  with  the  said  custodian  a  notice  of  his  claim  under. oath 
and  in  such  form  and  containing  such  particulars  as  the  said  cus- 
todian shall  require ;  and  the  President,  if  application  is  made  there- 
^  for  by  the  claimant,  may,  with  the  assent  of  the*  owner  of  said  prop- 
;erty  and  of  all  persons  claiming  any  right,  title,  or  interest  therein, 
order  the  payment,  conveyance,  transfer,  assignment  or  delivery 
to  said  claimant  of  the  money  or  other  property  so  held  by  the  alien 
property  custodian  or  by  the  Treasurer  of  the  United  States  or  of  the 
interest  therein  to  which  the  President  shall  determine  said  claimant 
is  entitled.    Sec.  P,  id, 

1424u.  Order  for  not  har  to  suit  to  establish  right^  etc.^  against 
claimant. — No  such  order  by  the  President  shall  bar  any  person 
from  the  prosecution  of  any  suit  at  law  or  in  equity  against  the 
claimant  to  establish  any  right,  title,  or  interest  which  he  may  have 
in  such  money  or  other  property.    Id, 

1424v.  Same — Suits  to  establish  clmm  to  such  property. — If  the 
President  shall  not  so  order  within  sixty  days  after  the  filing  of 
such  application,  or  if  the  claimant  shall  have  filed  the  notice  as 
above  required  and  shall  have  made  no  application  to  the  President, 


362  MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 

said  claimant  may,  at  any  time  before  the  expiration  of  six  months 
after  the  end  of  the  war,  institute  a  suit  in  equity  in  the  district 
court  of  the  United  States  for  the  district  in  which  such  claimant 
resides,  or,  if  a  corporation,  where  it  has  its  principal  place  of  busi- 
ness (to  which  suit  the  alien  property  custodian  or  the  Treasurer  of 
the  United  States,  as  the  c^se  may  be,  shall  be  made  a  party  defend- 
ant), to  establish  the  interest,  right,  title,  or  debt  so  claimed,  and 
if  suit  shall  be  so  instituted  then  the  money  or  other  property  of  the 
enemy,  or  ally  of  enemy,  against  whom  such  interest,  right,  or  title 
is  asserted,  or  debt  claimed,  shall  be  retained  in  the  custody  of  the 
alien  property  custodian,  or  in  the  Treasury  of  the  United  States,  as 
provided  in  this  Act,  and  until  any  final  judgment  or  decree  which 
shall  be  entered  in  favor  of  the  claimant  shall  be  fully  satisfied  by 
payment  or  conveyance,  transfer,  assignment,  or  delivery  by  the 
defendant  or  by  the  alien  property  custodian  or  Treasurer  of  the 
United  States  on  order  of  the  court,  or  until  final  judgment  or  decree 
shall  be  entered  against  the  claimant,  or  suit  otherwise  terminated. 

Id.,  m- 

1424w.  Attachment,  etc.,  of  property  trannf erred  to  alien  property 
custodian. — Except  as  herein  provided,  the  money  or  other  property 
conveyed,  transferred,  assigned,  delivered,  or  paid  to  the  alien  prop- 
erty custodian  shall  not  be  liable  to  lien,  attachment,  garnishment, 
trustee  process,  or  execution,  or  subject  to  any  order  or  decree  of 
any  court.    Id. 

1424x.  Property  transferred  to  alieii  property  cvstodian  under  sec- 
tion ten  not  governed  hy  this  section. — This  section  shall  not  apply, 
however,  to  money  paid  to  the  alien  property  custodian  under  sec- 
tion ten  ^  hereof.    Id, 

(For  sections  10  and  11  of  this  act  see  paragraplis  1425v-1425w  aud  1431a, 
post. ) 

1424y.  Moneys^  etc.,  transferred  to  alien  property  custodian,  pay- 
ment into  Treasury. — All  moneys  (including  checks  and  drafts  pay- 
able on  demand)  paid  to  or  received  by  the  alien  property  custodian 
pursuant  to  this  Act  shall  be  deposited  forthwith  in  the  Treasury  of 
the  United  States,  and  may  be  invested  and  reinvested  by  the  Sec- 
retary of  the  Treasury  in  United  States  bonds  or  United  States  cer- 
tificates of  indebtedness,  under  such  rules  and  regulations  as  the 
President  shall  prescribe  for  such  deposit,  investment,  and  sale  of 
securities;  and  as  soon  after  the  end  of  the  war  as  the  President 
shall  deem  practicable,  such  securities  shall  be  sold  and  the  proceeds 
deposited  in  the  Treasury.    Rec.  12,  id.,  1^23. 

1424z.  Property,  etc.,  transferred  to  alien  property  custodian,  keep- 
ing, etc.;  desigTvation  of  depositaries. — ^All  other  property  of  an 
enemy,  or  ally  of  enemy,  conveyed,  transferred,  assigned,  delivered, 
or  paid  to  the  alien  property  custodian  hereunder  shall  be  safely  held 
*  See  paragraphs  1425bb,  1425hh-1425j  j,  etc.,  post. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1D15.  863 

and  administered  by  him  except  as  hereinafter  provided;  and  the 
President  is  authorized  to  designate  as  a  depositary,  or  depositaries, 
of  property  of  an  enemy  or  ally  of  enemy,  any  bank,  or  banks,  or 
trust  company,  or  trust  companies,  or  other  suitable  depositary  or 
depositaries,  located  and  doing  business  in  the  United  States,    Id, 

1424aa.  Same — Certain  ■property  to  he  deposited  in  depositaries  or 
with  Secretary  of  Treasury, — The  alien  property  custodian  may 
deposit  with  such  designated  depositary  or  depositaries,  or  with  the 
Secretary  of  the  Treasury,  any  stocks,  bonds,  notes,  time  drafts, 
time  bills  of  exchange,  or  other  securities,  or  property  (except 
money  or  checks  or  drafts  payable  on  demand  which  are  required 
to  be  deposited  with  the  Secretary  of  the  Treasury)  and  such  de- 
positary or  depositaries  shall  be  authorized  and  empowered  to  col- 
lect any  dividends  or  interest  or  income  that  may  become  due  and 
any  maturing  obligations  held  for  the  account  of  such  custodian. 
Any  moneys  collected  on  said  account  shall  be  paid  and  deposited 
forthwith  by  said  depositary  or  by  the  alien  property  custodian  into 
the  Treasury  of  the  United  States  as  hereinbefore  provided.     Id. 

1424bb.  Depositaries  to  give  bond. — The  President  shall  require  all 
such  designated  depositaries  to  execute  and  file  bonds  sufficient  in 
his  judgment  to  protect  property  on  deposit,  such  bonds  to  be  con- 
ditioned as  he  may  direct.    Id, 

1424cc.  General  powers  of  alien  property  custodian. — The  alien 
property  custodian  shall  be  vested  with  all  of  the  powers  of  a 
common-law  trustee  in  respect  of  all  property,  other  than  money, 
which  shall  come  into  his  possession  in  pursuance  of  the  provisions 
of  this  Act,  and,  acting  under  the  supervision  and  direction  of  the 
President,  and  under  such  rules  and  regulations  as  the  President  shall 
prescribe,  may  manage  such  propert}?^  and  do  any  act  or  things  in 
respect  thereof  or  make  any  disposition  thereof  or  of  any  part 
thereof,  by  sale  or  otherwise,  and  exercise  any  rights  which  may  be 
or  become  appurtenant  thereto  or  to  the  ownership  thereof,  if  and 
when  necessary  to  prevent  waste  and  protect  such  property  and  to 
the  end  that  interests  of  the  United  States  in  such  property  and 
rights  or  of  such  person  as  may  ultimately  become  entitled  thereto, 
or  to  the  proceeds  thereof,  may  be  preserved  and  safeguarded.    Id. 

1424dd.  Transfer  hy  corporations ^^  etc.^  on  hooks,,  stocks,,  etc,  owned 
hy  enemy  or  oily  of  enemy  to  alie7i  propei'ty  custodian. — It  shall  be 
the  duty  of  every  corporation  incorporated  within  the  United  States 
and  every  unincorporated  association,  or  company,  or  trustee,  or 
trustees  within  the  United  States  issuing  shares  or  certificates  rep* 
resenting  beneficial  interests  to  transfer  such  .shares  or  certificates 
upon  its,  his,  or  their  boolvs  into  the  name  of  the  alien  property  cus- 
todian upon  demand,  accompanied  by  the  presentation  of  the  certifi* 
cates  which  represent  such  shares  or  beneficial  interests.    Id. 


364  MILITARY   LAWS   OF   THE   UNITED  STATES,   I^IS. 

1424ee.  Proceeds  of  sales  of  proferty^  etc.^  to  le  deposited  in  Treas- 
ury hy  alien  property  custodian, — The  alien  property  custodian  shall 
forthwith  deposit  in  the  Treasury  of  the  United  States,  as  herein- 
before provided,  the  proceeds  of  any  such  property  or  rights  so  sold 
}5y  him.     Id. 

1424ff.  Property^  etc.^  transferred  to  Treasurer  of  United  States^ 
when. — Any  money  or  property  required  or  authorized  by  the  pro- 
visions of  this  Act  to  be  paid,  conveyed,  transferred,  assigned,  or 
delivered  to  the  alien  property  custodian  shall,  if  said  custodian  shall 
so  direct  by  written  order,  be  paid,  conveyed,  transferred,  assigned, 
or  delivered  to  the  Treasurer  of  the  United  States  with  the  same 
effect  as  if  to  the  alien  property  custodian.     Id. 

1424gg.  Claims  of  enemy  or  ally  of  enemy  at  end  of  war^  settle- 
ment.— After  the  end  of  the  war  any  claim  of  any  enemy  or  of  an 
ally  of  enemy  to  any  money  or  other  property  received  and  held  by 
the  alien  property  custodian  or  deposited  in  the  United  States  Treas- 
ury, shall  be  settled  as  Congress  shall  direct.    /^.,  Jf2Jf.. 

1424hh.  Sanne — Payment  or  transfer  in  accordance  with  order  of 
President  or  decree  of  court. — On  order  of  the  President  as  set  forth 
in  section  nine  hereof,  or  of  the  court,  as  set  forth  in  sections  nine 
and  ten  hereof,  the  alien  property  custodian  or  the  Treasurer  of  the 
United  States,  as  the  case  may  be,  shall  forthwith  convey,  transfer, 
assign,  and  pay  to  the  person  to  whom  the  President  shall  so  order, 
or  in  whose  behalf  the  court  shall  enter  final  judgment  or  decree,  any 
property  of  an  enemy  or  ally  of  enemy  held  by  said  custodian  or  by 
said  Treasurer,  so  far  as  may  be  necessary  to  comply  with  said  order 
of  the  President  or  said  final  judgment  or  decree  of  the  court.    Id, 

142411.  Same — Payment  hy  Treasurer  of  funds  deposited  my  li- 
censee.— The  Treasurer  of  the  United  States,  on  order  of  the  alien 
property  custodian  shall,  as  provided  in  section  ten  hereof,  repay  to 
the  licensee  any  funds  deposited  by  said  licensee.    Id. 

1424JJ.  Appropriation  for  expenses. — The  sum  of  $450,000  is  hereby 
appropriated,  out  of  any  money  in  the  Treasury  of  the  United  States 
not  otherwise  appropriated,  to  be  used  in  the  discretion  of  the  Presi- 
dent for  the  purpose  of  carrying  out  the  provisions  of  this  Act  dur- 
ing the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and 
eighteen,  and  for  the  payment  of  salaries  of  all  persons  employed 
under  this  Act,  together  with  the  necessary  expenses  for  transporta- 
tion, subsistence,  rental  of  quarters  in  the  District  of  Columbia,  books 
of  reference,  periodicals,  stationery,  typewriters  and  exchanges 
thereof,  miscellaneous  supplies,  printing  to  be  done  at  the  Govern- 
ment Printing  Office,  and  all  other  necessary  expenses  not  included 
in  the  foregoing.    Sec.  15^  id.,  i25. 

(For  sections  13  and  14  of  this  act  see  paragraphs  1439a-1439d,  post.) 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915.  365 

ACTS   PROHIBITED. 

1425a.  Trading  with^  etc.^  enemy  or  ally  of  enemy^  etc.^  wUIiout 
Ucense.-^li  shall  be  unlawful — • 

For  any  person  in  the  United  States,  except  with  the  license  of  the 
President,  granted  to  such  person,  or  to  the  enemy,  or  ally  of  enemy, 
as  provided  in  this  Act,  to  trade,  or  attempt  to  trade,  either  directly 
or  indirectly,  with,  to,  or  from,  or  for,  or  on  account  of,  or  on  behalf 
of,  or  for  the  benefit  of,  any  other  person,  with  knowledge  or  reason- 
able cause  to  believe  that  such  other  person  is  an  enemy  or  ally  of 
enemy,  or  is  conducting  or  taking  part  in  such  trade,  directly  or 
indirectly,  for,  or  on  account  of,  or  on  behalf  of,  or  for  the  benefit 
of,  an  enemy  or  ally  of  enemy.    Sec,  3,  id.,  Jfl2. 

(For  sections  1  and  2  of  this  act  see  paragraphs  1420a-1420i,  ante.) 

1425b.  Transporting,  etc.,  into  or  from  United  States,  subjects  or 
citizens  of  enemy  or  ally  of  enemy  nation  without  license. — For  any 
person,  except  with  the  license  of  the  President,  to  transport  or  at- 
tempt to  transport  into  or  from  the  United  States,  or  for  any  owner, 
master,  or  other  person  in  charge  of  a  vessel  of  American  registry  to ; 
transport  or  attempt  to  transport  from  any  place  to  any  other  place, 
any  subject  or  citizen  of  an  enemy  or  ally  of  enemy  nation,  withj 
knowledge  or  reasonable  cause  to  believe  th^t  the  person  transported 
or  attempted  to  be  transported  is  such  subject  or  citizen.    Id, 

1425c.  Sending  into  or  from  United  States  letters,  etc.,  except  in 
regular  course  of  mail;  sending,  etc.,  out  of  United  States  letters, 
etc.,  for  or  to  enemy  or  ally  of  enemy. — For  any  person  (other  than 
a  person  in  the  service  of  the  United  States  Government  or  of  the 
Government  of  any  nation,  except  that  of  an  enemy  or  ally  of  enemy 
nation,  and  other  than  such  persons  or  classes  of  persons  as  may  be 
exempted  hereunder  by  the  President  or  by  such  person  as  he  may 
direct) ,  to  send,  or  take  out  of,  or  bring  into,  or  attempt  to  send,  or 
take  out  of,  or  bring  into  the  United  States,  any  letter  or  other 
writing  or  tangible  form  of  communication,  except  in  the  regular 
course  of  the  mail ;  and  it  shall  be  unlawful  for  any  person  to  send, 
take,  or  transmit,  or  attempt  to  send,  take,  or  transmit  out  of  the 
United  States,  any  letter  or  other  Avriting,  book,  map,  plan,  or  other 
paper,  picture,  or  any  telegram,  cablegram,  or  wireless  message,  or 
other  form  of  communication  intended  for  or  to  be  delivered,  directly 
or  indirectly,  to  an  enemy  or  ally  of  enemy.  Id, 
I  1425d.  Same — Exceptions,  etc. — Any  pei'son  may  send,  take,  or 
transmit  out  of  the  United  States  anything  herein  forbidden  if  he 
shall  first  submit  the  same  to  the  President,  or  to  such  officer  as  the 
I  President  may  direct,  and  shall  obtain  the  license  or  consent  of  the 
J  President,  under  such  rules  and  regulations,  and  with  such  exemp- 
tions, as  shall  be  prescribed  by  the  President.    Id.,  il3. 


366  MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

1425e.  Censorship  of  comrrvunicatioTis  hy  mail^  etc. — Whenever, 
during  the  present  war,  the  President  shall  deem  that  the  public 
safety  demands  it,  he  may  cause  to  be  censored  under  such  rules  and 
regulations  as  he  may  from  time  to  time  establish,  communications 
by  mail,  cable,  radio,  or  other  means  of  tnmsmission  jjassing  be- 
tween the  United  States  and  any  foreign  country  he  may  from  time 
to  time  specify,  or  which  may  be  carried  by  any  vessel  or  other 
means  of  transportation  touching  at  any  port,  place,  or  territory 
of  the  United  States  and  bound  to  or  from  any  foreign  country.    Id. 

(See  paragraphs  253a-253e,  ante,  as  to  the  use  of  mails  under  the  esiwonnge 
act;  and  paragraphs  253f-253k,  ante,  relative  to  printing  and  mailing  news- 
papers, etc,  published  in  foreign  languages.) 

1425f.  Evading^  etc.^  censorship ^  punishment. — Any  person  who 
willfully  evades  or  attempts  to  evade  the  submission  of  any  such 
communication  to  such  censorship  or  willfully  uses  or  attempts  to 
use  any  code  or  other  device  for  the  purpose  of  concealing  from  such 
censorship  the  intended  meaning  of  such  communication  shall  be 
punished  as  provided  in  section  sixteen  of  this  Act.    Id. 

1425g.  Licences  to  enemy  or  ally  of  enemy  insurance  or  reinsurance 
companies,  etc.,  doing  hvsiness  in  United  States. — Every  enemy  or 
ally  of  enemy  insurance  or  reinsurance  company,  and  every  enemy 
or  ally  of  enemy,  doing  business  within  the  United  States  through 
an  agency  or  branch  office,  or  otherwise,  may,  within  thirty  days 
after  the  passage  of  this  Act,  apply  to  the  President  for  a  licen.se  to 
continue  to  do  business;  and,  within  thirty  days  after  such  appli- 
cation, the  President  may  enter  an  order  either  granting  or  refusing 
to  grant  such  license.    Sec.  4,  id. 

1425h.  Conditions  of  license  and  revocation  of. — ^The  license,  if 
granted,  may  be  temporary  or  otherwise,  and  for  such  period  of 
time,  and  may  contain  such  provisions  and  conditions  regulating  the 
business,  agencies,  managers  and  trustees  and  the  control  and  dis- 
position of  the  funds  of  the  company,  or  of  such  enemy  or  ally  of 
enemy,  as  the  President  shall  deem  necessary  for  the  safety  of  the 
United  States;  and  any  license  granted  hereunder  may  be  revoked 
or  regranted  or  renewed  in  such  manner  and  at  such  times  as  the 
President  shall  determine.     Id. 

14251.  Revocation  or  refusal  to  license,  notice  of. — Reasonable 
notice  of  his  intent  to  refuse  to  grant  a  license  or  to  revoke  a  license 
granted  to  any  reinsurance  company  shall  be  given  by  him  to  all  in- 
surance companies  incorporated  within  the  United  States  and  known 
to  the  President  to  be  doing  business  with  such  reinsurance  com- 
pany.    Id. 

1425J.  Abrogation  of  existing  contracts  tcith  enemy  or  ally  of 
enemy  insurance  or  reinsurance  company. — No  insurance  company, 
organized  within  the  United  States,  shall  be  obligated  to  continue 


MILITARY  LAWS   OF   THE   UNITED   STATES,  1915.  367 

any  existing  contract,  entered  into  prior  to  the  beginning  of  the  war, 
with  any  enemy  or  ally  of  enemy  insurance  or  reinsurance  company, 
but  any  such  company  may  abrogate  and  cancel  any  such  contract  by 
serving  thirty  days'  notice  in  writing  upon  the  President  of  its  elec- 
tion to  abrogate  such  contract.     Id, 

1425k.  Presidenf^s  proclam-ation  relating  to  Trvarine  and  war-risk 
in^uranee  as  affecting  German  insurance  ccnnpanies  to  remain  in 
force  for  certain  time, — For  a  period  of  thirty  days  after  the  passago 
of  this  Act,  and  further  pending  the  entry  of  such  order  by  the 
President,  after  application  made  by  any  enemy  or  ally  of  enemy 
insurance  or  reinsurance  company,  within  such  thirty  days  as  above 
provided,  the  provisions  of  the  President's  proclamation  of  April 
sixth,  nineteen  hundred  and  seventeen,  i-elative  to  agencies  in  the 
United  States  of  certain  insurance  companies,  as  modified  by  the 
provisions  of  the  President's  proclamation  of  July  thirteenth,  nine- 
teen hundred  and  seventeen,^  relative  to  marine  and  war-risk  insur- 

^  Whereas,  certain  insurance  companies,  incorporated  under  the  laws  of  the 
German  Empire,  have  been  admitted  to  transact  the  business  of  marine  and 
wark  risk  insurance  in  various  States  of  the  United  States,  by  means  of 
separate  United  States  Branches  established  pursuant  to  the  laws  of  such 
States,  and  are  now  engaged  in  such  biisiness  under  the  supervision  of  the 
Insurance  r>epartments  thereof,  with  assets  in  the  United  States  deposited 
with  Insurance  Departments  or  in  the  hands  of  resident  trustees,  citizens  of 
the  United  States,  for  the  protection  of  all  policy-holders  in  the  United  States ; 

And  whereas,  the  nature  of  marine  and  war  risl^  insurance  is  such  that 
those  conducting  it  must  of  necessity  be  in  touch  with  the  movements  of  ships 
and  cargoes,  and  it  has  l)een  considered  by  the  Government  of  great  importance 
that  this  information  should  not  l>e  obtained  by  alien  enemies ;  i 

Now,    therefore,    I,   Woodrow   Wilson,    President   of   the   United    States    of 
America,  by  virtue  of  the  powers  vestetl  in  me  as  such,  hereby  declare  ami  | 
proclaim   that   such   branch  establishments  of  German  Insurance  C5onipanies  | 
now  engaged  in  the  transaction  of  business  in  the  United  States  pursuant  to  | 
the  laws  of  the  several  States  are  hereby  prohibited  from  continuing  the  ti*ans-  j 
action  of  the  business  of  marine  and  war  risk  insurance  either  as  direct  insurers  I 
or  re-insui'ers ;  and  all  individuals,  firms,  and  insurance  companies  incorporated  \ 
imder  the  laws  of  any  of  the  States  or  Territories  of  the  United  States,  or  of  j 
any  foreign  country,  and  estiiblished  pursuant  to  the  laws  of  such  States  and 
DOW  engaged  in  the  United  States  in  the  business  of  marine  and  war  risk 
insurance  either  as  direct  insurers  or  re-insurers  are  hereby  prohibited  from 
re-insuring  with-  companies  incorporated  under  the  laws  of  the  German  Empire, 
no  matter  where  located;  and  all  persons  in  the  United  States  are  prohibited 
from  insuring  against  marine  or  war  risks  with  insurance  companies  incor- 
porated under   the  laws  of  the  German  Empire  or  with   individuals,   lirms, 
and  insurance  companies  incorporated  under  the  laws  of  any  of  the  States 
or  Territories  of  the  Unite^l  States  or  of  any  foreign  country  and  now  engaged 
in  the  business  of  mai'lne  or  war  risk  insurance  in  the  United  States,  which 
re-insure   business   originating   in   the   United   States    with   companies   incor- 
porated under  the  laws  of  the  German  Empire,  no  matter  where  located. 

The  foregoing  prohibitions  shall  extend  and  operate  as  to  all  existing  con- 
tracts for  insurance  and  re-insurance  which  are  hereby  suspended  for  tlie 
period  of  the  war,  except  that  they  shall  not  operate  to  vitiate  or  prevent  the 
insurance  or  re-insurance  of,  and  the  payment  or  receipt  of,  premiums  on 
insurance  or  re-insurance  under  existing  contracts  on  vessels  or  interest  at 
risk  on  the  date  of  this  proclauiation,  and  such  insurance  or  re-insurance,  if 
for  a  voyage,  shall  continue  in  force  until  arrival  at  destination,  and  if  for  time, 
until  thirty  days  from  the  date  of  this  proclamation,  but  if  on  a  voyage  at  that 
time,  until  the  arrival  at  destination. 

Nothing  herein   shall  be  construed  to  operate  to  prevent  the  payment  or 


368  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

ance,  shall  remain  in  full  force  and  effect  so  far  as  it  applies  to 
such  German  insurance  companies,  and  the  conditions  of  said  procla- 
mation of  April  sixth,  nineteen  hundred  and  seventeen,  as  modified 
by  said  proclamation  of  July  thirteenth,  nineteen  hundred  and  seven- 
teen, shall  also  during  said  period  of  thirty  days  after  the  passage 
of  this  Act,  and  pending  the  order  of  the  President  as  herein  pro- 
vided, apply  to  any  enemy  or  ally  of  enemy  insurance  or  reinsur- 
ance company,  anything  in  this  Act  to  the  contrary  notwith- 
standing.   Id. 

14251.  Licensed  enemy  or  ally  of  enemy  insurance  or  reinsurance 
companies  not  to  transmit  funds^  etc.^  out  of  United  States^  etc. — It 
shall  be  unlawful  for  any  enemy  or  ally  of  enemy  insurance  or  rein- 
surance company,  to  whom  license  is  granted,  to  transmit  out  of  the 
United  States  any  funds  belonging  to  or  held  for  the  benefit  of  .such 
company  or  to  use  any  such  funds  as  the  basis  for  the  establishment 
directly  or  indirectly  of  any  credit  within  or  outside  of  the  United 
States  to,  or  for  the  benefit  of,  or  on  behalf  of,  or  on  account  of,  an 
enemy  or  ally  of  enemy.    Id.^  iH. 

1425m.  Lawful  for  enemy  or  ally  of  enemy  to  do  business  in  United 
States,  when  and  under  what  conditions. — For  a  period  of  thirty  days 
after  the  passage  of  this  Act,  and  further  pending  the  entry  of  such 
order  by  the  President,  after  application  made  within  such  thirty 
days  by  any  enemy  or  ally  of  enemy,  other  than  an  insurance  or  rein- 
surance company  as  above  provided,  it  shall  be  lawful  for  such  enemy 
or  ally  of  enemy  to  continue  to  do  business  in  this  country  and  for 
any  person  to  trade  with,  to,  from,  for,  on  account  of,  on  behalf  of 
or  for  the  benefit  of  such  enemy  or  ally  of  enemy,  anything  in  this 
Act  to  the  contrary  notwithstanding.    Id. 

1425n.  Transmission^  etc.,  of  money,  etc.,  out  of  United  States. — ' 
The  provisions  of  sections  three>  and  sixteen  ^  hereof  shall  apply  to 
any  act  or  attempted  act  of  transmission  or  transfer  of  money  or 
other  property  out  of  the  United  States  and  to  the  use  or  attempted 
use  of  such  money  or  property  as  the  basis  for  the  establishment  of 

receipt  of  any  premium,  return  premium,  or  claim  now  due  or  whicli  may 
become  due  on  or  in  respect  to  insurances  or  re-insurances  not  prohibited  by 
this  proclamation. 

That  all  funds  of  such  German  companies  now  in  the  possession  of  their 
managers  or  agents,  or  which  shall  hereafter  come  into  their  possession,  shall  be 
subject  to  such  rules  and  regulations  concerning  the.  payment  and  disposition 
thereof  as  shall  be  prescribed  by  the  insurance  supervising  officials  of  the  State 
in  which  the  principal  office  of  such  establishment  in  the  United  States  is 
located,  but  in  no  event  shall  any  funds  belonging  to  or  held  for  the  benefit  of 
such  companies  be  transmitted  outside  of  the  United  States,  nor  be  used  as 
the  basis  for  the  establishment,  directly  or  indirectly,  of  any  credit  within  or 
outside  of  the  United  States  to  or  for  the  benefit  or  use  of  the  enemy  or  any  of 
his  allies  without  the  permission  of  this  Government. 

*  See  paragraphs  1425a-1425f,  ante,  and  paragraph  1425ss,  post.) 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  369 

any  credit  within  or  outside  of  the  United  States  to,  or  for  the  benefit 
of,  or  on  belialf  of,  or  on  account  of,  an  enemy  or  ally  of  enemy.    Id, 

1426o.  Failure  to  afply  for  license' within  time  limit ^  refusal  or 
revocation  of  license;  trading  jyrohiJnted  in  cases  of. — If  no  license 
is  applied  for  within  thirty  days  after  the  passage  of  this  Act,  or  if 
t*  license  shall  be  refused  to  any  enemy  or  ally  of  enemy,  whether 
insurance  or  reinsurance  company  or  other  person,  making  applica- 
tion, or  if  any  license  granted  shall  be  revoked  by  the  President,  the 
provisions  of  sections  three  and  sixteen  hereof  shall  forthwith  apply 
to  all  trade  or  to  any  attempt  to  trade  with,  to,  from,  for,  by,  on 
account  of,  or  on  behalf  of,  or  for  the  benefit  of  such  company  or 
other  person.    Id, 

1425p.  Claim  of  policyholder  or  insurance  company^  not  an  enemy 
or  ally  of  enemy ^  premiums  on  existing  policies^  etc.^  on  revocation  of 
or  refusal  to  license^  etc. — After  such  refusal  or  revocation,  anything 
in  this  Act  to  the  contrary  notwithstanding,  it  shall  be  lawful  for 
a  policyholder  or  for  an  insurance  company,  not  an  enemy  or  ally 
of  enemy,  holding  insurance  or  having  effected  reinsurance  in  or 
with  such  enemy  or  ally  of  enemy  insurance  or  reinsurance  company, 
to  receive  payment  of,  and  for  such  enemy  or  ally  of  enemy  insurance 
or  reinsurance  company  to  pay  any  premium,  return  premium,  claim, 
money,  security,  or  other  property  due  or  which  may  become  due  on 
or  in  respect  to  such  insurance  or  reinsurance  in  force  at  the  date  of 
such  refusal  or  revocation  of  license;  and  nothing  in  this  Act  shall 
vitiate  or  nullify  then  existing  policies  or  contracts  of  insurance  or 
reinsurance,  or  the  conditions  thereof ;  and  any  such  policyholder  or 
insurance  company,  not  an  enemy  or  ally  of  enemy,  having  any  claim 
to  or  upon  money  or  other  property  of  the  enem}^  or  ally  of  enemy 
insurance  or  reinsurance  company  in  the  custody  or  control  of  the 
alien  property  custodian,  hereinafter  provided  for,  or  of  the  Treas- 
urer of  the  United  States,  may  make  application  for  the  payment 
thereof  and  may  institute  suit  as  provided  in  section  nine  hereof.    Id. 

1425q.  Change  of  name  of  enemy  or  ally  of  enemy. — During  the 
present  war,  no  enemy,  or  ally  of  enemy,  and  no  partnership  of 
which  he  is  a  member  or  was  a  member  at  the  beginning  of  the  war, 
shall  for  any  purpose  assume  or  use  any  name  other  than  that  by 
which  such  enem}^  or  partnership  was  ordinarily  known  at  the  begin- 
ning of  the  war,  except  under  license  from  the  President.     Id, 

1425r.  Prohibiting  foreign  insurance  companies  from  doing  or 
licensing  such  companies  to  do  husiness  in  United  States. — When- 
ever, during  the  present  war,  in  the  opinion  of  the  President  the 
public  safety  or  public  interest  requires,  the  President  may  prohibit 
any  or  all  foreign  insurance  companies  from  doing  business  in  the 
54208°— 18 24 


370  MILITARY    LAWS   OF    THE    UNITED   STATES,   1915. 

United  States,  or  the  President  may  license  such  company  or  com- 
panies to  do  business  upon  such  terms  as  he  may  deem  proper.     Id. 

1425s.  /Suspension  of  provMons  of  act  relating  to  ally  of  enemy; 
licenses^  etc.^  to  do  husiness;  r-ules  and  regulations  for  enforcement 
of  act. — The  President,  if  he  shall  find  it  compatible  with  the  safety 
of  the  United  States  and  with  the  successful  prosecution  of  the  war, 
may,  by  proclamation,  suspend  the  provisions  of  this  Act  so  far  as 
they  apply  to  an  ally  of  enemj',  and  he  may  revoke  or  renew  such 
suspension  from  time  to  time ;  and  the  President  may  grant  licenses, 
special  or  general,  temporary  or  otherwise,  and  for  such  period  of 
time  and  containing  such  provisions  and  conditions  as  he  shall  pre- 
scribe, to  any  person  or  class  of  persons  to  do  business  as  provided 
in  subsection  (a)  of  section  four^  hereof,  and  to  perform  an}'  act 
made  unlawful  without  such  license  in  section  three  hereof,  and  to 
file  and  prosecute  applications  under  subsection  (b)  of  section  ten 
hereof;  and  he  may  revoke  or  renew  such  licenses  from  time  to  time, 
if  he  shall  be  of  opinion  that  such  grant  or  revocation  or  renewal 
shall  be  compatible  with  the  safety  of  the  United  States  and  with 
the  successful  prosecution  of  the  war;  and  he  may  make  such  rules 
and  regulations,  not  inconsistent  with  law,  as  may  be  necessary  and 
proper  to  carry  out  the  provisions  of  this  Act;  and  the  President 
may  exercise  any  power  or  authority  conferred  by  this  Act  through 
such  officer  or  officers  as  he  shall  direct.     Sec.  5,  id,^  Jflo, 

1425t.  Postponement  of  performance  of  certain  acts. — If  the  Presi- 
dent shall  have  reasonable  cause  to  believe  that  any  act  is  about  to 
be  performed  in  violation  of  section  three*  hereof  he  shall  have 
authority  to  order  the  postponement  of  the  performance  of  such  act 
for  a  period  not  exceeding  ninety  da^^s,  pending  investigation  of  the 
facts  by  him.     Id. 

1425u.  Regulate^  etc.^  transactions  in  foreign  exchange^  etc.^  of  gold 
or  silver  coin  or  bullion  or  currency.,  transfers  of  credits.,  etc. — The 
President  may  investigate,  regulate,  or  prohibit,  under  such  rules 
and  regulations  as  he  may  prescribe,  hy  means  of  licenses  or  other- 
wise, any  transactions  in  foreign  exchange,  export  or  earmarkings 
of  gold  or  silver  coin  or  bullion  or  currenc}^,  transfers  of  credit  in 
any  form  (other  than  credits  relating  solely  to  transactions  to  be 
executed  wholly  within  the  United  States),  and  transfers  of  evi- 
dences of  indebtedness  or  of  the  ownership  of  property  between  the 
Ignited  States  and  any  foreign  country,  whether  enemy,  all}^  of  enemy 
or  otherwise,  or  between  residents  of  one  or  more  foreign  countries, 
by  any  person  within  the  United  States;  and  he  may  require  any 
such  person  engaged  in  any  such  transaction  to  furnish,  under  oath, 
complete  information  relative  thereto,  including  the  production  of 

^  Seo  paragraph  1425g,  ante. 

■See  paragraphs  1425a-1425f,  ante. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  371 

aiiy  books  of  account,  contracts,  letters  or  other  papers,  in  connection 
therewith  in  the  custody  or  control  of  such  person,  either  before  or 
after  such  transaction  is  completed.     Id, 

ACTS  PERMITTED. 

1425v.  Applications  for  letters  patent,^  or  registration  of  trade-, 
mark^  etc.^  of  copyright  hy  enemy  or  ally  of  enemy. — Xothing  con- 
tained in  this  Act  shall  be  held  to  make  unlawful  any  of  the  follow- 
ing Acts: 

An  enemy,  or  ally  of  enemy,  may  file  and  prosecute  in  the  United 
States  an  application  for  letters  patent,  or  for  registration  of  trade- 
mark, print,  label,  or  copyright,  and  may  pay  any  fees  therefor  in 
accordance  with  and  as  required  by  the  provisions  of  existing  law 
and  fees  for  attorneys  or  agents  for  filing  and  prosecuting  such 
applications.    Sec.  10^  id..,  1^20. 

1425w.  &am.e — Extension  of  time  for  filing  applications. — Any  such 
enemy,  or  ally  of  enemy,  who  is  unable  during  war,  or  within  six 
months  thereafter,  on  account  of  conditions  arising  cut  of  war,  to 
file  any  such  application,  or  to  pay  any  official  fee,  or  to  take  any 
action  required  by  law  within  the  period  prescribed  by  law,  may  be 
granted  an  extension  of  nine  months  beyond  the  expiration  of  said 
period,  provided  the  nation  of  which  the  said  applicant  is  a  citizen, 
subject,  or  corporation  shall  extend  substantially  similar  privileges 
to  citizens  and  corporations  of  the  United  States.    Id. 

1425x.  Payment  of  tax^  annuity  or  fee  in  relation  to  patents^  etc.^ 
to  enemy  or  ally  of  enemy;  application  for  patents.^  etc.,  hy  cithens 
of  United  States  in  country  of  enemy.,  etc. — Any  citizen  of  the 
United  States,  or  any  corporation  organized  within  the  United 
States,  may,  when  duly  authorized  b}^  the  President,  pay  to  an  enemy 
or  ally  of  enemy  any  tax,  annuity,  or  fee  which  may  be  required  by 
the  laws  of  such  enemy  or  ally  of  enemy  nation  in  relation  to  pat- 
ents and  trade-marks,  prints,  labels,  and  copyrights;  and  any  such 
citizen  or  corporation  may  file  and  prc:iecute  an  application  for  let- 
ters patent  or  for  registration  of  trade-mark,  print,  label,  or  copy- 
right in  the  country  of  an  enemy,  or  of  an  ally  of  enemj'-  after  first 
submitting  such  application  to  the  President  and  receiving  license 
so  to  file  and  prosecute,  and  to  pay  the  fees  required  by  law  and 
customary  agents'  fees,  the  maximum  amount  of  which  in  each  case 
shall  be  subject  to  the  control  of  the  President.    Id. 

1425y.  Licenses  to  raanufacfure.,  use.  etc.,  articles  covered  hy  patent.^ 
etc.^  owned  hy  e/nemy  or  ally  of  enemy. — Any  citizen  of  the  United 
States  or  any  corporation  organized  within  the  United  Statas  desir- 
ing to  manufacture,  or  cause  to  be  manufactured,  a  machine,  manu- 
facture, composition  of  matter,  or  design,  or  to  carry  on,  or  to  use 


372  MILITARY   LAWS   OF   THE   UNITED   STATES,  .1915. 

any  trade-mark,  print,  label  or  cause  to  be  carried  on,  a  process  imder 
any  patent  or  copj^righted  matter  owned  or  controlled  by  an  enemy 
or  ally  of  enemy  at  any  time  during  the  existence  of  a  state  of  war 
may  apply  to  the  President  for  a  license;  and  the  President  is 
hereby  authorized  to  grant  such  a  license,  nonexclusive  or  exclusive 
as  he  shall  deem  best,  provided  he  shall  be  of  the  opinion  that  such 
grant  is  for  the  public  welfare,  and  that  the  applicant  is  able  and 
intends  in  good  faith  to  manufacture,  or  cause  to  be  manufactured, 
the  machine,  manufacture,  composition  of  matter;  or  design,  or  to 
carry  on,  or  cause  to  be  carried  on,  the  process  or  to  use  the  trade- 
mark, print,  label,  or  copyrighted  matter.    Id. 

1425z.  SaTne — Conditions  of  licenses  and  fees  for  same. — The  Presi- 
dent may  prescribe  the  conditions  of  this  license,  including  the 
fixing  of  prices  of  articles  and  products  necessary  to  the  health  of 
the  military  and  naval  forces  of  the  United  States  or  the  successful 
prosecution  of  the  war,  and  the  rules  and  regulations  under  which 
such  license  may  be  granted  and  the  fee  which  shall  be  charged 
therefor,  not  exceeding  $100,  and  not  exceeding  one  per  centum  of 
the  fund  deposited  as  hereinafter  provided.    Id. 

1425aa.  &ame — License  defense  to  suit  instituted  hy  owners  of  pat- 
ents^ etc. — Such  license  shall  be  a  complete  defense  to  any  suit  at  law 
or  in  equity  instituted  by  the  enemy  or  ally  of  enemy  owners  of  the 
letters  patent,  trade-mark,  print,  label,  or  copyright,  or  otherwise, 
against  the  licensee  for  infringement  or  for  damages,  royalty,  or 
other  money  award  on  account  of  anything  done  by  the  licensee  under 
such  license,  except  as  provided  in  subsection  (f)  hereof.^     Id. 

1425bb.  Statements  filed  hy  licensees  with  President^  contents;  pay- 
ment to  alien  property  custodian  of  per  centum  of  receipts  from  sales^ 
-etc. — The  licensee  shall  file  with  the  President  a  full  statement  of 
the  extent  of  the  use  and  enjoyment  of  the  license,  and  of  the  prices 
received  in  such  form  and  at  such  stated  periods  (at  least  annually) 
as  the  President  may  prescribe;  and  the  licensee  shall  pay  at  such 
times  as  may  be  required  to  the  alien  property  custodian  not  to 
exceed  five  per  centum  of  the  gross  sums  received  by  the  licensee 
from  the  sale  of  said  inventions  or  use  of  the  trade-mark,  print,  label 
or  copyrighted  matter,  or,  if  the  President  shall  so  order,  five  per 
centum  of  the  value  of  the  use  of  such  inventions,  trade-marks,  prints, 
labels  or  copyrighted  matter  to  the  licensee  as  established  by  the 
President;  and  sums  so  paid  shall  be  deposited  by  said  alien  property 
custodian  forthwith  in  the  Treasury  of  the  United  States  as  a  trust 
fund  for  the  "said  licensee  and  for  the  OAvner  of  the  said  patent,  trade- 
mark, print,  label  or  copyright  registration  as  hereinafter  provided, 
to  be  paid  from  the  Treasury  upon  order  of  the  court,  as  provided 

*  See  paragraphs  1425ee-1425il,  post. 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915.  373 

in  subdivision  (f)  of  this  section,  or  upon  the  direction  of  the  alien 
property  custodian.    Id. 

1425cc.  Term  of  licenses, — Unless  surrendered  or  terminated  as 
provided  in  this  Act,  any  license  granted  hereunder  shall  continue 
during  the  term  fixed  in  the  license  or  in  the  absence  of  any  such 
limitation  during  the  term  of  the  patent,  trade-mark,  print,  label, 
or  copyright  registration  under  which  it  is  granted.    Id. 

1425dd.  Cancellation  of  licenses. ■^-IJ'^on  violation  by  the  licensee  of 
any  of  the  provisions  of  this  Act,  or  of  the  conditions  of  the  license, 
the  President  may,  after  due  notice  and  hearing,  cancel  any  license 
granted  by  him.    Id. 

142586.  Suits  against  licensee  hy  owner  of  patent^  etc. — The  owner 
of  any  patent,  trade-mark,  print,  label,  or  copyright  under  which  a 
license  is  granted  hereunder  may,  after  the  end  of  the  war  and  until 
the  expiration  of  one  year  thereafter,  file  a  bill  in  equity  against  the 
licensee  in  the  district  court  of  the  United  States  for  the  district  in 
which  the  said  licensee  resides,  or,  if  a  corporation,  in  which  it  has 
its  principal  place  of  business  (to  which  suit  the  Treasurer  of  the 
United  States  shall  be  made  a  party),  for  recovery  from  the  said 
licensee  for  all  use  and  enjoyment  of  the  said  patented  invention, 
trade-mark,  print,  label,  or  copyrighted  matter.    Id. 

1425ff.  Same — Notice  of  suits. — Whenever  suit  is  brought,  as  above, 
notice  shall  be  filed  with  the  alien  property  custodian  within  thirty 
days  after  date  of  entry  of  suit.  'Id. 

1425gg.  Same — Defenses. — The  licensee  may  make  any  and  all  de- 
fenses which  would  be  available  were  no  license  granted.    Id. 

1425hh.  Same — Court  may  aioard  reasonable  royalty. — The  court 
on  due  proceedings  had  may  adjudge  and  decree  to  the  said  owner 
payment  of  a  reasonable  royalty.     Id. 

142511.  Same — Fund  from  which  judgement  and  decree  shall  he 
paid. — The  amount  of  said  judgment  and  decree,  when  final,  shall  be 
paid  on  order  of  the  court  to  the  owner  of  the  patent  from  the  fund 
deposited  by  the  licensee,  so  far  as  such  deposit  will  satisfy  said 
judgment  and  decree;  and  the  said  payment  shnll  be  in  full  or  partial 
satisfaction  of  said  judgment  and  decree,  as  the  facts  may  appear; 
and  if,  after  payment  of  all  such  judgments  and  decrees,  there  shall 
remain  any  balance  of  said  deposit,  such  balance  shall  be  repaid  to 
the  licensee  on  order  of  the  alien  property  custodian.     Id. 

1425 jj.  Repayment  of  per  centum  deposited  with  alien  property 
custodian. — If  no  suit  is  brought  within  one  year  after  the  end  of 
the  war,  or  no  notice  is  filed  as  above  required,  then  the  licensee  shall 
not  be  liable  to  make  any  further  deposits,  and  all  funds  deposited 
by  him  shall  be  repaid  to  him  on  order  of  the  alien  property  cus- 
todian.   Id.,  4^2. 


374  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

1425kk.  Reports  to  President  to  cease  upon  entry  of  suit  or  repay- 
raent  of  funds. — Upon  entry  of  suit  and  notice  filed  as  above  required, 
or  upon  repayment  of  funds  as  above  provided,  the  liability  of  the 
licensee  to  make  further  reports  to  the  President  shall  cease.     Id. 

142511.  Termination  of  license  on  suit  brought;  injunction  against 
infringement  hy  licensee. — If  suit  is  brought  as  above  provided,  the 
court  may,  at  any  time,  terminate  the  license,  and  may,  in  such  event, 
issue  an  injunction  to  restrain  the  licensee  from  infringement  thc^e- 
after,  or  the  court,  in  case  the  licensee,  prior  to  suit,  shall  have  made 
investment  of  capital  based  on  possession  of  the  license,  may  continue 
the  license  for  such  period  and  upon  such  terms  and  with  such  royal- 
ties as  it  shall  find  to  be  just  and  reasonable.     Id. 

1425min.  Restraining  infringement  of  patents^  etc.,  hy  enemy  or 
ally  of  enemy. — Any  enemy,  or  ally  of  enemy,  may  institute  and 
prosecute  suits  in  equity  against  any  person  other  than  a  licensee 
under  this  Act  to  enjoin  infringement  of  letters  patent,  trade-mark, 
print,  label,  and  copyrights  in  the  United  States  owned  or  controlled 
by  said  enemy  or  ally  of  enemy,  in  the  same  manner  and  to  the  extent 
that  he  would  be  entitled  so  to  do  if  the  United  States  was  not  at 
war.    Id, 

1425nn.  Same — Notice  to  alien  property  custodian  hefore  entry  of 
judgment. — No  final  judgment  or  decree  shall  be  entered  in  favor  of 
such  enemy  or  ally  of  enemy  by  any  court  except  after  thirty  days' 
notice  to  the  alien  property  custodian.  Such  notice  shall  be  in  writ- 
ing and  shall  be  served  in  the  same  manner  as  civil  process  of  Federal 
courts.     Id. 

1425oo.  Certain  powers  of  attorney  valid. — All  powers  of  attorney 
heretofore  or  hereafter  granted  by  an  enemy  or  ally  of  enemy  to  any 
person  within  the  United  States,  in  so  far  as  they  may  be  requisite 
to  the  performance  of  acts  authorized  in  subsections  (a)  and  {gY  of 
this  section,  shall  be  valid.     Id. 

1425pp.  Keeping  secret  inventions  and  withholding  grant  of  patents 
therefor. — Whenever  the  publication  of  an  invention  by  the  granting 
of  a  patent  may,  in  the  opinion  of  the  President,  be  detrimental  to 
the  public  safety  or  defense,  or  may  assist  the  enemy  or  endanger  tl^e 
successful  prosecution  of  the  war,  he  maj^  order  that  the  invention  be 
kept  secret  and  withhold  the  grant  of  a  patent  until  the  end  of  the 
war.     Id. 

1425qq.  Same — Inventions  abandoned.,  when. — The  invention  dis- 
closed in  the  application  for  said  patent  may  be  held  aliandoned 
upon  it  being  established  before  or  by  the  Commissioner  of  Patents 
that,  in  violation  of  said  order,  said  invention  has  been  published  or 
that  an  application  for  a  patent  therefor  has  been  filed  in  any  other 

*  See  paragraphs  1425v,  1425w,  142omm,  and  1425nn,  ante. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  375 

country,  by  the  inventor  or  his  assigns  or  legal  representatives, 
without  the  consent  or  approval  of  the  commissioner  or  under  a 
license  of  the  President.     Id. 

1425rr.  Same — Compensation  to  patentee  for  use  of  inventions  ten- 
dered to  United  States^  etc. — When  an  applicant  whose  patent  i?* 
withheld  as  herein  provided  and  who  faithfully  obeys  the  order 
of  the  President  above  referred  to  shall  tender  his  invention  to  the 
Government  of  the  United  States  for  its  use,  he  shall,  if  he  ulti- 
mately receives  a  patent,  have  the  right  to  sue  for  compensation 
in  the  Court  of  Claims,  such  right  to  compensation  to  begin  froiu 
the  date  of  the  use  of  the  invention  by  the  Government.    Id. 

(See  paragraphs  1616a^l616c,  iK)st,  for  almost  identical  provisions  contained 
in  the  act  of  October  6,  1917  (40  Stat.  394),  entitled  "An  act  to  prevent  the 
publication  of  inventions  by  the  grant  of  patents  that  might  be  detrimental 
to  the  public  safety  or  convey  useful  information  to  the  enemy,  to  stimulate 
invention,  and  provide  adequate  protection  to  owners  of  patents,  r.nd  for  other 
purposes,"  except  that  the  above  provisions  may  be  regarded  as  npiilicable  only 
during  the  present  war.  while  the  provisions  in  paragraphs  16iGa-1616c  are 
applicable  during  any  time  when  the  United  States  is  at  war.) 

1425ss.  Offenses^  punishment^  forfeiture  of  property^  etc. — Who- 
ever shall  willfully  violate  any  of  the  provisions  of  this  Act  or  of 
any  license,  rule,  or  regulation  issued  thereunder,  and  whoever  shall 
willfully  violate,  neglect,  or  refuse  to  comply  with  any  order  of  the 
President  issued  in  compliance  with  the  provisions  of  this  Act  shall, 
upon  conviction,  be  fined  not  more  than  $10,000,  or,  if  a  natural 
person,  imprisoned  for  not  more  than  ten  years,  or  both;  and  the 
officer,  director,  or  agent  of  any  corporation  who  knowingly  partici- 
pates in  such  violation  shall  be  punished  by  a  like  fine,  imprisonment, 
or  both,  and  any  property,  funds,  securities,  papers,  or  other  articles 
or  documents,  or  any  vessel,  together  with  her  tackle,  apparel,  furni- 
ture, and  equipment,  concerned  in  such  violation  shall  be  forfeited 
to  the  United  States.    Sec.  16^  id.^  J^25. 

(For  sections  11-15  of  this  act  see  paragraphs  1431a,  1424y-l 42411,  1439a- 
1439d.  1424.1  j.) 

1425tt.  Rules,  orders,  process,  etc.,  hy  district  courts,  appeals. — 
The  district  courts  of  the  United  States  are  hereby  given  jurisdiction 
to  make  and  enter  all  such  rules  as  to  notice  and  otherwise,  and  all 
such  orders  and  decrees,  and  to  issue  such  process  as  may  be  neces- 
sary and  proper  in  the  premises  to  enforce  the  provisions  of  this 
Act,  with  a  right  of  appeal  from  the  final  order  or  decree  of  such 
court  as  provided  in  sections  one  hundred  and  twenty-eight  and  two 
hundred  and  thirty-eight^  of  the  Act  of  March  third,  nineteen  hun- 
dred and  eleven,  entitled  "An  Act  to  codify,  revise,  and  amend  the 
laws  relating  to  the  judiciaiy."    Sec.  17,  id. 

*  See  3G  Stat.,  1103  and  1157. 


376  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

1425uu.  Jurisdiction  of  courts  of  Philippine  Islands  and  Canal 
Zone  of  offenses  under  act. — The  several  courts  of  first  instance  in 
the  Philippine  Islands  and  the  district  court  of  the  Canal  Zone  shall 
have  jurisdiction  of  offenses  under  this  Act  committed  within  their 
respective  districts,  and  concurrent  jurisdiction  with  the  district 
courts  of  the  United  States  of  offenses  under  this  Act  committed 
upon  the  high  seas  and  of  conspiracies  to  commit  such  offenses  as 
defined  by  section  thirty-seven  ^  of  the  Act  entitled  "An  Act  to  codify, 
revise,  and  amend  the  penal  laws  of  the  United  States,"  approved 
March  fourth,  nineteen  hundred  and  nine,  and  the  provisions  of  such 
section  for  the  purpose  of  this  Act  are  hereby  extended  to  the  Philip- 
pine Islands  and  to  the  Canal  Zone.    Sec.  18,  id. 

(For  section  19  of  this  act  see  paragraplis  253f-253Iv,  ante.) 

1427a.  Lists  of  enemy  or  ally  of  enemy  officers,  directors  or  stoch- 
holders  of  corporations,  etc.,  in  United  States,  with  amount  of  stoch 
owned  hy  such  officers,  etc. — Every  corporation  incorporated  within 
the  United  States,  and  every  unincorporated  association,  or  com- 
pany, or  trustee,  or  trustees  within  the  United  States,  issuing  shares 
or  certificates  representing  beneficial  interests,  shall,  under  such  rules 
and  regulations  as  the  President  may  prescribe  and,  within  sixty 
clays  after  the  passage  of  this  Act,  and  at  such  other  times  thereafter 
as  the  President  may  require,  transmit  to  the  alien  property  custo- 
dian a  full  list,  duly  sworn  to,  of  every  officer,  director,  or  stock- 
holder known  to  be,  or  whom  the  representative  of  such  corporation, 
association,  company,  or  trustee  has  reasonable  cause  to  believe  to  be 
an  enemy  or  ally  of  enemy  resident  within  the  territory,  or  a  subject 
or  citizen  residing  outside  of  the  United  States,  of  any  nation  with 
which  the  United  States  is  at  war,  or  resident  within  the  territory, 
or  a  subject  or  citizen  residing  outside  of  the  United  States,  of  any 
ally  of  any  nation  with  which  the  United  States  is  at  war,  together 
with  the  amount  of  stock  or  shares  owned  by  each  such  officer, 
director,  or  stockholder,  or  in  which  he  has  any  interest.  Sec.  7, 
id.,  416. 

1427b.  Lists  of  stocks  oioned  hy  enemy  or  allies  of  enemy. — The 
President  may  also  require  a  similar  list  to  be  transmitted  of  all 
stock  or  shares  owned  on  February  third,  nineteen  hundred  and 
seventeen,  by  any  person  now  defined  as  an  enemy  or  ally  of  enemy, 
or  in  which  any  such  person  had  any  interest;  and  he  may  also 
require  a  list  to  be  transmitted  of  all  cases  in  which  said  corporation, 
association,  company,  or  trustee  has  reasonable  cause  to  believe  that 
the  stock  or  shares  on  February  third,  nineteen  hundred  and  seven- 
teen, were  owned  or  are  owned  by  such  enemy  or  ally  of  enemy, 
though  standing  on  the  books  in  the  name  of  another.    Id. 

*  See  35  Stat.,  1096. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  377 

1427c.  Alien  property  custodian  may  strike  names  from  such 
lists. — The  name  of  any  such  officer,  director,  or  stockholder  shall 
be  stricken  permanently  or  temporarily  from  such  list  by  the  alien 
property  custodian  wlien  he  shall  be  satisfied  that  he  is  not  such 
enemy  or  ally  of  enemy.    Id. 

1427d.  Reports  of  property  held  for  or  debts  due  to  enemy  or  ally 
of  enemy. — Any  person  in  the  United  States  who  holds  or  has  or 
shall  hold  or  have  custody  or  control  of  any  property  beneficial  or 
otherwise,  alone  or  jointly  with  others,  of,  for,  or  on  behalf  of  an 
enemy  or  ally  of  enemy,  or  of  any  person  whom  he  may  have 
reasonable  cause  to  believe  to  be  an  enemy  or  all}^  of  enemy  and  any 
person  in  the  United  States  who  is  or  shall  be  indebted  in  any  way 
to  an  enemy  or  ally  of  enemy,  or  to  any  person  whom  he  may  have 
reasonable  cause  to  believe  to  be  an  enemy  or  ally  of  enemy,  shall, 
with  such  exceptions  and  under  such  rules  and  regulations  as  the 
President  shall  prescribe,  and  within  thirty  days  after  the  passage 
of  this  Act,  or  within  thirty  days  after  such  property  shall  come 
within  his  custody  or  control,  or  after  such  debt  shall  become  due, 
report  the  fact  to  the  alien-property  custodian  by  written  state- 
ment under  oath  containing  such  particulars  as  said  custodian  shall 
require.    Id. 

1427e.  Same — Report  of  property  and  of  debts  as  of  date  of  Feb- 
ruary S^  1917. — The  President  may  also  require  a  similar  report  of 
all  property  so  held,  of,  for,  or  on  behalf  of,  and  of  all  debts  o^ved 
to,  any  person  now  defined  as  an  enemy  or  ally  of  enemy,  on  Feb- 
ruary third,  nineteen  hundred  and  seventeen.    Id. 

1427f.  Sa7ne — Alien  property  custodian  may  strike  names  from 
such  reports. — The  name  of  any  person  shall  be  stricken  from  the 
said  report  by  the  alien-property  custodian,  either  temporarily  or 
permanently,  when  he  shall  be  satisfied  that  such  person  is  not  an 
enemy  or  ally  of  enemy.    Id. 

1427g.  Extension  of  time  for  filing  lists  or  reports. — The  President 
may  extend  the  time  for  filing  the  lists  or  reports  required  by  this 
section  for  an  additional  period  not  exceeding  ninety  days.    Id. 

(For  the  ensuing  provisions  of  this  section  see  paragraphs  1420j-1420s,  1424g- 
1424m,  ante.) 

143ia.  hnportation  of  certain  articles  into  United  States  prohib- 
ited on  proclamation  by  President. — Whenever  during  the  present 
war  the  President  shall  find  that  the  public  safety  so  requires  and 
shall  make  proclamation  thereof  it  shall  be  unlawful  to  import  into 
the  United  States  from  any  country  named  in  such  proclamation 
any  article  or  articles  mentioned  in  such  proclamation  except  at  such 
time  or  times,  and  under  such  regulations  or  orders,  and  subject  to 
such  limitations  and  exceptions  as  the  President  shall  prescribe, 
until  otherwise  ordered  by  the  President  or  by  Congress :  Provided^ 


378  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

however^  That  no  preference  shall  be  given  to  the  ports  of  one  State 
over  those  of  another.    Sec,  11^  id.^  Jt22. 

(Far  sections  10  and  12  of  this  act  see  paragra|>iis  1425v-1425rr,  1424y-1424ti, 
ante.) 

1439a.  StateTnents  required  from  mastei's  of  vessels  and  owntfs. 
ete.^  of  cargoes  before  granting  clearance^  contents, — During  tlie 
present  war,  in  additian  to  the  facts  required  by  sections  forty -one 
hundred  and  ninety-seven,  forty-one  hundred  and  ninety-eight,  and 
forty-two  hundred  of  the  Revised  Statutes,  as  amended  by  the  Act 
of  June  fifteenth,  nineteen  hundred  and  seventeen,  to  be  set  out  in 
the  master's  and  shipper's  manifests  before  clearance  will  be  issued 
to  vessels  bound  to  foreign  ports,  the  master  or  person  in  charge  of 
any  vessel,  before  departure  of  such  vessel  from  port,  shall  deliver 
to  the  collector  of  customs  of  the  district  wherein  such  vessel  is 
located  a  statement  duly  verified  by  oath  that  the  cargo  is  not  shipped 
o-r  to  be  delivered  in  violation  of  this  Act,  and  the  owners,  shippers, 
or  consignors  of  the  cargo  of  such  vessels  shall  in  like  manner  deliver 
to  the  collector  like  statement  under  oath  as  to  the  cargo  or  the  parts 
thereof  laden  or  shipped  by  them,  respectively,  which  statement  shall 
contain  also  the  names  and  addresses  of  the  actual  consignees  of  the 
cargo,  or  if  the  shipment  is  made  to  a  bank  or  other  broker,  factor,  or 
agent,  the  names  and  addresses  of  the  persons  who  are  the  actual  con- 
signees on  whose  account  the  shipment  is  made.     Ses.  13,  id.,  4'24' 

(For  see.  12  of  this  act  see  pars,  c  1424y-1424ii,  ante.) 

14S9I^.  Same — Copies  for  American  consular  officers  on  reaching 
destination. — The  master  or  pei-son  in  control  of  the  vessel  shall,  on 
reaching  port  of  destination  of  any  of  the  cargo,  deliver  a  copy  of 
the  manifest  and  oi  th«^  said  master's,  owner^s,  shipper's,  or  con- 
signor's statement  to  the  American  consular  officer  of  the  district  in 
which  the  cargo  is  unladen.     Id. 

1439c.  Refusal  of  clearance  to  vessels  on  helief,  etc.,  that  statements 
required  l>y  section  13  are  false. — During  the  present  war,  whenever 
there  is  reasonable  cause  to  believe  that  the  manifest  or  the  additional 
statements  under  oath  recfuired  by  the  preceding  section  are  false  or 
th4J-t  any  vessel,  domestic  or  fareign,  is  about  to  carry  out  of  the 
United  States  any  property  to  or  for  the  account  or  benefit  of  an 
enemy,  or  ally  of  enemy,  or  any  property  or  person  whose  export, 
taking  out,  or  transport  will  be  in  violation  of  law,  the  collector  of 
customs  for  the  district  in  which  such  vessel  is  located  is  hereby  a«- 
thmazed  and  empowered  subject  to  review  by  the  President  io  refuse 
clearance  to  any  such  vessel,  domestic  or  foreign,  for  wliich  clearance 
is  required  by  law,  and  by  formal  notice  served  upon  the  owners,, 
master,  or  person  or  persoiis  in  comanand  or  charge  oi  any  domestic 
vessel  for  which  clearance  is  not  required  by  law,  to  forbid  the  de- 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  379 

parture  of  such  vessel  from  the  port,  and  it  shall  thereupon  be  unlaw- 
ful for  such  vessel  to  depart.     Sec.  i^?  id. 

1439d.  Reports  hy  collector  of  customs  of  gold  or  silver  coin,  etc.y 
in  cargoes  intended  for  export. — The  collector  of  customs  shall,  dur- 
ing the  present  war,  in  each  case  report  to  the  President  the  amount 
of  gold  or  silver  coin  or  bullion  or  other  moneys  of  the  United  States 
contained  in  any  cargo  intended  for  export.  Such  report  shall  in- 
clude the  names  and  addresses  of  the  consignors  and  consignees, 
together  with  any  facts  known  to  the  collector  with  reference  to  such 
shipment  and  particularly  those  which  may  indicate  that  such  gold 
or  silver  coin  or  bullion  or  moneys  of  the  United  States  may  be  in- 
tended for  delivery  or  may  be  delivered,  directly  or  indirectly,  to 
an  enemy  or  an  ally  of  enemy.     Id. 

SEARCH  WARRANTS. 

1449a.  Authority  to  issue. — A  search  warrant  authorized  by  this 
title  may  be  issued  by  a  judge  of  a  United  States  district  court,  or 
by  a  judge  of  a  State  or  Territorial  court  of  record,  or  by  a  United 
States  commissioner  for  the  district  wherein  the  property  sought  is 
located.     Title  XI,  Sec.  1,  Act  of  June  15,  1917  {1^0  Stat.  228). 

1449b.  Same — Grounds  for  issue. — ^A  search  warrant  may  be  issued 
under  this  title  upon  either  of  the  following  grounds: 

1.  When  the  property  was  stolen  or  embezzled  in  violation  of  a  law 
of  the  United  States ;  in  which  case  it  may  be  taken  on  the  warrant 
from  any  house  or  other  place  in  which  it  is  concealed,  or  from  the 
possession  of  the  person  by  whom  it  was  stolen  or  embezzled,  or  from 
any  person  in  whose  possession  it  may  be. 

2.  When  the  property  was  used  as  the  means  of  committing  a 
felony ;  in  which  case  it  may  be  taken  on  the  warrant  from  any  house 
or  other  place  in  which  it  is  concealed,  or  from  the  possession  of  the 
person  by  whom  it  was  used  in  the  commission  of  the  offense,  or 
from  any  person  in  whose  possession  it  may  be. 

3.  When  the  property,  or  any  paper,  is  possessed,  controlled,  or 
used  in  violation  of  section  twenty-two  of  this  title ;  in  which  case  it 
may  be  taken  on  the  warrant  from  the  person  violating  said  section, 
or  from  any  person  in  Avhose  possession  it  may  be,  or  from  any  house 
or  other  place  in  which  it  is  concealed.     Sec.  2,  id. 

;  1449c.  Same — Prohahle  cause  and  affidavit. — A  search  warrant  can 
not  be  issued  but  upon  probable  cause,  supported  by  affidavit,  naming 
or  describing  the  person  and  particularly  describing  the  property 
and  the  place  to  be  searched.     Sec.  3,  id. 

144Sd.  Same — Examination  of  applicant  and  witnesses;  affidavits 
and  depositions. — The  judge  or  commissioner  must,  before  issuino' 
the  warrant,  examine  on  oath  the  complainant  and  any  witness  he 


380  MILITARY  LAWS   OF   THE  UNITED  STATES,  1915. 

may  produce,  and  require  their  affidavits  or  take  their  depositions  in 
writing  and  cause  them  to  be  subscribed  by  the  parties  making  therau 
Sec.  ^,  id. 

1449e.  Same — Affidavits  and  depositions. — The  affidavits  or  depo- 
sitions must  set  forth  the  facts  tending  to  establish  the  grounds  of 
the  application  or  probable  cause  for  believing  that  they  exist.  Sec. 
S,  id. 

1449f.  Same — Issuance  of^  contents. — If  the  judge  or  commissioner 
is  thereupon  satisfied  of  the  existence  of  the  grounds  of  the  applica- 
tion or  that  there  is  probable  cause  to  believe  their  existence,  he  must 
issue  a  search  warrant,  signed  by  him  wdth  his  name  of  office,  to  a 
civil  officer  of  the  United  States  duly  authorized  to  enforce  or  assist 
in  enforcing  any  law  thereof,  or  to  a  person  so  duly  authorized  by 
the  President  of  the  United  States,  stating  the  particular  grounds 
or  probable  cause  for  its  issue  and  the  names  of  the  persons  whose 
affidavits  have  been  taken  in  support  thereof,  and  commanding  him 
forthwith  to  search  the  person  or  place  named,  for  the  property 
specified,  and  to  bring  it  before  the  jndge  or  commissioner.  Sec.  6, 
id.,  229. 

1449g.  Same — Service  of. — A  search  warrant  may  in  all  cases  be 
served  by  any  of  the  officers  mentioned  in  its  direction,  but  by  no 
other  person,  except  in  aid  of  the  officer  on  his  requiring  it,  he  being 
present  and  acting  in  its  execution.    Sec.  7,  id. 

1449h.  Same — Service^  breaking  and  entering. — The  officer  may 
break  open  any  outer  or  inner  door  or  window  of  a  house,  or  any 
part  of  a  house,  or  anything  therein,  to  execute  the  warrant,  if,  after 
notice  of  his  authority  and  purpose,  he  is  refused  admittance.  Sec, 
8,  id.  ■ 

14491.  Same — Service^  breaking  and  entering  to  liberate  detained 
person  aiding  in  execution  of  warrant. — He  may  break  open  any 
outer  or  inner  door  or  window^  of  a  house  for  the  purpose  of  liber- 
ating a  person  who,  having  entered  to  aid  him  in  the  execution  of 
the  warrant,  is  detained  therein,  or  when  necessary  for  his  own  lib- 
eration.   Sec.  P,  id. 

1449J.  Saline — Service  in  daytime. — The  judge  or  commissioner 
must  insert  a  direction  in  the  warrant  that  it  be  served  in  the  day- 
time, unless  the  affidavits  are  positive  that  the  property  is  on  the 
person  or  in  the  place  to  be  searched,  in  which  case  he  may  insert  a 
direction  that  it  be  served  at  any  time  of  the  day  or  night.  Sec, 
10,  id. 

1449k.  Same — Tiine  for  service  and  return. — A  search  warrant 
must  be  executed  and  returned  to  the  judge  or  commissioner  who 
issued  it  within  ten  days  after  its  date ;  after  the  expiration  of  this 
time  the  warrant,  unless  executed,  is  void.    Sec.  11^  id. 


MILITARY  LAWS   OF  THE  UNITED  STATES,  1915.  381 

14491.  Same — Copy  of  and  receiiyt  for  property  taken  to  persons 
from  ichom  taken. — When  the  officer  takes  property  under  the  war- 
rant, he  must  give  a  copy  of  the  warrant  together  with  a  receipt  for 
the  property  taken  (specifying  it  in  detail)  to  the  person  from  whom 
it  was  taken  by  him,  or  in  whose  possession  it  was  found ;  or,  in  the 
absence  of  any  person,  he  must  leave  it  in  the  place  where  he  found 
the  property.    Sec.  12^  id. 

1449in.  Same — Return.,  inventory  of  property  taken. — The  officer 
must  forthwith  return  the  warrant  to  the  judge  or  commissioner  and 
deliver  to  him  a  written  inventory  of  the  property  taken,  made 
publicly  or  in  the  presence  of  the  person  from  whose  possession  it 
was  taken,  and  of  the  applicant  for  the  warrant,  if  they  are  present, 
verified  by  the  affidavit  of  the  officer  at  the  foot  of  the  inventory  and 
taken  before  the  judge  or  commissioner  at  the  time,  to  the  following 
effect:  "I,  R.  S.,  the  officer  by  whom  this  warrant  was  executed,  do 
swear  that  the  above  inventory  contains  a  true  and  detailed  account 
of  all  the  property  taken  by  me  on  the  warrant."    Sec.  13,  id. 

1449n.  Same — Returns,  copy  of  inventory  for  j^erson  from  whom 
property  was  taken  and  to  applicant. — The  judge  or  commissioner 
must  thereupon,  if  required,  deliver  a  copy  of  the  inventofy  to  the 
person  from  whose  possession  the  property  was  taken  and  to  the 
applicant  for  the  warrant.     Sec.  H,  id. 

1449o.  Same — Taking  testimony. — If  the  grounds  on  which  the 
warrant  was  issued  be  controverted,  the  judge  or  commissioner  must 
proceed  to  take  testimony  in  relation  thereto,  and  the  testimony  of 
each  v/itness  must  be  reduced  to  writing  and  subscribed  by  each 
witness.     Sec.  15,  id. 

1449p.  Same — Restoration  of  property  taken;  retention  of  custody 
of  property  hy  officer  or  other  disposition. — If  it  appears  that  the 
property  or  paper  taken  is  not  the  same  as  that  described  in  the 
warrant  or  that  there  is  no  probable  cause  for  believing  the  existence 
of  the  grounds  on  Vv^hich  the  warrant  was  issued,  the  judge  or  com- 
missioner must  cause  it  to  be  restored  to  the  person  from  whom  it 
was  taken ;  but  if  it  appears  that  the  property  or  paper  taken  is  the 
same  as  that  described  in  the  warrant  and  that  there  is  probable 
cause  for  believing  the  existence  of  the  grounds  on  which  the  war- 
rant was  issued,  then  the  judge  or  commissioner  shall  order  the 
same  retained  in  the  custody  of  the  person  seizing  it  or  to  be  other- 
wise disposed  of  according  to  law.    Sec.  IG,  id. 

1449q.  Same — Filing  papers  with  clerk  of  court  having  jurisdic- 
tion.— The  judge  or  commissioner  must  annex  the  affidavits,  search 
warrant,  return,  inventory,  and  evidence,  and  if  he  has  not  power  to 
inquire  into  the  offense  in  respect  to  which  the  warrant  was  issued 
he  must  at  once  file  the  same,  together  with  a  copy  of  the  record  of 


382 

his  proceedings,  with  the  clerk  of  the  court  having  power  to  so 
inquire.     Sec.  17^  id.^  230. 

1449r.  Same — Obstructing^  etc.^  service  or  execution^  etc.^  punish- 
ment.— Whoever  shall  knowingly  and  willfully  obstruct,  resist,  or 
oppose  any  such  officer  or  person  in  serving  or  attempting  to  serve 
or  execute  any  such  search  warrant,  or  shall  assault,  beat,  or  wound 
jiny  such  officer  or  person,  knowing  him  to  be  an  officer  or  person  so 
authorized,  shall  be  fined  not  more  than  $1,000  or  imprisoned  not 
more  than  two  years.     Sec.  18,  id. 

1449s.  Same — Perjury  and  suhordipjjUlon  of  perjury. — Sections  one 
hundred  and  twent^^-five  and  one  hundred  and  twenty-six^  of  the 
Criminal  Code  of  the  United  States  shall  apply  to  and  embrace  all 
persons  making  oath  or  affirmation  or  procuring  the  same  under  tlie 
provisions  of  this  title,  and  such  persons  shall  be  subject  to  all  the 
pains  and  penalties  of  said  sections.     Sec.  19,  id. 

1449t.  Safne — MaUciou,sly  procuring  issue  of,  punishment. — A  per- 
son who  maliciously  and  without  probable  cause  procures  a  search 
warrant  to  be  issued  and  executed  shall  be  fined  not  more  than  $1,000 
or  imprisoned  not  more  than  one  year.     Sec.  20,  id. 

144Su.  'Same — Officer  exceeding  authority,  punishment. — An  officer 
who  in  executing  a  search  warrant  willfully  exceeds  his  authority, 
or  exercises  it  with  unnecessary  severity,  shall  be  fined  not  more  than 
$1,000  or  imprisoned  not  more  than  one  year.     Sec.  21,  id, 

(For  the  ensuing  section  of  this  title  see  paragraph  1317il.) 

1449v.  Same — Existing  laws  not  repealed. — Nothing  contained  in 

this  title  shall  be  held  to  repeal  or  impair  any  existing  provisions  of 

law  regulating  search  and  the  issue  of  search  warrants.     Sec.  23,  id, 

(For  general  provisions  of  this  act  applicable  to  this  title,  see  piiragTaphs 
1475q-14T5t.) 

1468a.  Enlisting  in  foreign  service,  punishment. — Whoever,  witliin 
the  territory  or  jurisdiction  of  the  United  States,  enlists  or  enters 
himself,  or  hires  or  retains  another  person  to  enlist  or  enter  him- 
self, or  to  go  beyond  the  limits  or  jurisdiction  of  the  United  States 
with  intent  to  be  enlisted  or  entered  in  the  service  of  any  for- 
eign prince,  State,  colony,  district,  or  people  as  a  soldier  or  as  a 
marine  or  seaman  on  board  of  any  vessel  of  war,  letter  of  marque, 
or  privateer  shall  be  fined  not  more  than  $1,000  and  imprisoned  not 
more  than  three  years.  Act  of  May  7, 1917  {Ifi  Stat.  39),  amending 
sec.  10,  Act  of  Mar.  1^,  1909,  Crimi7ial  Code  {35  Stat.  1089). 

14G8b.  Same — Exceptions. — This  section  shall  not  apply  to  citizens 
or  subjects  of  any  country  engaged  in  war  with  a  country  with  which 
the  United  States  is  at  war,  unless  such  citizen  or  subject  of  such 

*  See  35  Stat,  1111.  These  sections  define  perjury  and  sn))ornntion  of  perjury, 
and  fix  the  maximum  punisliment  for  at  five  years'  imprisonment  and  a  tine  of 
.$2,000. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  383 

foreign  country  shall  hire  or  solicit  a  citizen  of  the  United  States 
to  enlist  or  go  beyond  the  jurisdiction  of  the  United  States  with 
intent  to  enlist  or  enter  the  service  of  a  foreign  country.  Enlist- 
ments under  this  proviso  shall  be  under  regulations  prescribed  by 
the  Secretary  of  War.     Id. 

REPATRIATIOX. 

1468c.  Certain  American  citizens  who  have  enlisted  in  foreign 
armies. — Any  person  formerly  an  American  citizen,  who  may  be 
deemed  to  have  expatriated  himself  mider  the  provisions  of  the  first 
paragraph  of  section  two  ^  of  the  Act  approved  March  second,  nine- 
teen hundred  and  seven,  entitled  ''An  Act  in  reference  to  the  expatri- 
ation of  citizens  and  their  protection  abroad,''  by  taking,  since  Au- 
gust first,  nineteen  hundred  and  fourteen,  an  oath  of  allegiance  to 
any  foreign  State  engaged  in  war  with  a  country  Avith  which  the 
United  States  is  at  war,  and  who  took  such  oath  in  order  to  be  en- 
abled to  enlist  in  the  armed  forces  of  such  foreign  State,  and  v/ho 
actually  enlisted  in  such  armed  forces,  and  who  has  been  or  may  be 
duly  and  honorably  discharged  from  such  armed  forces,  may,  upon 
complying  with  the  provisions  of  this  Act,  reassume  and  acquire  the 
character  and  privileges  of  a  citizen  of  the  United  States.  Act  of 
Oct.  5,  1917  (40  Stat.  340), 

1468d.  /Same — No  claim  for  pension^  etc.^  shall  accrice  to  United 
States  for  disabilities  incurred  in  foreign  army  or  navy. — No  obliga- 
tion in  the  way  of  pensions  or  other  grants  because  of  service  in  the 
army  or  navy  of  any  other  country,  or  disabilities  incident  thereto, 
shall  accrue  to  the  United  States.     Id. 

1468e.  Same — Procedure. — Any  such  person  who  desires  so  to  re- 
acquire and  reassume  the  character  and  privileges  of  a  citizen  of  the 
United  States  shall,  if  abroad,  present  himself  before  a  consular 
officer  of  the  United  States,  or,  if  in  the  United  States,  before  any 
court  authorized. by  law  to  confer  American  citizenship  upon  aliens, 
shall  offer  satisfactory  evidence  that  he  comes  within  the  terms  of 
this  Act,  and  shall  take  an  oath  declaring  his  allegiance  to  the  United 
States  and  agreeing  to  support  the  Constitution  thereof  and  abjur- 
ing and  disclaiming  allegiance  to  such  foreign  State  and  to  everj' 
foreign  prince,  potentate,  Stat^i,  or  sovereignty.     Id. 

14G8f.  Same — Duty  of  consular  officer  or  court. — The  consular  offi- 
cer or  court  officer  having  jurisdiction  shall  thereupon  issue  in  tripH- 
ci\U'.  a  certificate  of  American  citizenship,  giving  one  copy  to  the 
applicant,  retaining  one  copy  for  his  files,  and  forwarding  one  copy 
to  tlie  Secretary  of  Labor.     Id. 

*  See  34  Stat.  1228. 


384  MILITARY  LAWS   OF  THE  UNITED  STATES^  1915. 

1468g.  Same — Citkenship  acquired. — Thereafter  such  person  shall 
in  all  respects  be  deemed  to  have  acquired  the  character  and  privi- 
leges of  a  citizen  of  the  United  States.    Id. 

1468h.  Same — Joint  regulations  hy  Secretaries  of  State  and 
Labor. — The  Secretary  of  State  and  the  Secretary  of  Labor  shall 
jointly  issue  regulations  for  the  proper  administration  of  this 
Act.     Id. 

NEUTRALITY. 

1469a.  Withholding  clearance  from  vessels  violating^  during  ex- 
istence of  war  to  lohich  the  United  States  is  not  a  party. — From  and 
after  the  passage  of  this  resolution,  and  during  the  existence  of  a 
war  to  which  the  United  States  is  not  a  party,  and  in  order  to  prevent 
the  neutrality  of  the  United  States  from  being  violated  by  the  use  of 
its  territory,  its  ports,  or  its  territorial  waters  as  the  base  of  opera- 
tions for  the  armed  forces  of  a  belligerent,  contrary  to  the  obligations 
imposed  by  the  law  of  nations,  the  treaties  to  which  the  United  States 
is  a  partj^,  or  contrary  to  the  statutes  of  the  United  States,  the  Presi- 
dent be,  and  he  is  hereby,  authorized  and  empowered  to  direct  the 
collectors  of  customs  under  the  jurisdiction  of  the  United  States  to 
withhold  clearance  from  any  vessel,  American  or  foreign,  which  he 
has  reasonable  cause  to  believe  to  be  about  to  carry  fuel,  arms,  ammu- 
nition, men,  or  supplies  to  any  warship,  or  tender,  or  supply  ship  of 
a  belligerent  nation,  in  violation  of  the  obligations  of  the  United 
States  as  a  neutral  nation.  Joint  resolution  I4,  Mar.  ^,  1015  (38 
Stat.  12m). 

1469b.  Same — Penalty  for  vessels  departing  jurisdiction  of  United 
States  without  clearance. — In  case  any  such  vessel  shall  depart  or 
attempt  to  depart  from  the  jurisdiction  of  the  United  States  without 
clearance  for  any  of  the  purposes  above  set  forth,  the  owner  or  master 
or  person  or  persons  having  charge  or  command  of  such  vessel  shall 
severally  be  liable  to  a  fine  of  not  less  than'  $2,000  nor  more  than 
$10,000,  or  to  imprisonment  not  to  exceed  two  years,  or  both,  and,  in 
addition,  such  vessel  shall  be  forfeited  to  the  United  States.     Id. 

1469c.  Restrictions  on  im^portations  from  United  States  under  laios 
of  helligerent.)  penalty  for. — Whenever  during  the  existence  of  a  w^ar 
jn  which  the  United  States  is  not  engaged,  the  President  shall  be 
satisfied  that  there  is  reasonable  ground  to  believe  that  under  the 
law^s,  regulations,  or  practices  of  any  country,  colony,  or  dependency 
contrary  to  the  law  and  practice  of  nations,  the  importation  into  their 
own  or  any  other  country,  dependency,  or  colony  of  any  article  the 
product  of  the  soil  or  industry  of  the  United  States  and  not  injurious 
to  health  or  morals  is  prevented  or  restricted  the  President  is  author- 
ized and  empowered  to  prohibit  or  restrict  during  the  period  such 
prohibition  or  restriction  is  in  force,  the  importation  into  the  United 


385 

States  of  similar  or  other  articles,  products  of  such  country,  depend- 
ency, or  colony  as  in  his  opinion  the  public  interest  may  require;  and 
in  such  case  he  shall  make  proclamation  stating  the  article  or  articles 
which  are  prohibited  from  importation  into  the  United  States;  and 
ixnj  person  or  persons  who  shall  import,  or  attempt  to  conspire  lo 
import,  or  be  concerned  in  importing,  such  article  or  articles,  into  the 
United  States  contrary  to  the  prohibition  in  such  proclamation,  shall 
be  liable  to  a  fine  of  not  less  than  $2,000  nor  more  than  $50,000,  or 
to  imprisonment  not  to  exceed  two  years,  or  both,  in  the  discretion 
of  the  court.  The  President  may  change,  modify,  revoke,  or  renew 
such  proclamation  in  his  discretion.  Sec.  805,  Act  of  Sept.  8,  1916 
{39  Stat.  799). 

1469d.  Vessels  under  helligerent  laws  discriminating  against  citi- 
zens of  United  States,  penalty  for. — Whenever,  during  the  existence 
of  a  war  in  which  the  United  States  is  not  engaged,  the  President 
shall  be  satisfied  that  there  is  reasonable  ground  to  believe  that  any 
vessel,  American  or  foreign,  is,  on  account  of  the  laws,  regulations, 
or  practices  of  a  belligerent  Government,  making  or  giving  any  undue 
or  unreasonable  preference  or  advantage  in  any  respect  wdiatsoever 
to  any  particular  person,  company,  firm,  or  corporation,  or  any  par- 
ticular description  of  traffic  in  the  United  States  or  its  possessions 
or  to  any  citizens  of  the  United  States  residing  in  neutral  countries 
abroad,  or  is  subjecting  any  particular  person,  company,  firm,  or 
corporation  or  any  particular  description  of  traffic  in  the  United 
States  or  its  possessions,  or  any  citizens  of  the  United  States  residing 
in  neutral  countries  abroad  to  any  undue  or  unreasonable  prejudice, 
disadvantage,  injury,  or  discrimination  in  regard  to  accepting,  receiv- 
ing, transporting,  or  delivering,  or  refusing  to  accept,  receive,  trans- 
fer, or  deliver  any  cargo,  freight  or  passengers,  or  in  any  other 
respect  whatsoever,  he  is  hereby  authorized  and  empowered  to  direct 
the  detention  of  such  vessels  by  withholding  clearance  or  by  formal 
notice  forbidding  departure,  and  to  revoke,  modify,  or  renew^  any 
such  direction.    Sec.  806,  id. 

14698.  Restrictions  under  helligerent  laius  on  commerce  of  Ameri- 
can ships  or  citizens,  penalty  for. — Whenever,  during  the  existence 
of  a  war  in  w^hich  the  United  States  is  not  engaged,  the  President 
shall  be  satisfied  that  there  is  reasonable  ground  to  Relieve  that  under 
the  laws,  regulations,  or  practices  of  any  belligerent  country  or  Gov- 
ernment, American  ships  or  American  citizens  are  not  accorded  any 
of  the  facilities  of  commerce  which  the  vessels  or  citizens  of  that 
belligerent  country  enjoy  in  the  United  States  or  its  possessions,  or 
are  not  accorded  by  such  belligerent  equal  privileges  or  facilities  of 
trade  with  vessels  or  citizens  of  any  nationality  other  than  that  of 
such  belligerent,  the  President  is  hereby  authorized  and  empow^ered 
54208''— 18 ^25 


386  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

to  withhold  clearance  from  one  or  more  vessels  of  such  belligerent 
country  until  such  belligerent  shall  restore  to  such  American  vessels 
and  American  citizens  reciprocal  liberty  of  commerce  and  equal 
facilities  of  trade;  or  the  President  may  direct  that  similar  privileges 
and  facilities,  if  any,  enjoyed  by  vessels  or  citizens  of  such  bellig- 
erent in  the  United  States  or  its  possessions  be  refused  to  vessels 
or  citizens  of  such  belligerent;  and  in  such  case  he  shall  make  proc- 
lamation of  his  direction,  stating  the  facilities  and  privileges  which 
shall  be  refused,  and  the  belligerent  to  whose  vessels  or  citizens 
they  are  to  be  refused,  and  thereafter  the  furnishing  of  such  pro- 
hibited privileges  and  facilities  to  any  vessel  or  citizen  of  the  bel- 
ligerent named  in  such  proclamation  shall  be  unlawful;  and  he  may 
change,  modify,  revoke,  or  renew  such  proclamation;  and  any  per- 
son or  persons  who  shall  furnish  or  attempt  to  conspire  to  furnish 
or  be  concerned  in  furnishing  or  in  the  concealment  of  furnishing 
facilities  or  privileges  to  ships  or  persons  contrary  to  the  prohibition 
in  such  proclamation  shall  be  liable  to  a  fine  of  not  less  than  $2,000 
nor  more  than  $50,000,  or  to  imprisonment  not  to  exceed  two  years, 
or  both,  in  the  discretion  of  the  court.    Id.  800, 

1469f.  Same — Penalty  for  vessels  departing  without  clearance. — • 
In  case  any  vessel  which  is  detained  by  virtue  of  this  Act  shall 
depart  or  attempt  to  depart  from  the  jurisdiction  of  the  United 
States  without  clearance  or  other  lawful  authority,  the  owner  or 
master  or  person  or  persons  having  charge  or  command  of  such 
vessel  shall" be  severally  liable  to  a  fine  of  not  less  than  $2,000  nor 
more  than  $10,000,  or  to  imprisonment  not  exceed  two  years,  or 
both,  and  in  addition,  such  vessel  shall  be  forfeited  to  the  United 
States.     Id, 

1469g.  Same — President  authorized  to  use  land  or  naval  forces  for 
enforcement  of  Act. — The  President  of  the  United  States  is  hereby 
authorized  and  empowered  to  employ  such  part  of  the  land  or  naval 
forces  of  the  United  States  as  shall  be  necessary  to  carry  out  the 
purpose  of  this  Act.    Id. 

VESSELS  IN  POKTS  OF  THE  UNITED  STATES. 

1469h.  Rules  and  regulations  governing  anchorage  and  movement; 
taking  control  and  possession  of. — Whenever  the  President  by  procla- 
mation or  Executive  order  declares  a  national  emergency  to  exist  by 
reason  of  actual  or  threatened  war,  insurrection,  or  invasion,  or  dis- 
turbance or  threatened  disturbance  of  the  international  relations  of 
the  United  States,  the  Secretar}^  of  the  Treasury  may  make,  subject  to 
the  approval  of  the  President,  rules  and  regulations  governing  the 
anchorage  and  movement  of  any  vessel,  foreign  or  domestic,  in  the 
territorial  waters  of  the  United  States,  may  inspect  such  vessel  at 


MILITARY  LAWS   OF   THE  UNITED  STATES,  1915.  387 

any  time,  place  guards  thereon,  and,  if  necessary  in  his  opinion  in 
order  to  secure  such  vessels  from  damage  or  injury,  or  to  prevent 
damage  or  injury  to  any  harbor  or  waters  of  the  United  States,  or  to 
secure  the  observance  of  the  rights  and  obligations  of  the  United 
States,  may  take,  by  and  with  the  consent  of  the  President,  for  such 
purposes,  full  possession  and  control  of  such  vessel  and  remove  there- 
from the  officers  and  crew  thereof  and  all  other  persons  not  specially 
authorized  by  him  to  go  or  remain  on  board  thereof.  Title  11^  Sec.  /, 
Act  of  June  15, 1917  {Ifi  Stat.  220) . 

14691.  Same — Poioers  of  Governor  of  Canal  Zone  as  to. — Within 
the  territory  and  waters  of  the  Canal  Zone  the  Governor  of  the 
Panama  Canal,  with  the  approval  of  the  President,  shall  exercise  all 
the  powers  conferred  by  this  section  on  the  Secretary  of  the  Treas- 
ury.   Id, 

1469J.  Sa77ie — Failure  to  comply  with  rules  and  regulations^  seizure 
and  forfeiture  of  vessel.;  etc. — If  any  owner,  agent,  master,  officer,  or 
person  in  charge,  or  any  member  of  the  crew  of  any  such  vessel  fails 
to  comply  with  any  regulation  or  rule  issued  or  order  given  by  the 
Secretary  of  the  Treasury  or  the  Governor  of  the  Panama  Canal  un- 
der the  provisions  of  this  title,  or  obstructs  or  interferes  with  the  ex- 
ercise of  any  power  conferred  by  this  title,  the  vessel,  together  with 
her  tackle,  apparel,  furniture,  and  equipment,  shall  be  subject  to 
seizure  and  forfeiture  to  the  United  States  in  the  same  manner  as 
merchandise  is  forfeited  for  violation  of  the  customs  revenue  laws; 
and  the  person  guilty  of  such  failure,  obstruction,  or  interference 
shall  be  fined  not  more  than  $10,000,  or  imprisoned  not  more  than 
two  years,  or  both.    Sec.  2,  id. 

1469k.  Same — Destruction  or  injury  of  vessels;  use  of  vessels  as 
resort  for  persons  conspiring  against  United  States,  etc.;  punish- 
ment.— It  shall  be  unlawful  for  the  owner  or  master  or  any  other  per- 
son in  charge  or  command  of  any  private  vessel,  foreign  or  domestic, 
or  for  any  member  of  the  crew  or  other  person,  within  the  territorial 
waters  of  the  United  States,  w  illfully  to  cause  or  permit  the  destruc- 
tion or  injury  of  such  vessel  or  knowingly  to  permit  said  vessel  to  be 
used  as  a  place  of  resort  for  any  person  conspiring  with  another  or 
preparing  to  commit  any  offense  against  the  United  States,  or  in  vio- 
lation of  the  treaties  of  the  United  States  or  of  the  obligations  of  the 
United  States  under  the  law  of  nations,  or  to  defraud  the  United 
States,  or  knowingly  to  permit  such  vessels  to  be  used  in  violation  of 
the  rights  and  obligations  of  the  United  States  under  the  la^y  of 
nations;  and  in  case  such  vessel  shall  be  so  used,  with  the  knowledge 
of  the  owner  or  master  or  other  person  in  charge  or  command  thereof, 
the  vessel,  together  with  her  tackle,  apparel,  furniture,  and  equip- 


388  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

ment,  shall  be  subject  to  seizure  and  forfeiture  to  the  United  Slates 
in  the  same  manner  as  mercliandise  is  forfeited  for  violation  of  the 
customs  revenue  laws ;  and  whoever  violates  this  section  shall  be  fined 
not  more  than  $10,000  or  imprisoned  not  more  than  two  3'ears,  or 
both.    Sec.  3,  id. 

l^tQdl.  /Same — Employment  of  land  or  naval  forces  for  enforcement 
of  title. — The  President  may  employ  such  part  of  the  land  or  naval 
forces  of  the  United  States  as  he  may  deem  necessary  to  carry  out  the 
purpose  of  this  title.    Sec.  4,  id. 

(For  general  provisions  of  this  act  applicable  to  thi^  title,  see  paragraphs 
1475q-1475t.) 

1469in.  Injmnng  vessels  engaged  in  foreign  commerce^  punish- 
ment. — Whoever  shall  set  fire  to  any  vessel  of  foreign  registry,  or  any 
vessel  of  American  registry  entitled  to  engage  in  commerce  with 
foreign  nations,  or  to  any  vessel  of  the  United  States  as  defined  in 
section  three  hundred  and  ten  ^  of  the  Act  of  March  fourth,  nineteen 
hundred  and  nine,  entitled  "  An  Act  to  codify,  revise,  and  amend 
the  penal  laws  of  the  United  States,"  or  to  the  cargo  of  the  same, 
or  shall  tamper  with  the  motive  power  or  instrumentalities  of  naviga- 
tion of  such  vessel,  or  shall  place  bombs  or  explosives  in  or  upon  such 
vessel,  or  shall  do  any  other  act  to  or  upon  such  vessel  while  within 
the  jurisdiction  of  the  United  States,  or,  if  such  vessel  is  of  American 
registry,  while  she  is  on  the  high  sea,  with  intent  to  injure  or  en- 
danger the  safety  of  the  vessel  or  of  her  cargo,  or  of  persons  on  board, 
whether  the  injury  or  danger  is  so  intended  to  take  place  within  the 
jurisdiction  of  the  United  States,  or  after  the  vessel  shall  have 
del  irted  therefrom;  or  whoever  shall  attempt  or  conspire  to  do  any 
such  acts  with  such  intent,  shall  be  fined  not  more  than  $10,000  or 
imprisoned  not  more  than  twenty  years,  or  both.  Title  III,  Sec.  1, 
id.,  2m. 

(For  general  provisions  of  this  act  applicable  to  this  title,  see  paragraphs 
1475q-1475t.) 

1469n.  Interference  with  foreign  commerce  hy  violent  means;  pun- 
ishment.— ^Whoever,  with  intent  to  prevent,  interfere  with,  or  ob- 
struct or  attempt  to  prevent,  interfere  with,  or  obstruct  the  exporta- 
tion to  foreign  countries  of  articles  from  the  United  States  shall 
injure  or  destroy,  by  fire  or  explosives,  such  articles  or  the  places 
where  they  may  be  while  in  such  foreign  commerce,  shall  be  fined 
not  more  than  $10,000,  or  imprisoned  not  more  than  ten  years,  or 
both-.     Title  IV,  Sec.  1,  id. 

(For  general  provisions  of  this  act  applicable  to  this  title,  see  paragraphs 
1475q-1475t.) 

'  See  35  Stat.  1148. 


MILITARY   LAWS   OF   THE   UNITED   STATES^  1015.  389 

ENFORCEMENT   OF   NEUTRALITY. 

1469o.  Withholding  clearance  papers  from  vessels. — During  a  war 
in  which  the  United  States  is  a  neutral  nation,  the  President,  or  any 
person  thereunto  authorized  by  him,  may  withhold  clearance  from  or 
to  any  vessel,  domestic  or  foreign,  which  is  required  by  law  to  secure 
clearance  before  departing  from  port  or  from  the  jurisdiction  of 
the  United  States,  or,  by  service  of  formal  notice  upon  the  owner, 
master,  or  person  in  command  or  having  charge  of  any  domestic 
vessel  not  required  by  law  to  secure  clearances  before  so  departing, 
to  forbid  its  departure  from  port  or  from  the  jurisdiction  of  the 
United  States,  whenever  there  is  reasonable  cause  to  believe  that  any 
such  vessel,  domestic  or  foreign,  whether  requiring  clearance  or  not, 
is  about  to  carry  fuel,  arms,  ammunition,  men,  supplies,  dispatches, 
or  information  to  any  warship,  tender,  or  supply  ship  of  a  foreign 
belligerent  nation  in  violation  of  the  laws,  treaties,  or  obligations  of 
the  United  States  under  the  law  of  nations;  and  it  shall  thereupon 
be  unlawful  for  such  vessel  to  depart.     Title  F,  Sec.  i,  id. 

1469p.  Detention  of  armed  vessels. — During  a  war  in  which  the 
United  States  is  a  neutral  nation,  the  President,  or  any  person  there- 
unto authorized  by  him,  may  detain  any  armed  vessel  owned  wholj}^ 
or  in  part  by  American  citizens,  or  any  vessel,  domestic  or  foreign 
(other  than  one  which  has  entered  the  ports  of  the  United  States  as 
a  public  vessel),  which  is  manifestly  built  for  warlike  purposes  or 
has  been  converted  or  adapted  from  a  private  vessel  to  one  suitable 
for  warlike  use,  until  the  owner  or  master,  or  person  having  charge 
of  such  vessel,  shall  furnish  proof  satisfactory  to  the  President,  or 
to  the  person  duly  authorized  by  him,  that  the  vessel  will  not  be 
emploj^ed  by  tlie  said  owners,  or  master,  or  person  having  charge 
thereof,  to  cruise  against  or  commit  or  attempt  to  commit  hostilities 
upon  the  subjects,  citizens,  or  property  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people  w^ith  which  the  United  States  is 
at  peace  and  that  the  said  vessel  will  not  be  sold  or  delivered  to  any 
belligerent  nation,  or  to,  jin  agent,  officer,  or  citizen  of  such  nation,  by 
them  or  any  of  them,  within  the  jurisdiction  of  the  United  States,  or, 
having  left  that  jurisdiction,  upon  the  high  seas.     Sec.  ^,  id. 

1469q.  Sending  out  armed  vessels  with  intent  to  deliver  satne  to 
helligerents. — During  a  war  in  which  the  United  States  is  a  neutral 
nation,  it  shall  be  unlawful  to  send  out  of  the  jurisdiction  of  the 
United  States  any  vessel  built,  armed,  or  equipped  as  a  vessel  of 
war,  or  converted  from  a  private  vessel  into  a  vessel  of  war,  with 
any  intent  or  under  any  agreement  or  contract,  written  or  oral, 
that  such  vessel  shall  be  delivered  to  a  belligerent  nation,  or  to  an 
agent,  officer,  or  citizen  of  such  nation,  or  with  reasonable  cause  to 
believe  that  the  said  vessel  shall  or  will  be  employed  in  the  service 


390  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

of  any  such  belligerent  nation  after  its  departure  from  the  jurisdic- 
tion of  the  United  States.    Sec.  3,  id.,  2m. 

1469r.  Statement  froTn  master  of  vessel  that  cargo  loill  not  he  de- 
lioered  to  other  vessels,  etc.,  additional  to  requirements  of  sees.  Ji-197, 
4198,  and  4200,  R.  S. — During  a  war  in  Avhich  the  United  States  is  a 
neutral  nation,  in  addition  to  the  facts  required  by  sections  forty-one 
hundred  and  ninety-seven,  forty-one  hundred  and  ninety-eight,  and 
forty-two  hundred  of  the  Revised  Statutes  to  be  set  out  in  the 
masters'  and  shippers'  manifests  before  clearance  will  be  issued  to 
vessels  bound  to  foreign  ports,  each  of  which  sections  of  the  Eevised 
Statutes  is  hereby  declared  to  be  and  is  continued  in  full  force  and 
effect,  every  master  or  person  having  charge  or  command  of  any 
vessel,  domestic  or  foreign,  whether  requiring  clearance  or  not,  before 
departure  of  such  vessel  from  port  shall  deliver  to  the  collector  of 
customs  for  the  district  wherein  such  vessel  is  then  located  a  state- 
ment duly  verified  by  oath,  that  the  cargo  or  any  part  of  the  cargo 
is  or  is  not  to  be  delivered  to  other  vessels  in  port  or  to  be  trans- 
shipped on  the  high  seas  and,  if  it  is  to  be  so  delivered  or  trans- 
shipped, stating  the  kind  and  quantities  and  the  value  of  the  total 
quantity  of  each  kind  of  article  so  to  be  delivered  or  transshipped, 
and  the  name  of  the  person,  corporation,  vessel,  or  government,  to 
whom  the  delivery  or  transshipment  is  to  be  made ;  and  the  owners, 
shippers,  or  consignors  of  the  cargo  of  such  vessel  shall  in  the  same 
manner  and  under  the  same  conditions  deliver  to  the  collector  like 
statements  under  oath  as  to  the  cargo  or  the  parts  thereof  laden  or 
shipped  by  them,  respectively.    Sec.  4^  id. 

1469s.  Forhidding  defarture  of  vessels,  v^hen. — Whenever  it  ap- 
pears that  the  vessel  is  not  entitled  to  clearance  or  whenever  there  is 
reasonable  cause  to  believe  that  the  additional  statements  under  oath 
required  in  the  foregoing  section  are  false,  the  collector  of  customs 
for  the  district  in  which  the  vessel  is  located  may,  subject  to  review 
bv  the  Secretarv  of  Commerce,  refuse  clearance  to  any  vessel,  do- 
mestic  or  foreign,  and  by  formal  notice  served  upon  the  owners, 
master,  or  person  or  persons  in  command  or  charge  of  any  domestic 
vessel  for  which  clearance  is  not  required  by  law,  forbid  the  de- 
parture of  the  vessel  from  the  port  or  from  the  jurisdiction  of  the 
United  States;  and  it  shall  thereupon  be  unlawful  for  the  vessel  to 
depart.    Sec.  5,  id. 

1469t.  Unlawful  taking  of  vessel  out  of  port,  funishment. — ^Who- 
ever, in  violation  of  any  of  the  provisions  of  this  title,  shall  take,  or 
attempt  or  conspire  to  take,  or  authorize  the  taking  of  any  such 
vessel,  out  of  port  or  from  the  jurisdiction  of  the  United  States, 
shall  be  fined  not  more  than  $10,000  or  imprisoned  not  more  than 
five  years,  or  both ;  and,  in  addition,  such  vessel,  her  tackle,  apparel, 


MILITARY   LAWS   0;F    THE   UNITED  STATES,  1915.  391 

furniture,  equipment,  and  her  cargo  shall  be  forfeited  to  the  United 
States.    Sec.  6^  id, 

1469u.  Leaving  jurisdiction^  etc.^  hy  interned  person  of  armed  land 
or  naval  forces  of  'belligerent  nations;  arrest  and  punishment. — Who- 
ever, being  a  person  belonging  to  the  armed  land  or  naval  forces  of  a 
belligerent  nation  or  belligerent  faction  of  any  nation  and  being  in- 
terned in  the  United  States,  in  accordance  with  the  law  of  nations, 
shall  leave  or  attempt  to  leave  said  jurisdiction,  or  shall  leave  or  at- 
tempt to  leave  the  limits  of  internment  in  which  freedom  of  move- 
ment has  been  allowed,  without  permission  from  the  proper  official 
of  the  United  Stales  in  charge,  or  shall  willfully  overstay  a  leave  of 
absence  granted  by  such  official,  shall  be  subject  to  arrest  by  any  mar- 
shal or  deputy  marshal  of  the  United  States,  or  by  the  military  or 
naval  authorities  thereof,  aijd  shall  be  returned  to  the  place  of  intern- 
ment and  there  confined  and  safely  kept  for  such  period  of  time  as 
the  official  of  the  United  States  in  charge  shall  direct;  and  whoever, 
within  the  jurisdiction  of  the  United  States  and  subject  thereto,  shall 
aid  or  entice  any  interned  person  to  escape  or  attempt  to  escape  from 
the  jurisdiction  of  the  United  States,  or  from  the  limits  of  intern- 
ment prescribed,  shall  be  fined  not  more  than  $1,000  or  imprisoned 
not  more  than  one  year,  or  both.    Sec.  7,  id.,  223. 

1469v.  Employment  of  land  or  naval  forces  for  enforcement  of 
title. — The  President  may  employ  such  part  of  the  land  or  naval 
forces  of  the  United  States  as  he  may  deem  necessary  to  carry  out  the 
purposes  of  this  title.    Sec.  0,  id. 

(For  section  8  of  this  title  see  paragraph  1471a,  post.) 

1469w.  Neutrality  resolution  of  March  4-^1915,  repealed. — The  joint 
resolution  approved  March  fourth,  nineteen  hundred  and  fifteen,^ 
"  To  empower  the  President  to  better  enforce  and  maintain  the  neu- 
trality of  the  United  States,"  and  any  Act  or  parts  of  Acts  in  conflict 
with  the  provisions  of  this  title  are  hereby  repealed.    Sec.  11,  id. 

(For  section  10  of  this  title  see  paragraph  1473a  :  and  for  general  provisions 
of  this  act  applicable  to  this  title  see  paragraphs  1475q-1475t.) 

1471a.  Organizing  military  expedition  against  friendly  poioer, 
punishment. — Whoever,  within  the  territory  or  jurisdiction  of  the 
United  States  or  of  any  of  its  possessions,  knowingly  begins  or  sets 
on  foot  or  provides  or  prepares  a  means  for  or  furnishes  the  money 
for,  or  who  takes  part  in,  any  military  or  naval  expedition  or  enter- 
prise to  be  carried  on  from  thence  against  the  territory  or  dominion 
of  any  foreign  prince  or  state,  or  of  any  colony,  district,  or  people 
with  whom  the  United  States  is  at  peace,  shall  be  fined  not  more  than 
$3,000  or  imprisoned  not  more  than  three  years,  or  both.     Title  U, 

*  Paragraphs  1469a  and  1469b,  ante,  repealed. 


392  MILITARY   LAWS   OF   THE   UNITED   STATES,   1&15. 

^ec.  8,  Act  of  June  15, 1917  {JfO  Stat.  223) ,  amending  Sec.  13,  Act  of 
Mar.  J,,  1909,  Cmminal  Code  {35  Stat.  1090). 

1472a.  Same — President  authorized  to  use  land  or  naval  forces  to 
prevent  violation. — The  President  of  the  United  States  be,  and  he 
is  hereby,  authorized  and  empowered  to  employ  such  part  of  the 
land  or  naval  forces  of  the  United  States  as  shall  be  necessary  to  carry 
out  the  purposes  of  this  resolution.  Joint  resolution  No.  IJf,  Mar.  Jf, 
1915  {38  Stat.  1226). 

1472b.  Same — Extends  to  all  land  and  water,  continental  or  in- 
sular, within  jurisdiction  of  United  States. — The  provisions  of  this 
resolution  shall  be  deemed  to  extend  to  all  land  and  vrater,  conti- 
nental or  insular,  within  the  jurisdiction  of  the  United  States.  Id. 
1227. 

1473a.  Compelling  foreign  vessels  to  depart,  etc. — It  shall  be  law- 
ful for  the  President  to  employ  such  part  of  the  land  or  naval  foices 
of  the  United  States,  or  of  the  militia  thereof,  as  he  may  deem  neces- 
sary to  compel  any  foreign  vessel  to  depart  from  the  United  States 
or  any  of  its  possessions  in  all  cases  in  which,  by  the  law  of  nations 
or  the  treaties  of  the  United  States,  it  ought  not  to  remain,  and  to 
detain  or  prevent  any  foreign  vessel  from  so  departing  in  all  cases 
in  which,  by  the  law  of  nations  or  the  treaties  of  the  United  States, 
it  is  not  entitled  to  depart.  Title  V,  Sec.  10,  Act  of  June  15,  1917 
{40  Stat.  223),  amending  Sec.  15,  Act  of  Mar.  4, 1909,  Crhninal  Code 
{35  Stat.  1091). 

MEXICO. 

1475a.  Employment  of  armed  force  in,  hy  President  justified. — The 
President  is  justified  in  the  employment  of  the  armed  forces  of  the 
United  States  to  enforce  his  demand  for  unequivocal  amends  for 
certain  affronts  and  indignities  committed  against  the  United  States. 
Joint  resolution  No.  10,  Apr.  22, 1914  {38  Stat.  770). 

1475b.  Same — Hostility  to  Mexican  people  disclaimed. — The  United 
States  disclaims  any  hostility  to  the  Mexican  people  or  any  purpose 
to  make  war  upon  Mexico.     Id. 

SEIZURE  OF  ARMS  AND  OTHER  ARTICLES  INTENDED  FOR  EXPORT. 

1475c.  Authority  to  make  seizure. — Whenever  an  attempt  is  made 
to  export  or  ship  from  or  take  out  of  the  Ignited  States,  any  arms  or 
munitions  of  war,  or  other  articles,  in  vioh.  on  of  law,  or  whenever 
there  shall  be  known  or  probable  cause  to  believe  that  any  such  arms 
or  munitions  of  war,  or  other  articles,  are  being  or  are  intended  to 
be  exported,  or  shipped  from,  or  taken  out  of  the  United  States,  in 
violation  of  law,  the  several  collectors,  naval  officers,  surveyors, 
inspectors  of  customs,  and  marshals,  and  deputy  marshals  of  the 


MILITARY   LAWS   OF   THE   UNITED  STATES,  1915.  393 

United  States,  and  every  other  person  duly  authorized  for  the  pur- 
pose by  the  President,  may  seize  and  detain  .any  articles  or  munitions 
of  war  about  to  be  exported  or  shipped  from,  or  taken  out  of  the 
United  States,  in  violation  of  law,  and  the  vessels  or  vehicles  con- 
taining the  same,  and  retain  possession  thereof  until  released  or  dis- 
posed of  as  hereinafter  directed.  Title  F/,  Sec.  i,  Act  of  June  7-5, 
1917  {JfO  Stat.  223). 

1475cJ.  Same — Forfeiture  to  United  States. — If  upon  due  inquiry 
as  hereinafter  provided,  the  property  seized  shall  appear  to  have 
been  about  to  be  so  unlawfully  exported;  shipped  from,  or  taken  out 
of  the  United  States,  the  same  shall  be  forfeited  to  the  United  States. 

Id.,  mit. 

1475d.  Same — Application  for  wat^ant,  issue  of  loarant. — It  shall 
be  the  duty  of  the  person  making  any  seizure  under  this  title  to 
apply,  with  due  diligence,  to  the  judge  of  the  district  court  of  the 
United  States,  or  to  the  judge  of  the  United  States  district  court  of 
the  Canal  Zone,  or  to  the  judge  of  a  court  of  first  instance  in  the 
Philippine  Islands,  having  jurisdiction  over  the  place  within  which 
the  seizure  is  made,  for  a  warrant  to  justify  the  further  detention  of 
the  property  so  seized,  Avhich  warrant  shall  be  granted  only  on  oath 
or  affirmation  showing  that  there  is  known  or  probable  cause  to 
believe  that  the  property  seized  is  being  or  is  intended  to  be  exported 
or  shipped  from  or  taken  out  of  the  United  States  in  violation  of 
law;  and  if  the  judge  refuses  to  issue  the  warrant,  or  application 
therefor  is  not  made  by  the  person  making  the  seizure  within  a  rea- 
sonable time,  not  exceeding  ten  days  after  the  seizure,  the  property 
shall  forthwith  be  restored  to  the  owner  or  person  from  whom  seized. 
Sec.  2,  id. 

1475e.  Same — Custody  of  property  seized. — If  the  judge  is  satisfied 
that  the  seizure  was  justified  under  the  provisions  of  this  title  and 
issues  his  warrant  accordingly,  then  the  property  shall  be  detained 
by  the  person  seizing  it  until  the  President,  who  is  hereby  expressly 
authorized  so  to  do,  orders  it  to  be  restored  to  the  owner  or  claimant, 
or  until  it  is  discharged  in  due  course  of  law  on  petition  of  the 
claimant,  or  on  trial  of  condemnation  proceedings,  as  hereinafter 
provided.    Id. 

1475f.  Sam.e — Petition  of  owner  for  restoration,  hearing. — The 
owner  or  claimant  of  any  property  seized  under  this  title  may, 
at  any  time  be'fore  condemnation  proceedings  have  been  instituted, 
as  hereinafter  provided,  file  his  petition  for  its  restoration  in  the 
district  court  .of  the  United  States,  or  the  district  court  of  the 
Canal  Zone,  or  the  court  of  first  instance  in  the  Philippine  Islands, 
having  jurisdiction  over  the  place  in  which  the  seizure  was  made, 
whereupon  the  court  shall  advance  the  cause  for  hearing  and  de- 
termination with  all  possible  dispatch,  and,  after  causing  notice  to 


394 

be  given  to  the  United  States  attorney  for  the  district  and  to  the 
person  making  the  seizure,  shall  proceed  to  hear  and  decide  whether 
the  property  seized  shall  be  restored  to  the  petitioner  or  forfeited  to 
the  United  States.    &ec.  5,  kl. 

1475g.  &arae — Lihel  of  property^  sale  of  property. — Whenever  the 
person  making  any  seizure  under  this  titlei  applies  for  and  obtains  a 
warrant  for  the  detention  of  the  property,  and  (a)  upon  the  hear- 
ing and  determination  of  the  petition  of  the  owner  or  claimant 
restoration  is  denied,  or  (b)  the  owner  or  claimant  fails  to  file  a 
petition  for  restoration  within  thirty  days  after  the  seizure,  the 
United  States  attorney  for  the  district  wherein  it  was  seized,  upon 
direction  of  the  Attorney  General,  shall  institute  libel  proceedings  in 
the  United  States  district  court' or  the  district  court  of  the  Canal 
Zone  or  the  court  of  first  instance  of  the  Philippine  Islands  having 
jurisdiction  over  the  place  wherein  the  seizure  was  m.ade,  against  the 
property  for  condemnation;  and. if,  after  trial  and  hearing  of  the 
issues  involved,  the  property  is  condemned,  it  shall  be  disposed  of 
by  sale,  and  the  proceeds  thereof,  less  the  legal  costs  and  charges, 
paid  into  the  Treasury.    Sec.  4,  id, 

1475h.  &ame — Procedure  on  petition  of  owner  and  in  libel. — The 
proceedings  in  such  summary  trials  upon  the  petition  of  the  owner 
or  claimant  of  the  property  seized,  as  well  as  in  the  libel  cases  herein 
provided  for,  shall  conform,  as  near  as  may  be,  to  the  proceedings 
in  admiralty,  except  that  either  party  may  demand  trial  by  jury  of 
any  issue  of  fact  joined  in  such  libel  cases,  and  all  such  proceedings 
shall  be  at  the  suit  of  and  in  the  name  of  the  United  States.  See, 
J,  id. 

14751.  Same — Bond  for  redelivery  of  the  property. — Upon  the  pay- 
ment of  the  costs  and  legal  expenses  of  both  the  summary  trials  and 
the  libel  proceedings  herein  provided  for,  and  the  execution  and 
delivery  of  a  good  and  sufficient  bond  in  an  amount  double  the 
value  of  the  property  seized,  conditioned  that  it  will  not  be  exported 
or  used  or  employed  contrary  to  the  provisions  of  this  title,  the 
court,  in  its  discretion,  may  direct  that  it  be  delivered  to  the  owners 
thereof  or  to  the  claimants  thereof.    /«?.,  225. 

1475J.  Sa^ie — Operation  of  title. — Except  in  those  cases  in  which 
the  exportation  of  arms  and  munitions  of  war  or  other  articles  is 
forbidden  by  proclamation  or  otherwise  by  the  President,  as  pro- 
vided in  section  one  of  this  title,  nothing  herein  contained  shall  be 
construed  to  extend  to,  or  interfere  with  any  trade  in  such  com- 
modities, conducted  with  any  foreign  port  or  place  TY^^eresoever,  or 
with  any  other  trade  which  might  have  been  lawfully  carried  on 
before  the  passage  of  this  title,  under  the  law  of  nations,  or  under 
the  treaties  or  conventions  entered  into  by  the  United  States,  or 
imder  the  laws  thereof.    Sec.  6^  id. 


MILITARY  LAWS  OF   TPIE  UNITED  STATES,  1915.  395 

1475k.  Same — Release  of  property  on  payment  of  costs^  etc. — 
Upon  payment  of  the  costs  and  legal  expenses  incurred  in  any  such 
summary  trial  for  possession  or  libel  proceedings,  the  President  is 
hereby  authorized,  in  his  discretion,  to  order  the  release  and  restora- 
tion to  the  owner  or  claimant,  as  the  case  may  be,  of  any  property 
seized  or  condemned  under  the  provisions  of  this  title.    Sec.  7,  id. 

14751.  Same — Enforcement  of  title. — The  President  may  employ 
such  part  of  the  land  or  naval  forces  of  the  United  States  as  he  may 
deem  necessary  to  carry  out  the  purposes  of  this  title.    Sec.  5,  id. 

(For  general  provisions  of  this  act  applicable  to  this  title,  see  paragraphs 
1475q-1475t.) 

CERTAIN  EXPORTS  IX  TIME  OF  WAR  UNLAWFUL. 

1475m.  Proclamation  hy  the  President  as  to. — Whenever  during 
the  present  war  the  President  shall  find  that  the  public  safety  shall 
so  require,  and  shall  make  proclamation  ^  thereof,  it  shall  be  unlaw- 
ful to  export  from  or  ship  from  or  take  out  of  the  United  States  to 
any  country  named  in  such  proclamation  any  article  or  articles 
mentioned  in  such  proclamation,  except  at  such  time  or  times,  and 
under  such  regulations  and  orders,  and  subject  to  such  limitations 
and  exceptions  as  the  President  shall  prescribe,  until  otherwise 
ordered  by  the  President  or  by  Congress:  Provided^  however.,  That 
no  preference  shall  be  given  to  the  ports  of  one  State  over  those  of 
another.     Title  VII,  Sec.  1,  Act  of  June  15, 1917  {J^O  Stat.  225.) 

1475n.  Same — Punishment  for  exportation,  etc. — Any  person  who 
shall  export,  ship,  or  take  out,  or  deliver  or  attempt  to  deliver  for 
export,  shipment,  or  taking  out,  any  article  in  violation  of  this  title, 
or  of  any  regulation  or  order  made  hereunder,  shall  be  fined  not  more 
than  $10,000,  or,  if  a  natural  person,  imprisoned  for  not  more  than 
two  years,  or  both :  and  any  article  so  delivered  or  exported,  shipped, 
or  taken  out,  or  so  attempted  to  be  delivered  or  exported,  shipped, 
or  taken  out,  shall  be  seized  and  forfeited  to  the  United  States;  and 
any  officer,  director,  or  agent  of  a  corporation  who  participates  in 
any  such  violation  shall  be  liable  to  like  fine  or  imprisonment,  or 
both.     Sec.  2,  id. 

1475o.  Same — Refusal  of  clearance  to  vessels. — ^Whenever  there  is 
reasonable  cause  to  believe  that  any  vessel,  domestic  or  foreign,  is 
about  to  carry  out  of  the  United  States  any  article  or  articles  in 
violation  of  the  provisions  of  this  title,  the  collector  of  customs  for 
the  district  in  which  such  vessel  is  located  is  hereby  authorized  and 
empowered,  subject  to  review  by  the  Secretary  of  Commerce,  to 
refuse  clearance  to  any  such  vessel,  domestic  or  foreign,  for  which 

*  See  proclamations  of  the  President  of  July  9,  August  27,  and  September 
7,  1917. 


396  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

clearance  is  required  by  law,  and  by  formal  notice  served  upon  the 
OAvners,  master,  or  person  or  persons  in  command  or  charge  of  any 
domestic  vessel  for  which  clearance  is  not  required  by  law,  to  forbid 
the  departure  of  such  vessel  from  the  port,  and  it  shall  thereupon  be 
unlawful  for  such  vessel  to  depart.     Sec.  -5,  id. 

1475p.  /Same — Punishment  for  taking,  etc.,  such  vessels  out  of  port, 
etc. — Whoever,  in  violation  of  any  of  the  provisions  of  this  section 
shall  take,  or  attempt  to  take,  or  authorize  the  taking  of  any  such 
vessel,  out  of  port  or  from  the  jurisdiction  of  the  United  States, 
shall  be  fined  not  more  than  $10,000  or  imprisoned  not  more  than  two 
years,  or  both ;  and,  in  addition,  such  vessel,  her  tackle,  apparel,  fur- 
niture, equipment,  and  her  forbidden  cargo  shall  be  forfeited  to  the 
United  States.    Id. 

(For  ^'eneral  jn-ovisions  of  this  act  applicable  to  the  title,  see  paragraphs 
1475q-1475t.) 

GENERAL  PROVISIONS. 

1475q.  United  States  defined. — The  term  "  United  States  "  as  used 
in  this  Act  includes  the  Canal  Zone  and  all  territory  and  waters, 
continental  or  insular,  subject  to  the  jurisdiction  of  the  United  States. 
Title  XIII,  Sec.  1,  id.,  231. 

(For  Title  XII  of  this  act  see  paragraphs  253a-253e,  ante.) 

1475r.  Jurisdiction  of  offenses. — The  several  courts  of  first  instance 
in  the  Philippine  Islands  and  the  district  court  of  the  Canal  Zone 
shall  have  jurisdiction  of  offenses  under  this  Act  committed  within 
their  respective  districts,  and  concurrent  jurisdiction  with  the  dis- 
trict courts  of  the  United  States  of  offenses  under  this  Act  com- 
mitted upon  the  high  seas,  and  of  conspiracies  to  commit  such 
offenses,  as  defined  by  section  thirty-seven  ^  of  the  Act  entitled  "An 
Act  to  codify,  revise,  and  amend  the  penal  laws  of  the  United 
Sates,"  approved  March  fourth,  nineteen  hundred  and  nine,  and  the 
provisions  of  said  section,  for  the  purpose  of  this  Act,  are  hereby 
extended  to  the  Philippine  Islands  and  to  the  Carial  Zone.  In  such 
cases  the  district  attorneys  of  the  Philippine  Islands  and  of  the  Canal 
Zone  shall  have  the  powers  and  perform  the  duties  provided  in  this 
Act  for  United  States  attorneys.    Sec.  2,  id. 

1475s.  Prosecutions  binder  prior  laws,  repealed,  etc. — Offenses  com- 
mitted and  penalties,  forfeitures,  or  liabilities  incurred  prior  to  the 
taking  effect  hereof  under  aii}^  law  embraced  in  or  changed,  modified, 
or  repealed  by  any  chapter  of  this  Act  may  be  prosecuted  and  pun- 
ished, and  suits  and  proceedings  for  causes  arising  or  acts  done  or 
committed  prior  to  the  taking  effect  hereof  may  be  commenced  and 

'  36  Stat.  1098. 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915.  397 

prosecuted,  in  the  same  manner  and  with  the  same  effect  as  if  this 
Act  had  not  been  passed.     Sec.  3^  id. 

1475t.  Effect  of  fartial  invalidity  of  Act. — If  any  clause,  sentence, 
paragraph,  or  part  of  this  Act  shall  for  any  reason  be  adjudged  by 
any  court  of  competent  jurisdiction  to  be  invalid,  such  judgment  shall 
not  affect,  impair,  or  invalidate  the  remainder  thereof  but  shall  bo 
confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directly  involved  in  the  controversy  in  which  such  judgment 
shall  have  been  rendered.    Sec.  ^,  id* 


CHAPTER  XXXV, 


PENSION  LAWS. 


Par. 

Military  and  naval  Insurance-  1483a- 

14S3aaaaa 

Bureau  of  War-Risk  Insurance; 

director,  salary 1483a 

Division  of  Military  and  Naval 
Insurance  and  Marine  and 
Seamen's  Insurance;  commis- 
sioners, salary 1483b 

Certain  sections  applicable  only 
to  Division  of  Marine  and  Sea- 
men's Insurance 1483c 

General  powers  and  duties  of 
director 1483d 

Regulations  made  by  director; 
rules  respecting  procedure  of 
divisions;  compensation  of 
claim  agents  and  attorneys; 
proofs  and  evidence,  etc 1483e 

Deputies,    assistants,   actuaries, 

etc__- 1483f 

Service  of  surgeons  of  Army  and 
Navy 1483g 

Advisory  board,  establishment, 
powers,  duties,  and  compen- 
sation   1483h 

Subpcenas  for  witnesses,  etc. ; 
administration  of  oaths 14S3i 

In.foi-mation  and  reports  of  of- 
ficials, etc.,  of  United  States 
and  States 1483j 

Disobedience  to  subpoenas,  etc., 
contempt 1483lv 

Same — Fees  and  mileage  of 
witnesses 14831 

Annual  estimate  of  appropria- 
tions for  bureau 1483m 

Appropriation  for  expenses 1483n 

Application  of  civil-service  rules 
to  employees,  exceptions 14S3o  | 


.  Par. 
Same — Fees,     allowances,     and 

salaries  of 1483p 

Evidence  of  marriage  of  claim- 
ants   14S3q 

Same — Legal   marriage   accord- 
ing to  law  of  domicile 1483r 

I*resumption  of  allotments  and 

family    allowances 14S3s 

Child  defined 1483t 

Grandchild  defined 1483u 

Age  limit  of  children  and  grand- 
children   unless    permanently 

helpless 1483v 

Parent  defined 1483w 

Brother  and  sister  defined 14M3x 

Commissioned  officer  defined,  in- 
cludes warrant  officer • 1483y 

Men  and  enlisted  men  defined-,  148355 

Enlistment  defined 1483;m 

Commissioner  defined 1483bb 

Injury  defined 14S3:"C 

Pay  defined 1483'U1 

Military    or    naval    forces    de- 
fined   1483?o 

Payments  to  minors,  etc 14S3I;i 

Information,  etc.,  by  bureau  to 
persons  in  military  or  naval 

service 1483gg 

Record  of  insurance  held  by  of- 
ficers and  enlisted  men  of 
military  and  naval  service.  14S3bh 
False  statement  in  claims  con- 
stitute perjury,  punishment-  1483ii 
Fraudulent  acceptance  of  pay- 
ments under  act,  punish- 
ment    1483JJ 

Compensation  for  death  or  dis- 
ability  1483kk-14831)bbb 

Payable  to  whom 1483kk 


400 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


Par. 

Compensation  for  death, 
amounts  payable  to  widow 
and  cliildren 148311 

Same — A  mount  payable  to 
widowed  motlier 1483mm 

Same — Compensation  for  deatK 
of  but  one  child  in  absence  of 
compensation  for  death  of 
husband 14S3nn 

Same — Right  of  widowed  mother 
not  dependent  on  date  of  wid- 
ov/hood  and  date  of  death, 
etc 148300 

Unrial  expenses,  etc.,  in  case  of 
death  prior  to  discharge  or 
resignation 1483pp 

Duration    of    compensation    to 

widow  or  widowed  mothe'r__  14S3qq 

Duration    of    compensation    to 

child 1483rr 

Compensation  to  remaining  ben- 
eficiaries where  payment  has 
ceased  to  some  of  the  benefi- 
ciariQ,s 1483ss 

Apportionment  of  compensation 
between  widow  and  children 
not  in  her  custody 1483tt 

Restriction  as  to  time  of  mar- 
riage, sul)sequent  to  receipt  of 
injury 1483uu 

Comiiensation      for      disability, 

amounts 1483vv 

Same — Nurse  or  attendant  where 
totally   disabled 1483ww 

Same — Maximum  compensation 
for  loss  of  both  feet,  hands,  or 
eyes 1483xx 

Compensation  for  partial  dis- 
ability to  be  percentage  of 
that  for  total  disability——  14S3yy 

Adoption  of  schedule  of  ratings 
of  reduced  earning  capacity  for 
permanent  injuries,  maximum 
rating 14S3zz 

Same — Basis  of  ratings,  revi- 
sion of  schedule 1483aaa 

Medical,   surgical,   and  hospital 

services  and  supplies,  etc 14S3bbb 

Same — Military  or  naval  con- 
trol prior  to  discharge 1483ccc 

Amount  of  monthly  compensa- 
tion dependent  upon  existing 
conditions 1483ddd 


Par. 

Examination  oi  persons  receiv- 
ing compensation 1483eee" 

Same — Personal  physician  may 
participate  in 1483fff 

Same — Traveling  and  other  ex- 
penses, etc.,  in  connection 
with  ___, _'__  1483ggg 

Same — Refusal  to  submit  to, 
etc 14S3hhh 

Same — Compensation  to  cease 
during  such  refusal,  etc 1483iii 

Submission  to  medical  or  surgi- 
cal treatment 1483jjj 

Review  of  awards 1483kkk 

Time  of  occurrence  of  death  or 
disability  as  affecting  right  to 
compensation 1483111 

Official  record  of  death  as  pre- 
requisite to  payment  of  com- 
pensation    1483nuum 

No  compensation  for  death  in- 
flicted as  lawful  punish- 
ment   1483nnn 

Effect  of  dismissal  or  dishon- 
orable, etc.,  discharge  from 
service 1483ooo 

Time  of  filing  claim  as  affecting 

right  to  compensation 1483ppp 

Same — Where 'death  or  disabil- 
ity occurred  after  discharge, 
etc.,  from  service 1483qqq 

Same — Extension  of  time  limit-  1483rrr 

Same — Time  limit  wliere  claim- 
ant is  minor  or  under  other 
disability 1483sss 

Payment  of  compensation  and 
increasv-^d  compensation  prior 
to  da  to  of  filing  of  claim,  limi- 
tation of  time  for 1483ttt 

Compensia.lion  not  assignable, 
and  exempt  from  taxation, 
process,  etc 1483uuu 

No  comnoivation  to  person  re- 
cei'.ing  service  or  retirement 
pay  1483VVV 

Gratuity  and  pension  laws,  when 
not  applicable 1483www 

Compensation  for  death  or  dis- 
ability of  members  of  Army 
or  Navy  Nurse  Corps  in  lieu 
of  compensation  provided  by 
act  of  Sept.  7,  1916 1483xxx 


MILITARY   LAWS   OF   THE  UNITED  STATES.  iyl5. 


401 


Par. 

AssliEjnment  to  United  States  by 
persons  receiving  compensa- 
tion of  right  of  action  against 
third  person  for  injury  caus- 
ing death  or  disability 1483yyy 

Same — Settlement  of  action  so 
assigned  and  disposition  of 
proceeds 1483zzz 

Military  and  naval  compensa- 
tion appropriation,  payments 
from 1483aaaa 

( 'oiinnissioner  of  Pensions  to  ad- 
iiiiiiister  provisions  of  sec- 
tion   1483bbbb 

Insurance 1483cccc-1483anaaa 

Persons  entitled  to  and  amount 

of  insurance 1483cccc 

Application  for  insurance,  time 
for  making 1483dddd 

Persons  deemed  to  have  applied 
for  insurance  in  certain 
amount 1483eeee 

Snme — Payment  to  widow,  child, 
or  widowed  mother 1483ffff 

Same — Total  payments  not  to 
exceed  240  monthly  install- 
ments, apportionment  of 1483gggg 

Terms  and  conditions  of  insur- 
ance contracts,  publication 
of 1483hhhh 

Insurance  not  assignable  or 
subject  to  claims  of  cred- 
itors  1483iiii 

Same — Payable  to  whom 1483jjjj 

Same — Payment  in  installments. 

1483kkkk 

Provision  for  maturity,  continu- 
ous installments,  cash,  loan, 
paid-up  values,  etc 14831111 

Calculations  based  upon  Ameri- 
can Experience  Table  of  Mor- 
tality  1483mmmm 

Change  of  beneficiaries 1483nnnn 

Payment  where  no  beneficiary 
is  named 1483oooo 

Same — Cash  payment  to  estate 
where  beneficiary  does  not 
survive,  etc 1483pppp 

54208**— 18 26 


Par. 

Expense  of  administration  and 
excess  mortality  and  disability 
cost  due  to  war  hazards  borne 
by  United  States 1483qqqq 

Premium  rates i 1483rrrr 

Form  of  insurance 1483ssss 

Same — Conversion  of  term  in- 
surance into  other  forms 1483tttt 

Same  —  Regulations  governing 
such  conversion;  payment  of 
premiums 1483uuuu 

A(tions  on  claims  under  insur- 
ance contracts,  jurisdiction.  1483vvvv 

Judgment  to  include  attorney's 
fees 1483WWWW 

Unlawful  charges  or  fees  for 
services  rendered 1483xxxx 

Military  and  naval  insurance  ap- 
propriation, premiums  credit- 
ed to 1483yyyy 

Same — Availability  of  and  pay- 
ments from 1483zz'zz 

Punishment     for     violation     of 

provisions  of  section 1483aaaaa 

Widows'  pensions 1498a-1498g 

Increase  in  rate  of : 1498a 

Restoration  of  widow  who  was 
dropped  on  remarriage  but 
has  again  become  a  widow, 
etc 1498b 

Same — Where  pension  after  sec- 
ond or  subsequent  marriage 
accrued  to  helpless  or  idiotic 
child 1498c 

Same — Extended  to  certain  wid- 
ows who  are  barred  under  ex- 
isting law  because  of  remar- 
riage, etc l|98d 

Pension  to  widows  married 
prior  to  June  27,  1905 1498e 

Same — Where  pension  has  been 
granted  to  helpless  or  idiotic 
children 149Sf 

Restrictions  as  to  fee  of  claim 
agents  under  provisions  of  act-  149Sg 

Rate  of  pensions  to  widows  of 
officers  or  enlisted  men  of 
Army,  etc.,  serving  in  Civil 
War,  etc 1498h 

Same — Pension  laws  not  affect- 
ed   1498i 


402  MILITARY  LAWS  OF  THE   UNITED  STATES,  1915. 

MILITARY   AND  NAVAL  INSURANCE. 

1483a.  Bureau  of  War  Risk  Insurance,,  Director^  salary. — There  is 
e5?tablishecl  in  the  Treasury  Department  a  Bureau  to  be  known  as  tlie 
Bureau  of  War  Risk  Insurance,  the  director  of  which  shall  receive 
a  salary  at  the  rate  of  $5,000  per  annum.  Sec.  1,  Act  of  Oct.  6,  1917 
{JtO  Stat.  398). 

1483b.  Divisions  of  Military  and  Naval  Insurance  and  Marine  <nid 
Seamen's  Insurance;  commissioners,  salary. — There  be  in  such  bu- 
reau a  Division  of  Marine  and  Seamen's  Insurance  and  a  Division 
of  Military  and  Naval  Insurance  in  charge  of  a  commissioner  of 
Marine  and  Seamen's  Insurance  and  a  commissioner  of  Military  and 
Naval  Insurance,  respectively,  each  of  whom  shall  receive  a  salary 
of  $4,000  per  annum.    Id. 

1483c.  Certain  sections  applicable  only  to  Division  of  Marine  and 
Seamen's  Insurance. — Sections  two  to  seven,  inclusive,  and  section 
nine,  shall  be  construed  to  refer  only  to  the  Division  of  Marine  and 
Seamen's  Insurance.    Sec.  2-12^  id. 

1483d.  General  powers  and  duties  of  director. — The  director,  sub- 
ject to  the  general  direction  of  the  Secretary  of  the  Treasury,  shall 
administer,  execute,  and  enforce  the  provisions  of  this  Act,  and  for 
that  purpose  have  full  power  and  authority  to  make  rules  and  regu- 
lations, not  inconsistent  with  the  provisions  of  this  Act,  necessary 
or  appropriate  to  carry  out  its  purposes,  and  shall  decide  all  ques- 
tions arising  under  the  Act,  except  as  otherwise  provided  in  sections 
five  and  four  hundred  and  five.     Sees.  2-13^  id..,  399. 

1483e.  Regulations  made  hy  director;  rules  respecting  procedure 
of  divisions;  compensation  of  claim  agents  and  attorneys;  proofs 
and  evidence^  etc. — ^Wherever  under  any  provision  or  provisions  of 
the  Act  regulations  are  directed  or  authorized  to  be  made,  such 
regulations,  unless  the  context  otherwise  requires,  shall  or  may  bo 
made  by  the  director,  subject  to  the  general  direction  of  the  Secretary 
o£»  the  Treasury.  The  director  shall  adopt  reasonable  and  proper 
rules  to  govern  the  procedure  of  the  divisions,  to  regulate  the  matter 
of  the  compensation,  if  any,  but  in  no  case  to  exceed  ten  per  centum, 
to  be  paid  to  claim  agents  and  attorneys  for  services  in  connection 
with  any  of  the  matters  provided  for  in  articles  two,  three,  and 
four,  and  to  regulate  and  provide  for  the  nature  and  extent  of  the 
proofs  and  evidence  and  the  method  of  taking  and  furnishing  the 
same  in  order  to  establish  the  right  to  benefits  of  allowance,  allot- 
ment, compensation,  or  insurance  provided  for  in  this  Act,  the  forms 
of  application  of  those  claiming  to  be  entitled  to  such  benefits,  (he 
method  of  making  investigations  and  medical  exnminations,  and  the 
manner  and  form  of  adjudications  and  awards.    Id, 


MILITARY  LAWS  OF  THE   UNITED  STATES,  1915.  403 

1483f.  Deputies^  assistants^  actuaries^  etc. — The  bureau  and  its 
divisions  shall  have  such  deputies,  assistants,  actuaries,  clerks,  and 
other  employees  as  may  be  from  time  to  time  provided  by  Congress. 
Sec,  2-U,  id. 

1483g.  Service  of  surgeons  of  Army  and  Navy. — The  bureau  shall, 
by  arrangement  with  the  Secretary  of  War  and  the  Secretary  of  the 
Navy,  respectively,  make  use  of  the  services  of  surgeons  in  the  Army 
imd  Navy.    Id. 

1483h.  Advisory  hoards  establishment^  powers^  duties^  and  com- 
pensation. — The  Secretary  of  the  Treasury  is  authorized  to  establish 
an  advisory  board  consisting  of  three  members  skilled  in  the  practice 
of  insurance  against  death  or  disability  for  the  purpose  of  assisting 
the  Division  of  Military  and  Naval  Insurance  in  fixing  premium 
rates  and  in  the  adjustment  of  claims  for  losses  under  the  contracts 
of  insurance  provided  for  in  article  four  and  in  adjusting  claims  for 
compensation  under  article  three;  compensation  for  the  persons  so 
appointed  to  be  determined  by  the  Secretary  of  the  Treasury,  but 
not  to  exceed  $20  a  day  each  while  actually  employed.    Id. 

1483i.  Suhpmnas.,  etc.,  for  witnesses^  etc.;  administration  of  oaths.- — 
For  the  purposes  of  this  Act,  the  director,  commissioners,  and  deputy 
commissioners  shall  have  power  to  issue  subpoenas  for  and  compel 
the  attendance  of  witnesses  within  a  radius  of  one  hundred  miles, 
to  require  the  production  of  books,  papers,  documents,  and  other 
evidence,  to  administer  oaths  and  to  examine  witnesses  upon  any 
matter  within  the  jurisdiction  of  the  bureau.    Sec.  2-15^  id. 

1483J.  Information  and  reports  of  officials^  etc.^  of  United  States 
and  States. — The  director  may  obtain  such  information  and  such  re- 
])orts  from  officials  and  employees  of  the  departments  of  the  Govern- 
ment of  the  United  States  and  of  the  States  as  may  be  agreed  upon 
b.v  the  heads  of  the  respective  departments.    Id. 

1438k.  Disohedience  to  subpoenas^  etc.^  contempt. — In  case  of  diso- 
bedience to  a  subpoena,  the  bureau  may  invoke  the  aid  of  any  district 
i'.ourt  of  the  United  States  in  requiring  the  attendance  and  testimony 
ol  witnesses  and  the  production  of  documentary  evidence,  and  such 
court,  within  the  jurisdiction  of  which  the  inquiry  is  carried  on,  may, 
in  case  of  contumacy  or  refusal  to  obey  a  subpoena  issued  to  any 
officer,  agent,  or  employee  of  any  corporation  or  other  person,  issue 
an  order  requiring  such  corporation  or  other  person  to  appear  before 
the  bureau,  or  to  give  evidence  touching  the  matter  in  question ;  and 
any  failure  to  obey  such  order  of  the  court  may  be  punished  by  such 
court  as  a  contempt  thereof.     Id. 

14831.  Same — Fees  and  mileage  of  witnesses. — Any  person  so  re- 
quired to  attend  as  a  witness  shall  be  allowed  and  paid  the  same  fees 
and  mileage  as  are  paid  witnesses  in  the  district  courts  of  the  United 
States.    Id, 


404  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

1483in.  Annual  estimate  of  appropriations  for  bureau. — The  di- 
rector shall  submit  annually  to  the  Secretary  of  the  Treasury  esti- 
mates of  the  appropriations  necessary  for  the  work  of  the  bureau. 
Sec.  2-16,  id.,  JfOO. 

1483n.  Appropriation  for  expenses. — For  the  purpose  of  carrying 
out  the  provisions  of  this  Act  there  is  hereby  appropriated,  out  of 
any  moneys  in  the  Treasury  not  otherwise  appropriated,  the  sum  of 
$100,000,  for  the  payment  of  all  expenses  incident  to  the  work  author- 
ized under  this  Act,  including  salaries  of  the  director  and  commis- 
sioners and  of  such  deputies,  assistants,  accountants,  experts,  clerks, 
and  other  employees  in  the  District  of  Columbia  or  elsewhere,  a^  the 
Secretary  of  the  Treasury  may  deem  necessary,  traveling  expanses, 
rent  and  equipment  of  offices,  typewriters  and  exchange  of  same, 
purchase  of  law  books  and  books  of  reference,  printing  and  binding 
to  be  done  at  the  Government  Printing  Office,  and  all  other  necessary 
expenses.    Id. 

1483o.  Application  of  civil  service  rules  to  employees,  exceptions.— 
With  the  exception  of  the  director,  the  commissioners,  and  such 
special  experts  as  the  Secretary  of  the  Treasury  may  from  time  to 
time  find  necessary  for  the  conduct  of  the  work  of  the  bureau,  all 
employees  of  the  bureau  shall  be  appointed  from  lists  of  eligibles 
to  be  supplied  by  the  Civil  Service  Commission  and  in  accordance 
with  the  civil-service  law.    Id. 

1483p.  Same — Fees,  allowances,  and  salaries  of. — Such  fees,  allow- 
ances, and  salaries  shall  be  the  same  as  are  paid  for  similar  services 
in  other  departments  of  the  Government.    Id. 

(For  the  ensuing  sections  of  this  act  see  paragraphs  712aa,  ante,  1483aaaa, 
14<S8yyyy,  14S3'A7.7.z,  post.) 

1483q.  Evidence  of  marriage  of  claimants. — For  the  purpose  of 

this  amendatory  Act  the  marriage  of  the  claimant  to  the  person  on 

account  of  whom  the  claim  is  made  shall  be  shown — 

(1)  By  a  duly  verified  copy  of  a  public  or  church  record;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  offici- 
ated; or 

(3)  By  the  testimony  of  two  or  more  eyewitnesses  to  the  cere- 
mony; or 

(4)  By  a  duly  verified  copy  of  the  church  record  of  baptism  of 
the  children;  or 

(5)  By  the  testimony  of  two  or  more  •  witnesses  wlio  know  that 
the  parties  lived  together  as  husband  and  wife,  and  were  recognized 
as  such,  and  who  shall  state  how  long,  within  their  knowledge,  such 
relation  continued.     Sec.  2-22,  id. 

1483r.  Same — Legal  marriage  according  to  law  of  domicile. — Mar- 
riages, except  such  as  are  mentioned  in  section  forty-seven  hundred 
and  five  of  the  Revised  Statutes,  shall  be  proven  in  compensation  or 


MILITARY   LAWS   OF    THE    UNITED   STATES,   1915.  405 

insurance  cases  to  be  legal  marriages  according  to  the  law  oi  the 
place  where  the  parties  resided  at  the  time  of  marriage  or  at  the 
time  when  the  right  to  compensation  or  insurance  accrued;  and  the 
open  and  notorious  illicit  cohabitation  of  a  widow  who  is  a  claimant 
shall  operate  to  terminate  her  right  to  compensation  or  insurance 
from  the  commencement  of  such  cohabitation.     Id.,  JfOl. 

1483s.  Presumption  of  marriage  in  connection  with  allotments  and 
family  allowances. — For  the  purpose  of  the  administration  of  Article 
II  ^  of  this  Act  marriage  shall  be  conclusively  presumed,  in  the 
absence  of  proof,  that  there  is  a  legal  spouse  living,  if  the  man  and 
woman  have  lived  together  in  the  openly  acknowledged  relation  of 
husband  and  wife  during  the  two  years  immediately  preceding  the 
date  of  the  declaration  of  war,  or  the  date  of  enlistment  or  of  en- 
trance into  or  employment  in  active  service  in  the  military  or  naval 
forces  of  the  United  States  if  subsequent  to  such  declaration.     Id. 

14831.  Child  defined.— On  Articles  II,  III,  and  IV  *  6i  this  Act 
unless  the  context  otherwise  requires — 

The  term  "  child  "  includes — 

(a)  A  legitimate  child. 

(b)  A  child  legally  adopted  more  than  six  months  before  the  enact- 
ment of  this  amendatory  Act  or  before  enlistment  or  entrance  into 
or  employment  in  active  service  in  the  military  or  naval  forces  of  the 
United  States,  whichever  of  these  dates  is  the  later. 

(c)  A  stepchild,  if  a  member  of  the  man's  household. 

(d)  An  illegitimate  child,  but,  as  to  the  father,  only,  if  acknowl- 
edged by  instrument  in  writing  signed  by  him,  or  if  he  has  been  judi- 
cially ordered  or  decreed  to  contribute  to  such  child's  support,  and 
if  such  child,  if  born  after  December  thirty-first,  nineteen  hundred 
and  seventeen,  shall  have  been  born  in  the  United  States,  or  in  its 
insular  possessions.    Id. 

1483ii.  Grandchild  defined. — The  term  "  grandchild  "  means  a  child 
as  above  defined  of  a  child  as  above  defined.    Id. 

1483v.  Age  limit  of  children  and  grandchildren.^  unless  perma- 
nently helpless. — Except  as  used  in  section  four  hundred  and  one 
and  in  section  four  hundred  and  two  the  terms  "  child  "  and  "  grand- 
child" are  limited  to  unmarried  persons  either  (a)  under  eighteen 
years  of  age,  or  (b)  of  any  age,  if  insane,  idiotic,  or  otherwise  per- 
manently helpless.    Id. 

1483w.  Parent  defined. — The  term  "parent"  includes  a  father, 
mother,  grandfather,  grandmother,  stepfather,  and  stepmother, 
either  of  the  person  in  the  service  or  of  the  spouse.    Id. 

1483x.  Brother  and  sister  defined. — The ^ terms  "brother"  and 
"  sister "  include  brothers  and  sisters  of  the  half  blood  as  well  as 

*  See  para,£rraphs  712b-712aa,  ante. 

'  See  paragraphs  712b-712aa,  ante,  paragraphs  1483kk-1483bbbb,  and  1483cccc- 
1483:iaaaa,  post. 


40jS  MILITARY  LAWS  OP  THE   UNITED  STATES,  1915. 

those  of  the  whole  blood,  stepbrothers  and  stepsisters,  and  brothers 
and  sisters  through  adoption.'    Id. 

1483y.  Commissioned  ofpcer  de-fined^  includes  warrant  officer. — 
The  term  "commissioned  officer"  includes  a  warrant  officer,  but  in- 
cludes only  an  officer  in  active  service  in  the  military  or  naval  forces 
of  the  United  States.    Id. 

1483z.  Man  and  erdisted  mxin  defined. — The  terms  "  man "  and 
"  enlisted  man  "  mean  a  person,  whether  male  or  female,  and  whether 
enlisted,  enrolled,  or  drafted  into  active  service  in  the  military  or 
naval  forces  of  the  United  States,  and  includes  noncommissioned 
and  petty  officers,  and  members  of  training  camps  authorized  by 
law.i    7^^ 

1483aa,  Enlistment  defined. — The  term  "  enlistment "  includes  vol- 
untary enlistment,  draft,  and  enrollment  in  active  service  in  the  mili- 
tary or  naval  forces  of  the  United  States.     Id. 

1483bb.  Commissioner  defined. — The  term  "  commissioner  "  means 
the  Commissioner  of  Military  and  Naval  Insurance.     Id. 

1483cc.     Injury   defined. — The   term   "injury"    includes   disease. 

Id.,  m- 

1483dd.  Pay  de-fined. — The  term  "  pay  "  means  the  pay  for  service 
in  the  United  States  according  to  grade  and  length  of  service,  ex- 
cluding all  allowances.    Id. 

1483ee.  Military  or  naval  forces  defined. — The  term  "military  or 
naval  forces ".  means  the  Army,  the  Navy,  the  Marine  Corps,  the 
Coast  Guard,  the  Naval  Reserves,  the  National  Naval  Volunteers, 
and  any  other  branch  of  the  United  States  service  while  serving  pur- 
suant to  law  with  the  Army  or  the  Navy.     Id. 

1843ff.  Payments  to  minors^  etc. — When,  by  the  terms  of  this 
amendatory  Act,  any  payment  is  to  be  made  to  a  minor,  other  than  a 
person  in  the  military  or  naval  forces  of  the  United  States,  or  to  a 
person  mentally  incompetent,  such  payment  shall  be  made  to  the  per- 
son who  is  constituted  guardian  or  curator  by  the  laws  of  the  State 
or  residence  of  claimant,  or  is  otherwise  legally  vested  with  responsi- 
bility or  care  of  the  claimant.^    Sec.  2-£S,  id. 

*  A  drafted  man,  according  to  the  presidential  rej?iilations,  is  inducted  into 
the  military  service  from  the  time  he  is  required  to  report  for  military  service. 
P'rom  that  moment  he  is  an  enlisted  man  within  tlie  definition  of  section  22  of 
the  war-risk  insurance  act  of  October  G,  1917  (40  Stat.,  808),  and  as  such 
becojnes  entitled  to  insurance  under  Article  IV  of  that  act  without  any  physical 
examination,  irrespective  of  whether  he  be  ill  or  diseased  or  otherwise  so  cir- 
cumstanced that  he  would  be  unable  to  procure  insurance  from  any  private 
insurance  company.     (Di??.  Opin.  J.  A.  G.,  February,  1918.) 

*  Whenever,  under  the  provisions  of  the. war  risk  insurance  act  of  October  6, 
1917  (40  Stat.  398),  an  allotment  is  made  to  a  minor,  whether  the  minor  be 
child,  brother,  sister,  or  other  relative  of  the  allotter.  the  allotter  must  desig- 
nate some  adult  person  to  whom  the  money  is  to  be  paid  for  the  minor.  It  is 
not  necessarv  that  a  legal  guardian  be  appointed  for  such  minor.  (Dig.  Opin. 
J.  A,  G.,  February,  1918.) 


MILITARY  LAWS  OF  THE   UNITED  STATES,  1015.  407 

1483gg.  Information^  etc.^  hy  hureau  to  persons  in  military  or 
naval  service. — The  Bureau  of  War  Risk  Insurance,  so  far  as  practi- 
cable, shall  upon  request  furnish  information  to  and  act  for  persons  in 
the  military  or  naval  service,  with  respect  to  any  contracts  of  insur- 
ance whether  with  the  Government  or  otherwise,  as  may  be  prescribed 
by  regulations.     Sec.  2-2^.^  id. 

1483hh.  Record  of  insurance  held  hy  officers  and  enlisted  m£n  of 
military  and  naval  service. — Said  bureau  may  upon  request  procure 
from  and  keep  a  record  of  the  amount  and  kind  of  insurance  held  by 
every  commissioned  and  appointive  officer  and  of  every  enlisted  man 
in  the  military  or  naval  service  of  the  United  States,  including  the 
name  and  principal  place  of  business  of  the  company,  society,  or  or- 
ganization in  which  such  insurance  is  held,  the  date  of  the  policy, 
amount  of  premium,  name  and  relationship  of  the  beneficiary,  and 
such  other  data  as  may  be  deemed  of  service  in  protecting  the  in- 
terests of  the  insured  and  beneficiaries.     Id. 

1483ii.  False  statements  in  claims  constitute  perjury^  punish- 
ment.— Whoever  in  any  claim  for  family  allowance,  compensation, 
or  insurance,  or  in  any  document  required  by  this  Act  or  by  regula- 
tion made  under  this  Act,  makes  any  statement  of  a  material  fact 
knowing  it  to  be  false,  shall  be  guilty  of  perjury  and  shall  be  pun- 
ished by  a  fine  of  not  more  than  $5,000,  or  by  imprisonment  for  not 
more  than  two  years,  or  both.    Sec.  2-25^  id. 

1483JJ.  Fraudulent  acceptance  of  payments  under  act.,  punish- 
ment.— If  any  person  entitled  to  payment  of  family  allowance  or  com- 
pensation under  this  Act,  whose  right  to  such  payment  under  this  Act 
ceases  upon  the  happening  of  any  contingency,  thereafter  fraudu- 
lently accepts  any  such  payment,  he  shall  be  punished  by  a  fine  of  not 
more  than  $2,000,  or  by  imprisonment  for  not  more  than  one  year, 
or  both.     Id. 

(For  Article  IT  of  this  act  dealing  with  allotments  and  family  allowances  see 
paragraphs  712b-712aa,  ante.) 

COMPENSATION    FOR    DEATH    OR    DISABILITY. 

1483kk.  Payahle^  to  whom. — For  death  or  disability  resulting  from 
personal  injury  suffered  or  disease  contracted  in  the  line  of  duty,  by 
any  commissioned  officer  or  enlisted  man  or  by  any  member  of  the 
Army  Nurse  Corps  (female)  or  of  the  Navy  Nurse  Corps  (female) 
when  employed  in  the  active  service  under  the  War  Department  or 
Xa\  y  Department,  the  United  States  shall  pay  compensation  as  here- 
inafter provided;  but  no  compensation  shall  be  paid  if  the  injury  or 


408  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

disease  has  been  caused  by  his  own  willful  misconduct.*     Sec.  2-300^ 
id.,  Jf06. 

*  Decisions  or  the  Director  of  the  Bureau  of  War-Risk  Insurance. 

PERSONS    ENTITED    TO    WAR-RISK    INSURANCE   AND    OTHER    BENEFITS    OF    THE    ACT    OF 

OCTOBER    6,    1917. 

(1)  Field  clerks,  Quartermaster  Corps. — Field  clerks,  Quartermaster  Corps, 
are  within  the  terms  of  the  act  as  enlisted  men. 

(2)  Army  field  clerks. — Army  field  clerks  have  the  same  military  status  as 
field  clerks,  Quartermaster  Corps,  and  are  within  the  terms  of  the  act  as 
enlisted  men. 

(3)  Members  of  training  camps. — Members  of  training  camps  authorized  by 
law  are  within  the  terms  of  the  act. 

(4)  Students  in  aviation  camps. — Students  in  aviation  camps  who  are 
enlisted  men  are  within  the  terms  of  the  act. 

(5)  Medical  officers,  Public  Health  Service. — Officers  of  the  Public  Health 
Service  when  detailed  for  duty  with  the  Army  or  Navy  are  within  the  terms 
of  the  act  as  officers  in  the  active  service  of  the  United  States.  (See  T.  D. 
8,  W.  R.  (8),  as  to  "contract  surgeons.") 

(6)  Male  nurses,  enlisted. — Male  nurses  who  are  enlisted  men  of  the  Medical 
Department  are  within  the  terms  of  the  act.  (But  see  T.  D.  8,  W.  R.  (9),  as 
to- civilians  employed  as  "contract  nurses.") 

(7)  Retired  officers  or  men  ordered  to  active  duty. — Officers  and  men  on  the 
retired  list  who  are  ordered  to  active  duty  by  the  War  Department  or  Navy 
Department  are  in  active  service  and  are  within  the  terms  of  the  act. 

(8)  Personnel  of  Lighthouse  Service. — The  personnel  of  the  Lighthouse  Serv- 
ice, transferred  to  the  service  and  jurisdiction  of  the  War  and  Navy  Depart- 
ments by  Executive  order  pursuant  to  the  act  of  August  29,  1916,  are  within 
the  terms  of  the  act  of  October  6,  1917. 

PERSONS  NOT  ENTITI^D  TO  THE  BENEl'ITS  OF  THE  ACT  OF  OCTOBER   6,    1917. 

(1)  Cadets  at  West  Point  and  midshipmen  at  Annapolis. — Cadets  at  AVest 
Point,  and  midshipmen  at  Annapolis  who  are  not  assigned  to  active  service  are 
not  within  th6  terms  of  the  act. 

(2)  Cadets  and  cadet  engineers.  Coast  Guard. — Cadets  at  the  Coast  Guard 
Academy  and  cadet  engineers  in  the  Coast  Guard  who  are  not  assigned  to 
active  service  are  not  within  the  terms  of  the  act. 

(3)  Russian  Raihcay  Service  Corps. — Men  in  the  Russian  Railway  Service 
Corps  are  not  within  the  terms  of  the  act. 

(4)  Draftsmen  in  Engineer  Corps. — Draftsmen  in  the  Engineer  Corps  are 
civilian  employees  in  the  Military  Establishment  obtained  by  the  department 
through  the  civil  service  and  are  not  within  the  terms  of  the  act. 

(5)  Field  clerks,  Engineer  Corps. — The  so-called  field  clerks  in  tlie  Engineer 
Corps  are  civilian  employees  who  have  no  military  status.  They  are  not  within 
the  terms  of  the  act. 

(6)  Civilian  field  clerks.  Signal  Corps. — Civilian  field  clerks,  Signal  Corps, 
are  civilian  employees  in  the  Military  Establishment  and  are  not  within  the 
terms  of  the  act. 

(7)  Postal  agents  serving  in  France. — Postal  agents  sent  to  France  by  the 
Post  Office  Department  to  handle  field  mail  for  the  troops  are  civilian  employees 
and  are  not  within  the  terms  of  the  act. 

(8)  Contract  surgeons. — Contract  surgeons  are  civilians  under  employment 
by  the  United  States  by  contract  for  their  personal  services  as  medical  attend- 
ants to  the  troops  and  are  not  within  the  terms  of  the  act.  (See  T.  D.  7,  W.  R. 
(5),  as  to  medical  officers.  Public  Health  Service.) 

(9)  Contract  nurses. — Civilians  employed  as  "contract  nurses"  in  the  Army 
or  Navy  are  not  within  the  terms  of  the  act.  (But  see  T.  D.  7,  W.  R.  (6  k  as 
to  enlisted  male  nurses.) 

(33  Treas.  Dec.  65-67,  T.  D.  7,  W.  R.  T.  D.  8,  W.  R.,  Dec.  12,  1917;  War  Dept. 
Bull.  75,  Dec.  31,  1917.) 

148311.  Compensation  for  death,  amounts  payable  to  wldoiv  and 
children. — If  death  results  from  injury — 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  409 

If  the  deceased  leaves  a  widow  or  child,  or  if  he  leaves  a  widowed 
mother  dependent  upon  him  for  support,  the  monthly  compensation 
shall  be  the  following  amounts: 

(a)  For  a  widow  alone,  $25. 

(b)  For  a  widow  and  one  child,  $35. 

(c)  For  a  widow  and  two  children,  $47.50,  with  $5  for  each  addi- 
tional child  up  to  two. 

(d)  If  there  be  no  widow,  then  for  one  child,  $20. 

(e)  For  two  children,  $30. 

(f )  For  three  children,  $40,  with  $5  for  each  additional  child  up  to 
two.     ^ec.  2-301,  id. 

1483mm.  Same — Amount  payable  to  widowed  mx)ther. — For  a 
widowed  mother,  $20.  The  amount  payable  under  this  subdivision 
shall  not  be  greater  than  a  sum  which,  when  added  to  the  total 
amount  payable  to  the  widow  and  children,  does  not  exceed  $75.     Id. 

1483nn.  Same — Compensation  for  death  of  hut  one  child  in  absence 
of  compensation  for  death  of  husband. — This  compensation  shall  be 
payable  for  the  death  of  but  one  child,  and  no  compensation  for  the 
death  of  a  child  shall  be  payable  if  such  widowed  mother  is  in  re- 
ceipt of  compensation  under  the  provisions  of  this  article  for  the 
death  of  her  husband.     Id. 

148300.  Same — Right  of  widowed  mother  not  dependent  on  date  of 
vndowhood  and  date  of  death,  etc. — Such  compensation  shall  be  pay- 
able w^hether  her  widowhood  arises  before  or  after  the  death  of  the 
person  and  whenever  her  condition  is  such  that  if  the  person  were 
living  the  widowed  mother  would  have  been  dependent  upon  him 
for  support.     Id. 

1483pp.  Burial  expenses,  etc.^  in  case  of  death  prior  to  discharge  or 
resignation. — If  the  death  occur  before  discharge  or  resignation  from 
service,  the  United  States  shall  pay  for  burial  expenses  and  the 
1  etum  of  body  to  his  home  a  sum  not  to  exceed  $100,  as  may  be  fixed 
by  regulations.    Id, 

1483qq.  Duration  of  compensation  to  widow  or  widowed  mother. — 
The  payment  of  compensation  to  a  widow  or  widowed  mother  shall 
continue  until  her  death  or  remarriage.     Id. 

1483rr.  Duration  of  compensation  to  child. — The  payment  of  com- 
pensation to  or  for  a  child  shall  continue  until  such  child  reaches  the 
age  of  eighteen  years  or  marries,  or  if  such  child  be  incapable,  be- 
cause of  insanity,  idiocy,  or  being  otherwise  permanently  helpless, 
then  during  such  incapacity.     Id. 

1483ss.  Compensation  to  remaining  beneficiaries  where  payment 
has  ceased  to  some  of  the  beneficiaries. — ^Whenever  the  compensation 
payable  to  or  for  the  benefit  of  any  person  under  the  provisions  of 
this  section  is  terminated  by  the  happening  of  the  contingency  upon 


410  MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

which  it  is  limited,  the  compensation  thereafter  for  the  remaining 
beneficiary  or  beneficiaries,  if  any,  shall  be  the  amount  which  would 
have  been  payable  to  them  if  they  had  been  the  sole  original  benefi- 
ciaries.   Id. 

1483tt.  Apportionment  of  compensation  between  widow  and  chil- 
dren not  in  her  custody^  etc. — As  between  the  widow  and  the  children 
not  in  her  custody,  and  as  between  children,  the  amount  of  the 
compensation  shall  be  apportioned  as  may  be  prescribed  by  regula- 
tions.    Id. 

1483uTi.  Restriction  as  to  tiTne  of  m^arriage,  subsequent  to  receipt  of 
injury. — The  word  "  widow  "  as  used  in  this  section  shall  not  inclinie 
one  who  shall  have  married  the  deceased  later  than  ten  years  after 
the  time  of  injury.    /</.,  Jt06. 

1483vv.  Compensation  for  disability^  amounts. — ^If  disability  re- 
sults from  the  injury — 

If  and  while  the  disability  is  total,  the  monthly  compensation  shall 
be  the  following  amounts: 

(a)  If  he  has  neither  wife  nor  child  living,  $30. 

(b)  If  he  has  a  wife  but  no  child  living,  $45. 

(c)  If  he  has  a  wife  and  one  child  living,  $55. 

(d)  If  he  has  a  wife  and  two  children  living,  $G5. 

(e)  If  he  has  a  wife  and  three  or  more  children  living,  $75. 

(f )  If  he  has  no  wife  but  one  child  living,  $40,  with  $10  for  each 
additional  child  up  to  two. 

(g)  If  he  has  a  widowed  mother  dependent  on  him  for  support, 
then,  in  addition  to  the  above  amounts,  $10.    Sec.  2—302^  id. 

1483ww.  Same — Nurse  or  attendant  where  totally  disabled. — To  an 
injured  person  who  is  totally  disabled  and  in  addition  so  helpless  as 
to  be  in  constant  need  of  a  nurse  or  attendant,  such  additional  sum 
shall  be  paid,  but  not  exceeding  $20  per  month,  as  the  director  may 
deem  reasonable.    Id. 

1483xx.  Same — Maximum  compensation  for  loss  of  both  feet., 
hands.,  or  eyes. — For  the  loss  of  both  feet  or  both  hands  or  both  eyes, 
or  for  becoming  totally  blind  or  helpless  and  permanently  bedridden 
from  causes  occurring  in  the  line  of  duty  in  the  service  of  the  United 
States,  the  rate  of  compensation  shall  be  $100  per  month :  Provided 
further.,  That  no  allowance  shall  be  made  for  nurse  or  attendant.    Id. 

1483yy.  C ompensation  for  partial  disability  to  be  percentage  of 
that  for  total  disability. — If  and  while  the  disability  is  partial,  the 
monthly  compensation  shall  be  a  percentage  of  the  compensation  that 
would  be  payable  for  his  total  disability,  equal  to  the  degree  of  the 
reduction  in  earning  capacity  resulting  from  the  disability,  but  no 
compensation  shall  be  payable  for  a  reduction  in  earning  capacity 
rated  at  less  than  ten  per  centum.    Id, 


MILITARY  LAWS   OF   THE   UNITED  STATESj   1015.  411 

1483zz.  Adoption  of  schedule  of  ratings  of  reduced  earning  capacity 
for  permanent  injuries^  maximum  rating. — A  schedule  of  ratings  of 
reductions  in  earning  capacity  from  specific  injuries  or  combinations 
of  injuries  of  a  permanent  nature  shall  be  adopted  and  applied  by 
the  bureau.    Ratinpfs  may  be  as  high  as  one  hundred  per  centum.    Id, 

1483aaa.  Same — Basis  of  ratings,  revision  of  schedule. — The  ratings 
ihall  be  based,  as  far  as  practicable,  upon  the  average  impairments 
of  earning  capacity  resulting  from  such  injuries  in  civil  occupations 
and  not  upon  the  impairment  in  earning  capacity  in  each  individual 
case,  so  that  there  shall  be  no  reduction  in  the  rate  of  compensation 
for  individual  success  in  overcoming  the  handicap  of  a  permanent 
injury.  The  bureau  shall  from  time  to  time  readjust  this  schedule 
of  ratings  in  accordance  with  actual  experience.    Id. 

1483bbb.  Medical,  surgical,  and  hospital  services  and  suppliesj 
etc. — In  addition  to  the  compensation  above  provided,  the  injured 
person  shall  be  furnished  by  the  United  States  such  reasonable 
governmental  medical,  surgical,  and  hospital  services  and  with  such 
supplies,  including  artificial  limbs,  trusses,  and  similar  appliances,  as 
the  director  may  determine  to  be  useful  and  reasonably  neces- 
sary.    Id. 

1483ccc.  Same — Military  or  naval  control  prior  to  discharge. — 
Nothing  in  this  Act  shall  be  construed  to  affect  the  necessary  military 
control  over  any  member  of  the  military  or  naval  establishments 
before  he  shall  have  been  discharged  from  the  military  or  naval 
service.     Id. 

1483ddd.  Amount  of  monthly  compensation  dependent  on  existing 
conditions. — The  amount  of  each  monthly  payment  shall  be  deter- 
mined according  to  the  family  conditions  then  existing.    Id, 

1483eee.  Examination  of  persons  receiving  compensation. — Every 
person  applying  for  or  in  receipt  of  compensation  for  disability 
under  the  provisions  of  this  article  shall,  as  frequently  and  at  such 
times  and  places  as  may  be  reasonably  required,  submit  himself  to 
examination  by  a  medical  officer  of  the  United  States  or  by  a  duly 
qualified  physician  designated  or  approved  by  the  director.  Sec, 
'2-303,  id. 

1483fff.  Same — Personal  physician  may  participate  iii. — He  may 
have  a  duly  qualified  physician  designated  and  paid  by  him  present 
to  participate  in  such  examination.     Id. 

1483ggg.  Same — Traveling  and  other  expenses,  etc.,  in  connection 
with. — For  all  examinations  he  shall,  in  the  discretion  of  the  director, 
be  paid  his  reasonable  traveling  and  other  expenses  and  also^loss  of 
wages  incurred  in  order  to  submit  to  such  examination.     Id. 

1483hhh.  Same — Refusal  to  submit  to,  etc. — If  he  refuses  to  submit 
himself  for,  or  in  any  way  obstructs,  any  examination,  his  right  to 


414  MILITAKY  LAWS  OP  THE   UNITED  STATES,  1915. 

dependents,  except  in  so  far  as  rights  under  any  such  law  shall  have 
heretofore  accrued.*    Id, 

1483XXX.  Compensation  for  death  or  disability  of  members  of 
Army  or  Nai^y  Nurse  Corps  in  lieu  of  compensation  proinded  by  Act 
of  September  7, 10 16. — Compensation  because  of  disability  or  death  of 
members  of  the  Army  Nurse  Corps  (female)  or  of  the  Navy  Nurse 
Corps  (female)  shall  be  in  lieu  of  any  compensation  for  such  dis- 
ability or  death  under  the  Act  entitled  "An  Act  to  provide  com- 
[jensation  for  employees  of  the  United  States  suffering  injuries  while 
in  the  performance  of  their  duties,  and  for  other  purposes,"  approved 
September  seventh,  nineteen  hundred  and  sixteen.^    Id. 

1483yyy.  Assignment  to  United  States  by  persons  receiving  com- 
pensation of  right  of  action  against  third  person  for  injury  causing 
death  or  disability. — If  an  injury  or  death  for  which  compensation  is 
payable  under  this  amendatory  Act  is  caused  under  circumstances 
creating  a  legal  liability  upon  some  person  other  than  the  United 
States  or  the  enemy  to  pay  damages  therefor,  the  director,  as  a  con- 
dition to  payment  of  compensation  by  the  United  States,  shall 
require  the  beneficiary  to  assign  to  the  United  States  any  right  of 
action  he  may  have  to  enforce  such  liability  of  such  other  person  or 
any  right  which  he  may  have  to  share  in  any  money  or  other  prop- 
erty received  in  satisfaction  of  such  liability  of  such  other  person. 
Sec.  2-313,  id. 

1483ZZZ.  Same — Settlement  of  action  so  assigned  and  disposition  of 
proceeds. — The  cause  of  action  so  assigned  to  the  United  States  may 
be  prosecuted  or  compromised  by  the  director  and  any  money  real- 
ized thereon  sliall  be  placed  to  the  credit  of  the  compensation 
fund.     Id. 

(For  the  ensuing  section  of  this  act  see  paragraphs  1498h,  1498i,  14S3bbI>b, 
post ) . 

1483aaaa.  Military  and  naval  compensation  appropriation,  pay- 
ments  from. — There  is  hereby  appropriated,  from  any  money  in 
the  Treasury  not  otherwise  appropriated,  the  sum  of  $12,150,000, 
to  be  known  as  the  military  and  naval  compensation  appropriation, 
for  the  payment  of  the  compensation,  funeral  expenses,  services,  and 
supplies  provided  by  Article  III.*    Payments  out  of  this  appropria- 

*  See  paragraphs  lOG".  and  1002,  ante. 

No  right  to  a  pension  has  accri:e(i  to  the  wife  of  a  Spanish  War  veteran 
now  ill  the  service.  Section  312  of  the  vvar-risl^  insurance  act  of  (>ctol)er  6, 
1917,  provides  tlwni  exiJ^ting  pension  laws  shall  not  he  ai>plicahle  to  persons 
now  in  the  service  or  to  their  wives,  cliildren,  or  dependents,  jind,  accordingly, 
prevents  the  accrual  in  the  future  of  any  such  right  to  a  pension.  (Dig.  Opin. 
J.  A.  G.,' January,  1918.) 

The  act  of  May  11,  1908,  as  amended  by  the  act  of  March  3,  1909,  in  so  fnr  as 
it  grants  a  gratuity  to  designatetl  persons  upon  the  death  of  a  commissioned 
officer  or  enlisted  mnn,  lias  l>een  repealetl  by  section  312  of  the  war-rislc  insur- 
ance act  of  October  6,  1917.     (Dig.  Opin.  J.  A,  G.,  March,  1918.) 

•See  paragraphs  66a-GGlll,  ante. 

•See  paragraphs  14831vl£-1483zzz,  ante. 


415 

tion  shall  be  made  upon  and  in  accordance  with  awards  by  the 

director.    Sec.  2-19,  id.,  iOO. 

(For  the  provision  of  this  act  imrnedintely  preceding  this  pnrapraph  see 
pnra.jri-nph  71 2a a,  ante,  and  for  the  ensuing  provision  see  paragraplis  14S3yyyy, 
14S3ZZZZ,  post.) 

1483bbbb.  Commissioner  of  Pensions  to  administer  provisions  of 
section. — The  provisions  of  this  section  shall  be  administered,  ex- 
ecuted, and  enforced  by  the  Commissioner  of  Pensions.  Sec.  HSH^ 
id.,  Jf08' 

(For  the  provisions  of  this  act  immediately  preceding  this  paragraph  see 
paragraphs  1498h,   1498i,  post.) 

INSUKANCB. 

1483CCCC.  Persons  entitled  to  and  amount  of  insurance. — In  order 
to  give  to  every  commissioned  officer  and  enlisted  man  and  to  every 
member  of  the  Army  Nurse  Corps  (female)  and  of  the  Navy  Nurse 
Corps  (female)  when  employed  in  active  service  under  the  War 
Department  or  Navy  Department  greater  protection  for  themselves 
and  their  dependents  than  is  provided  in  Article  III/  the  United 
States,  upon  application  to  the  bureau  and  without  medical  examina- 
tion, shall  grant  insurance  against  the  death  or  total  permanent  dis- 
ability of  any  such  person  in  any  multiple  of  $500,  and  not  less  than 
$1,000  or  more  than  $10,000,  upon  the  payment  of  the  premiums  as 
hereinafter  provided.*  Sec.  2-^.00,  id.,  IfiO, 

*  See  paragraph  14831vk-1483bbbb,  ante. 

^Decisions  of  the  Dieector  of  the  Bokeait  of  War-Risk  Insurance, 
persons  entitled  to  war-risk  insurance,  and  other  benefits  of  the  act  op 

OCTOBER    6,    1917. 

(1)  Field  clerJxS,  Quartermaster  Corps. — Field  clerta,  Quartermaster  Corps, 
are  witliin  the  terms  of  the  act  as  enlisted  men. 

(2)  Army  field  clerks. — Army  field  clerics  have  the  same  military  status  as 
field  clerks,  Quartermaster  Corps,  and  are  within  the  terms  of  tlie  act  as  en- 
listed men. 

(3)  Hem  hers  of  trnining  camps. — Members  of  training  camps  authorized  by- 
law are  within  the  terms  of  the  act. 

(4)  Students  in  aviation  camps. — Students  in  aviation  camps  who  are  en- 
listed men  are  witldn  the  terms  of  the  act. 

(5)  Medical  officers,  Public  Health  Service. — Offlcers  of  the  Public  Health 
Service  when  detailed  for  duty  with  the  Army  or  Navy  are  within  the  terms 
of  the  act  as  oflicers  in  the  active  service  of  the  United  States.  (See  T.  D.  8, 
W.  R.  (8),  as  to  "contract  surgeons.") 

(G)  Male  )iurscs,  enlisted. — Male  nurses  who  are  enlisted  men  of  the  Medical 
Department  are  within  the  terms  of  the  act.  (But  see  T.  D.  8,  W.  R.  (9),  as 
to  civilians  employed  as  "contract  nurses.") 

(7)  Retired  officers  or  men  ordered  to  active  duty. — OfTicers  and  men  on  the 
retired  list  who  are  ordered  to  active  duty  by- the  War  Department  or  Navy  De- 
partment are  in  active  service  and  are  within  the  terms  of  the  act. 

(8)  Personnel  of  Lighthouse  Service. — The  personnel  of  the  I-igiithouse  Serv- 
ice, transferred  to  the  service  and  jurisdiction  of  the  War  and  Navy  Depart- 


416  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

1483dddd.  Application  for  insurance^  time  of  making. — Such  insur- 
ance must  be  applied  for  within  one  hundred  and  twenty  days  after 
enlistment  or  after  entrance  into  or  employment  in  the  active  service 
and  before  discharge  or  resignation,  except  that  those  persons  who 
are  in  the  active  war  service  at  the  time  of  the  publication  of  the 
terms  and  conditions  of  such  contract  of  insurance  may  apply  at 
any  time  within  one  hundred  and  twenty  days  thereafter  and  while 
in  such  service.^     Sec.  2-JfOl^  id, 

1483eeee.  Persons  deemed  to  have  applied  for  insurance  in  certain 
a^nount. — Any  person  in  the  active  service  on  or  after  the  sixth  day 
of  April,  nineteen  hundred  and  seventeen,  who,  while  in  such  service 
and  before  the  expiration  of  one  hundred  and  twenty  days  from  and 
after  such  publication,  becomes  or  has  become  totally  and  perma- 
nently disabled  or  dies,  or  has  died,  without  having  applied  for 
insurance,  shall  be  deemed  to  have  applied  for  and  to  have  been 
granted  insurance,  payable  to  such  person  during  his  life  in  monthly 
installments  of  $25  each.     Id, 

ments  by  Executive  Order  pursuant  to  the  act  of  August  29,  1916,  are  within  tlie 
terms  of  the  act  of  October  6,  1917. 

PERSONS  NOT  ENTITIJID  TO  THE  BENEFITS  OF  THE  ACT  OF  OCTOBER   6,    1917. 

(1)  Cadets  at  West  Point  and  Midshipmen  at  Annapolis. — Cadets  at  West 
Point  and  midshipmen  at  Annapolis  who  are  not  assigned  to  active  service  are 
not  within  the  terms  of  the  act. 

(2)  Cadets  and  cadet  engineers.  Coast  Guard. — Cadets  at  the  Coast  Guard 
Academy  and  cadet  engineers  in  the  Coast  Guard  who  are  not  assigned  to  active 
service  are  not  within  the  terms  of  the  act. 

(3)  Russian  Railway  Service  Corps. — Men  in  the  Russian  Railway  Service 
Corps  are  not  within  the  terms  of  the  act. 

(4)  Draftsmen  in  Engineer  Corp.s.  -  Draftsmen  in  the  Engineer  Corps  are 
civilian  employees  in  the  Military  Establishment  obtained  by  the  department 
through  the  civil  service  and  are  not  within  the  terms  of  the  act. 

(5)  Field  clerks.  Engineer  Coi'ps. — The  so-called  field  clerks  in  the  Engineer 
Corps  are  civilian  employees  who  have  no  military  status.  They  are  not  within 
the  terms  of  the  act. 

(6)  Civilian  field  clerks,  Signal  Corps.— Civilian  field  clerks,  Signal  Corps, 
are  civilian  employees  in  the  Military  Establishment  and  are  not  within  the 
terms  of  the  act. 

(7)  Postal  agents  serving  in  France. — Postal  agents  sent  to  France  by  the 
Post  Office  Department  to  handle  field  mail  for  the  troops  are  civilian  employees 
and  are  not  within  the  terms  of  the  act. 

(8)  Contract  surgeons. — Contract  surgeons  are  civilians  under  employment 
by  the  United  States  by  contract  for  their  personal  services  as  medical  attend- 
ants to  the  troops  and  are  not  within  the  terms  of  the  act.  (See  T.  D.  7, 
W.  It.  (5),  as  to  medical  officers,  Public  Health  Service.) 

(9)  Contract  nurses. — Civilians  employed  as  "  contract  nurses  "  in  the  Army 
or  Navy  are  not  within  the  terms  of  the  act.  (But  see  T.  D.  7,  W.  R.  (6),  as 
to  enlisted  male  nurses.) 

(33  Treas.  Dec.  G.5-67,  T.  D.  7,  W.  R.  T.  D.  8,  W.  R.,  Dec.  12,  1917;  War 
Dept.  Bull.  75,  Dec.  31,  1917.) 

\Vhere  a  man  guilty  of  fraudulent  enlistment  by  reason  of  concealment  of 
niinority  has  been  discharged  on  account  of  the  fraudulent  enlistment,  all  rights 
wliich  he  acquired  by  reason  of  such  fraudulent  enlistment  are  voided.  Conse- 
quently, the  Government  is  entitled  to  cancel  all  war-risk  insurance  applied 
for  by  and  granted  to  such  man  under  the  act  of  October  6,  1917  (40  Stat.  898), 
while  he  was  in  the  service.     (Dig.  Opin.  J.  A.  G.,  February,  1918.) 

^  In  forwarding  applications  for  family  allowances  and  for  insurance,  oflTicers 
may  use  penalty  envelopes ;  but  these  may  not  be  registered  without  payment  of 
liio  registration  fee.     (War  Dept.  Bull.  75,  Dec.  81,  1917.) 


417 

1483ffff.  Same — Payment  to  widow,  child,  or  widowed  mother.^ 
Tf  lie  shall  die  either  before  he  shall  have  received  any  such  monthly 
installments  or  before  he  shall  have  received  two  hundred  and  foity 
of  such  monthly  installments,  then  $25  per  month  shall  be  paid  to 
his  wife  from  the  time  of  his  death  and  during  her  widowhood,  or 
to  his  child,  or  widowed  mother  if  and  while  they  survive  him.     Id, 

1483gggg.  Sam^ — Total  paymerits  not  to  exceed  2J^0  monthly  in- 
fitallments,  apportionment  of. — Not  more  than  two  hundred  and  forty 
of  such  monthly  installments,  including  those  received  by  such  per- 
son during  his  total  and  permanent  disability,  shall  be  so  paid ;  and 
in  that  event  the  amount  of  the  monthly  installments  shall  be  appor- 
tioned between  them  as  may  be  provided  by  regulations.     Id. 

1483hhhh.  Terms  and  conditions  of  insurance  contracts,  publica- 
tio7i  of. — The  director,  subject  to  the  general  direction  of  the  Secre- 
tary of  the  Treasury,  shall  promptly  determine  upon  and  publish  the 
full  and  exact  terms  and  conditions  of  such  contract  of  insurance. 
Sec.  2-Jfi2,  id. 

1483iiii.  Insurance  not  assignable  or  subject  to  claims  of  cred- 
itors.— ^The  insurance  shall  not  be  assignable,  and  shall  not  be  sub- 
ject to  the  claims  of  creditors  of  the  insured  or  of  the  beneficiary. 
Id, 

1483jjjj.  Same — To  whom  payable. — It  shall  be  payable  only  to  a 
spouse,  child,  grandchild,  parent,  brother  or  sister,  and  also  during 
total  and  permanent  disability  to  the  injured  person,  or  to  any  or 
all  of  them.     Id. 

1483kkkk.  Sam^ — Payment  in  installments. — The  insurance  shall 
be  payable  in  two  hundred  and  forty  equal  monthly  installments.    Id. 

14831111.  Provision  for  matumty,  continuous  installments,  cash, 
loan,  paid-up  values,  etc. — Provisions  for  maturity  at  certain  ages, 
for  continuous  installments  during  the  life  of  the  insured  or  bene- 
ficiaries, or  both,  for  cash,  loan,  paid-up  and  extended  values,  divi- 
dends from  gains  and  savings,  and  such  other  provisions  for  the 
protection  and  advantage  of  and  for  alternative  benefits  to  the 
insured  and  the  beneficiaries  as  may  be  found  to  be  reasonable  and 
practicable,  may  be  provided  for  in  the  contract  of  insurance,  or  from 
time  to  time  by  regulations.     Id. 

1483inmmin.  Calculations  based  upon  American  Experience  Table 
of  Motality. — All  calculations  shall  be  based  upon  the  American 
Experience  Table  of  Mortality  and  interest  at  three  and  one-half  ]:)er 
centum  per  annum,  except  that  no  deduction  shall  be  made  for  con- 
tinuous installments  during  the  life  of  the  insured  in  case  his  total 
and  permanent  disability  continues  more  than  two  hundred  and  forty 
months.     Id. 

54208°— IS 27 


418  MILITAKY   LAWS   OP   THE   UNITED  STATES.  1915. 


1483niiniL  Change  of  beneficiaries. — Subject  to  regulations,  the  in- 
sured shall  at  all  times  have  the  right  to  change  the  beneficiary  or 
beneficiaries  of  such  insurance  without  the  consent  of  such  bene- 
ficiary or  beneficiaries,  but  only  within  the  classes  herein  pro- 
vided.^   Id, 

14830000.  Payment  where  no  beneficiary  is  named. — If  no  bene- 
ficiary within  the  permitted  class  be  designated  by  the  insured,  either 
in  his  lifetime  or  by  his  last  will  and  testament,  or  if  the  designated 
beneficiary  does  not  survive  the  insured,  the  insurance  shall  be  pay- 
able to  such  person  or  persons,  within  the  permitted  class  of  bene- 
ficiaries as  would  under  the  laws  of  the  State  of  the  residence  of  the 
insured,  be  entitled  to  his  personal  property  in  case  of  intestacy. 
Id.,  410. 

1483pppp.  Sam£ — Cash  payment  to  estate  where  beneficiary  does 
not  survive.,  etc. — If  no  such  person  survive  the  insured,  then  there 
shall  be  paid  to  the  estate  of  the  insured  an  amount  equal  to  the 
reserve  value,  if  any,  of  the  insurance  at  the  time  of  his  death,  cal- 
culated on  the  basis  of  the  American  Experience  Table  of  Mortality 
and  three  and  one-half  per  centum  interest  in  full  of  all  obligations 
under  the  contract  of  insurance.     Id. 

1483qqqq.  Expense  of  administration  and  excess  mortality  and  dis- 
ability cost  due  to  war  hazards  borne  by  United  States. — The  United 
States  shall  bear  the  expenses  of  administration  and  the  excess 
mortality  and  disability  cost  resulting  from  the  hazards  of  war. 
Sec.  2-!tOS,  id. 

1483rrrr.  Premium  rates. — The  premium  rates  shall  be  the  net  rates 
based  upon  the  American  Experience  Table  of  Mortality  and  interest 
at  three  and  one-half  per  centum  per  annum.    Id. 

1483SSSS.  Form  of  insurance. — During  the  period  of  war  and  there- 
after until  converted  the  insurance  shall  be  term  insurance  for  suc- 
cessive terms  of  one  year  each.     Sec.  2-IfOJt,  id. 

1483tttt.  Same — Conversion  of  term  insurance  into  other  forms. — 
Not  later  than  five  years  after  the  date  of  the  termination  of  the 
war  as  declared  by  proclamation  of  the  President  of  the  United 
States,  the  term  insurance  shall  be  converted,  without  medical  ex- 
amination, into  such  form  or  forms  of  insurance  as  may  be  pre- 
scribed by  regulations  and  as  the  insured  may  request.     Id. 

*A  subject  of  Oerniatiy.  and  a  suhje(  t  of  Austria,  now  onlisted  in  the  military 
service  of  the  United  States,  may  name  as  lieneficiaries  under  tlie  war-risk 
insurance  act  (40  Stat.  808,  400)  persons  witliin  tlie  desicrnated  class  of  ]>cne- 
ficiaries  who  are  residents  of  Austria.  It  is  inunaterial  that  such  beneficiaries 
are  alien  enemies,  since  by  the  act  the  richt  to  name  as  l)eneficianes  any  pers<»ns 
within  the  desiirnate<l  class  is  priven  without  qualification  to  all  ofTicers  and 
eT'.listed  men.  Whetlier  upon  maturity  of  the  policy  immediate  remittance  of 
"the  installments  due  should  he  made  to  such  a  beneficiary  would  dei)end  upon 
considerations  of  a  political  rather  than  a  legal  character.  (Dig.  Opin.  J.  A.  G., 
February,  1918.) 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915.  419 

1483iiunii.  Same — Regulations  governing  such  conversion;  payment 
of  premiums. — Regulations  shall  provide  for  the  right  to  convert 
into  ordinary  life,  twenty  payment  life,  endowment  maturing  at  age 
sixty-two  and  into  other  usual  forms  of  insurance  and  shall  pre- 
scribe the  time  and  method  of  payment  of  the  premiums  thereon, 
but  payments  of  premiums  in  advance  shall  not  be  required  for 
periods  of  more  than  one  month  each  and  may  be  deducted  from  the 
jjay  or  deposit  of  the  insured  or  be  otherwise  made  at  his  election.* 
Id. 

1483vwv.  Actions  on  claims  under  insurance  contracts^  jurisdiC' 
tion. — In  the  event  of  disagreement  as  to  a  claim  under  the  contract 
of  insurance  between  the  bureau  and  any  beneficiary  or  beneficiaries 
thereunder,  an  action  on  the  claim  may  be  brought  against  the  United 
States  in  the  district  court  of  the  United  States  in  and  for  the  dis- 
trict in  which  such  beneficiaries  or  any  one  of  them  resides.  Sec, 
2-i05  id. 

1483wwww.  Judgment  to  include  attomeifs  fees. — The  court,  as 
part  of  its  judgment,  shall  determine  and  allow  such  reasonable  at- 
torney's fees,  not  to  exceed  ten  per  centum  of  the  amount  recovered, 
to  be  paid  by  the  claimant  on  behalf  of  whom  such  proceedings  are 
instituted  to  his  attorney;  and  it  shall  be  unlawful  for  the  attorney 
or  for  any  other  person  acting  as  claim  agent  or  otherwise  to  ask  for, 
contract  for,  or  receive  any  other  compensation  because  of  such 
action.     Id, 

'  If  a  mnn  who  hns  taken  out  war  risk  Insurance,  under  the  act  of  October 
6.  1017  (40  Stilt.  39S),  (lies  at  a  time  wlien  his  pay  Is  stopped  unikM-  the 
provisions  o^  O.  O.  4a,  W.  D.,  1914,  because  of  his  absence  from  duty  on  ac- 
count of  disease  resulting;  from  Iiis  Inteujperate  use  of  drugs  or  alcoliol  or 
otiier  misconduct,  tlie  rights  of  Ins  beneficiary  depend  on  the  circumstances 
of  the  particular  case  as  to  the  payment  of  premlunus.  If  tlie  death  occurred 
during  a  part  of  a  month  for  winch  part  the  premiuuj  was  not  paid  and  before 
the  prem  um  tJierefor  was  due.  tlie  beneficiary  would  be  entitled  to  the  face 
value  of  the  [mlicy  less  one  month's  premium.  If  death  occurred  within  81 
days  after  the  premium  became  due  and  more  than  1  calendar  month  after 
the  perhxl  covered  l)y  previously  paid  premiums,  the  l>eneHclary  would  be  en- 
titled to  the  face  value  of  the  policy  less  the  premiums  for  2  month's  insur- 
ance. If  the  death  occurred  more  than  31  days  after  the  due  <late  of  the 
p?-emum  and  the  premium  was  still  unpaid,  the  beneficiary  would  receive 
nothing. 

If  a  soldier  is  returned  to  duty  and  released  from  further  operation  of 
G.  O.  4.5,  W.  D.,  1914,  witldn  31  days  after  the  premium  on  hl.^  wjir  risk  In- 
surance is  due,  the  lapsed  premium  may  be  deducted  from  his  pay  In  order 
that  he  may  receve  the  fid  I  l>enefits  of  such  Insurance.  If,  however,  the 
premium  has  remained  unpaid  for  more  than  31  days  after  the  due  <late,  the 
enlisted  man  must  seek  reinstatenjent.  In  the  absence  of  regidations  by  the 
Buieau  of  War  Risk  Insurance,  he  shouhl  tender  to  such  bureau  the  amount 
of  the  lapsed  prendum,  with  interest  at  the  rate  of  6  per  centum  per  annum, 
with  a  written  request  for  reinstatement.  In  this  manner  there  would  lie  saved 
to  hm  whatever  rights  he  uiight  have  under  the  circumstances.  In  the  event 
that  upon  the  due  date  of  any  such  prendum,  the  Utdted  States  owes  the  soldier 
on  account  of  pay  or  deposit  an  amount  sufTicient  to  pay  the  prendum.  the 
prendum  will  be  treated  as  paid,  in  accordance  with  the  express  provision  of 
the  policy.     (Dig.  Opin.  J.  A.  G..  February,  1918.) 


420 

1483XXXX.  Unlawful  charges  or  fees  for  services  rendered. — No 
other  compensation  or  fee  shall  be  charged  or  received  by  any  person 
except  such  as  may  be  authorized  by  the  commissioner  in  regulations 
to  be  promulgated  by  him.     Id, 

(For  the  ensuing  provision  of  this  section  see  paragraph  1483aaaaa,  post.) 

1483yyyy.  Military  and  naval  insurance  appropriation^  premiums 
C7 edited  to, — There  is  hereby  appropriated,  from  any  money  in  the 
Treasury  not  otherwise  appropriated,  the  sum  of  $23,000,000,  to  be 
known  as  the  military  and  naval  insurance  appropriation.  All  pre- 
miums that  may  be  collected  for  the  insurance  provided  by  the  pro- 
visions of  Article  IV  ^  shall  be  deposited  and  covered  into  the  Treas- 
ury to  the  credit  of  this  appropriation.     Sec.  ^2-20^  id.,  4.00. 

1483ZZZZ.  Same — Availability  of  and  payments  from. — Such  sum, 
including  all  premium  payments,  is  hereby  made  available  for  the 
payment  of  the  liabilities  of  the  United  States  incurred  under  con- 
tracts of  insurance  made  under  the  provisions  of  Article  IV.^  Pay- 
ments from  this  appropriation  shall  be  made  upon  and  in  accordance 
Avith  awards  by  the  director.    Id. 

1483aaaaa.  Punishment  for  violation  of  provisions  of  section. — 
Any  person  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall,  for  each 
and  every  such  offense,  be  fined  not  exceeding  $500,  or  be  imprisoned 
at  hard  labor  not  exceeding  two  years,  or  both,  in  the  discretion  of 
the  court.    Sec.  2-Jf05,  id.,  410. 

(For  the  provision  of  this  section  immeclialely  preceding  this  paragraph  see 
paragraph  1488xxxx,  ante,  and  for  section  3  of  this  act  see  paragraph  350d, 
350e,  352a,  373a,  ante.) 

widows'  pensions. 

1498a.  Increase  in  rate  of. — From  and  after  the  passage  of  the 
Act  the  rate  of  pension  for  a  widow,  now  on  the  roll  or  hereafter 
to  be  placed  on  the  pension  roll  and  entitled  to  receive  a  less  rate 
than  hereinafter  provided,  who  was  the  lawful  wife  of  any  officer 
or  enlisted  man  in  the  Army,  Navy,  or  Marine  Corps  of  the  United 
States,  during  the  period  of  his  services  in  the  Civil  War.  shall  be 
$1^0  per  month,  and  the  rate  of  pension  for  a  widow  of  an  officer  or 
enlisted  man  of  the  Army,  Navy,  or  Marine  Corps  of  the  United 
States  who  served  in  the  Civil  War,  the  War  with  Mexico,  or  the 
War  of  Eighteen  hundred  and  twelve,  now  on  the  roll  or  hereafter  to 
be  placed  on  the  pension  roll  and  entitled  to  receive  a  less  rate  than 
hereafter  provided,  who  has  reached  or  shall  hereafter  reach  the  age 
oi  seventy  years  shall  be  $20  per  month ;  and  nothing  herein  shall  be 
construed  to  affect  the  existing  allowance  of  $2  per  month  for  each 
child  under  the  age  of  sixteen  years  and  for  each  helpless  child ;  and 

*See  paragraphs  1483cccc-1483xxxx,  ante. 


MILITABY  LAWS  OF   THE  UNITED  STATES,   1915.  421 

all  Acts  or  parts  of  Acts  inconsistent  with  the  provisions  of  this  Act 
arc  hereby  repealed :  Provided^  however^  That  this  Act  shall  not  be 
so  construed  as  to  reduce  any  pension  under  any  Act,  public  or  pri- 
vate.    Sec,  7,  Act  of  Sept.  8,  1916  {39  Stat.  8U). 

1498b.  Restoration  of  widow  who  was  dropped  on  remarriage  hut 
has  again  become  a  widov)^  etc. — Any  widow  of  an  officer  or  enlisted 
man  who  served  in  the  Army,  Navy,  or  Marine  Corps  of  the  United 
States  during  the  Civil  War  whose  name  was  placed  or  shall  here- 
after be  placed  on  the  pension  roll,  under  any  existing  law,  and 
wliosc  name  has  been  or  shall  hereafter  be  dropped  from  said  pen- 
sion roll  by  reason  of  her  marriage  to  another  person  who  has  since 
died  or  shall  hereafter  die,  or  from  whom  she  has  been  heretofore 
or  shall  be  hereafter  divorced  upon  her  own  application  and  without 
fault  on  her  part,  shall  be  entitled  to  have  her  name  again  placed  on 
the  pension  roll  at  the  rate  allowed  by  the  law  under  which  she  was 
formerly  pensioned,  and  the  law  or  laws  amendatory  thereof,  unless 
she  be  entitled  to  a  greater  rate  of  pension  under  the  provisions  of 
section  one  of  this  Act,  such  pension  to  commence  from  the  date  of 
filing  her  application  in  the  Bureau  of  Pensions  after  the  passage 
of  this  Act.     Sec.  2,  id.,  8^5. 

1498c.  Same — Where  pension  after  second  or  subsequent  mxirriage 
accrued  to  helpless  or  idotic  child. — Where  the  pension  of  said  widow 
on  her  second  or  subsequent  marriage  has  accrued  to  a  helpless  or 
idiotic  child,  or  a  child  or  children  under  the  age  of  sixteen  years, 
she  shall  not  be  entitled  to  renewal  under  this  Act  unless  said  help- 
less or  idiotic  child,  or  child  or  children  under  sixteen  years  of  age, 
be  then  a  member  or  members  of  her  family  and  cared  for  by  her, 
and  upon  the  renewal  of  pension  to  said  widow  payment  of  pension 
to  said  child  or  children  shall  cease.     Id. 

1498d.  Same — Extended  to  ce7'tain  widows  who  were  tarred  under 
existing  law  because  of  remarriage,  etc—^Th^  provisions  of  this  Act 
shall  be  extended  to  those  widows,  otherwise  entitled,  Avhose  husbands 
died  of  wounds,  injuries,  or  disease  incurred  during  the  period  of 
their  military  or  naval  service,  but  who  were  deprived  of  pensions 
under  the  Act  of  March  third,  eighteen  hundred  and  sixty-five,  be- 
cause of  their  failure  to  draw  any  pensions  by  reason  of  their  remar- 
riage, and  to  any  person  who  was  lawfully  married  to  an  officer  or 
enlisted  man,  who  served  in  the  Army,  Navy,  or  Marine  Corps  of  the 
United  States  during  the  Civil  War  and  was  honorably  discharged 
therefrom  and  has  since  deceased,  and  who,  having  remarried  since 
his  death  is  again  a  widow,  or  has  been  divorced  from  her  last  hus- 
band upon  her  own  application  without  fault  on  her  part  and  who, 
otherwise  entitled,  was  barred  by  reason  of  such  remarriage  from 
receiving  pension  under  any  existing  law.    Id. 


422  MILITARY  LAWS  OP  THE   UNITED  STATES,  1915. 

1498e.  Pension  to  widaws  married  prior  to  June  twenty-seventh^ 
nineteen  hundred  and  five. — Any  widow,  as  described  in  section  two 
of  the  Act  approved  April  nineteenth,  nineteen  hundred  and  eight,* 
who  married  the  soldier  or  sailor  prior  to  June  twenty-seventh,  nine- 
teen hundred  and  five,  shall  have  title  to  pension  under  the  provisions 
of  said  section  of  said  Act,  to  commence  from  the  date  of  filing  her 
application  in  the  Bureau  of  Pensions  after  the  passage  of  this  Act. 
Sec.  J,  id. 

1498f .  Same — Where  pension  has  been  (/ranted  to  helpless  or  ioditio 
children. — Where  a  pension  has  been  granted  to  a  soldier's  or  sailor's 
hel])less  or  idiotic  child  or  children,  or  child  or  children  under  the  age 
of  sixteen  3'ears,  his  widow  shall  not  be  entitled  to  pension  under  this 
section,  unless  the  pension  to  such  child  or  children  has  terminated, 
or  unless  such  child  or  children  be  a  member  or  members  of  her 
family  and  cared  for  by  her,  and  upon  allowance  of  pension  to  the 
widow,  payment  of  pension  to  such  child  or  children  shall  cease.    Id. 

1498g.  Restrictions  as  to  fee  of  claim  agents  under  provisiouf^  of 
Act. — No  claim  agent  or  attorney  shall  be  recognized  in  the  adjudi- 
cation of  claims  under  the  first  section  of  this  Act,  nor  shall  any  claim 
agont  or  attorney  be  recognized  in  the  adjudication  of  claims  under 
the  second  section  of  this  Act  for  renewal  of  pension  previously  al- 
lowed, and  in  claims  for  original  pension  under  section  two  of  this 
Act  no  greater  sum  than  $10  shall  be  allowed  for  services  in  pre- 
paring, presenting,  or  prosecuting  such  claim,  which  sum  shall  be 
payable  only  upon  the  order  of  the  Commissioner  of  Pensions  under 
such  rules  and  regulations  as  he  may  deem  proper  to  make.    Sec.  4,  id. 

1498h.  Rate  of  pensions  to  widows  of  officers  or  Unlisted  men  of 
Army.,  etc.,  serring  in  Civil  War,  etc. — From  and  after  the  passage 
of  this  Act  the  rate  of  pension  for  a  widow  of  an  officer  or  enlisted 
man  of  the  Army,  Navy,  or  Marine  Corps  of  the  United  States  Avho 
served  in  the  Civil  War,  thc.AVar  with  Spain,  or  the  Philippine  Insur- 
rection, now  on  the  pension  roll  or  hereafter  to  be  placed  on  the  pen- 
sion roll,  and  entitled  to  receive  a  less  rate  than  hereinafter  pro- 
vided, shall  be  $25  per  month ;  and  nothing  herein  shall  be  construed 
to  affect  the  additional  allowance  provided  by  existing  pension  laws 
on  account  of  a  helpless  child  or  child  under  sixteen  years  of  age. 
Sec.  2-Sn,  Act  of  Oct.  6,  \917  (40  Stat.  iOS). 

(For'  \hii  provisions  of  this  act  immediately  preceding  this  paragraph  see 
pars.  1483yyy,  14S3zzz,  ante.) 

14981.  Same — Pension  laws  not  affected. — This  Act  shall  not  be  so 
construed  as  to  reduce  any  pension  under  any  Act,  public  or  private. 
Id. 

(  For  the  ensuing  provision  of  this  section  see  par.  1483bbbb,  ante.) 

^  Sec.  2  of  Act  referred  to  (35  Stat.  64),  provides  for  a  pension  for  widows  of 
soldiers  and  sailors  who  served  ninety  dnys,  etc.,  provided  the  widow  shall  have 
married  the  soldier  or  sailor  prior  to  June  27,  1890. 


CHAPTER  XXXVL 


THE  SOLDIERS'  HOME. 


Par. 

Pay  and  allowances  of  soldiers 
sentencetl  to  dishonorable  dis- 
char;;e  durinjr  execution  of 
suspended  sentence 1507a 


Par. 

Secretary  of  War  to  report 
branches  of  National  Home 
for  Disabled  Volunteer  Sol- 
diers which  can  be  discon- 
tinued    1502a 

Persons  entitled  to  benefits  of 
National  Home  for  Disabled 
Volunteer  Soldiers 1502b 


1502a.  Secretary  of  TF^r  to  report  tranches  of  National  IJome  for 
Disabled  Volunteer  Soldiers  which  can  he  discontinued. — Tlie  Secre- 
tary of  War  is  authorized  and  directed  to  report  to  Congress,  not 
later  than  January  first,  nineteen  hundred  and  eighteen,  what  branch 
or  branches  of  the  National  Home  for  Disabled  Vohmteer  Soldiers, 
if  any,  can  be  discontinued  without  prejudice  to  the  care  of  the  per- 
sons entitled  to  admission  to  the  home.  Act  of  June  12^  1017  (^0 
Stat.  HO). 

(See  historical  note  following  chapter  on  the  Soldiers'  Home,  pp.  571-572, 
ante. ) 

1502b.  Persons  entitled  to  henefits  of  National  Homes  for  Disabled 
Volunteer  Soldiers. — So  much  of  the  Act  making  appropriations  for 
the  sundry  civil  expenses  of  the  Government  for  the  fiscal  year  end- 
ing June  thirtieth,  nineteen  hundred  and  sixteen,  and  for  other  pur- 
poses, so  far  as  it  designates  the  classes  of  persons  entitled  to  the 
benefits  of  the  National  Home  for  Disabled  Volunteer  Soldiers,  is 
amended  so  as  to  read  as  follows:  The  following  persons  only  shall 
hereafter  be  entitled  to  the  benefits  of  the  National  Home  for  Dis- 
abled  Volunteer  Soldiers,  and  may  be  admitted  thereto  upon  the 
order  of  a  member  of  the  board  of  managers,  namely:  All  honorably 
discharged  officers,  soldiers,  and  sailors  who  served  in  the  regular, 
volunteer,  or  other  forces  of  the  United  States  in  any  war  in  which 
the  country  has  been  or  is  engaged,  including  the  Spanish  American 
War,  the  Provisional  Army  (authorized  by  Act  of  Congress  approved 

423 


424  MILITAEY   LAWS   OF   THE   UNITED  STATES,   1915. 

March  second,  eighteen  hundred  and  ninety-nine),  in  any  of  the 
campaigns  against  hostile  Indians,  or  who  have  served  in  the  Philip- 
pines, in  China,  or  in  Alaska,  or  in  the  Organized  Militia  or  National 
Guard  when  called  into  the  Federal  service  to  enforce  the  laws, 
suppress  insurrection,  or  repel  invasion,  who  are  disabled  by  disease, 
wounds,  pr  otherwise  and  have  no  adequate  means  of  support,  and 
who  are  not  otherwise  provided  for  by  law,  and  by  reason  of  such 
disability  are  incapable  of  earning  their  living.  Act  of  Oct.  6,  1917 
{Jfi  Stat.  368),  amending  Act  of  Mar.  3,  1915  {38  Stat.  863). 

1507a.  Pay  and  allowances  of  soldiers  sentenced  to  dishonorable 
discharge  during  execution  of  suspended  sentence. — Hereafter  pay 
and  allowances  shall  not  accrue  to  a  soldier  under  sentence  of  dis- 
honorable discharge,  during  such  period  as  the  execution  of  the  sen- 
tence of  discharge  may  be  suspended  under  authority  of  the  Act  of 
Congress  approved  April  twenty-seventh,  nineteen  hundred  and  four- 
teen, and  pay  which  has  heretofore  been  forfeited  under  such  sus- 
pended sentence  shall  not  be  held  to  have  accrued  to  the  Soldiers' 
Home  under  the  operation  of  section  forty-eight  hundred  and  eight- 
een, Revised  Statutes,  but  shall  be  covered  back  into  the  Treasury  of 
the  United  States.    Act  of  Mar.  ^,  1915  {38  Stat.  1065). 

(This  provision  will  also  be  found  under  par.  727a.) 


CHAPTER   XXXVII. 


CARE  OF  THE  INSANE. 


Page. 

Same — Jurisdiction  of  superin- 
tendents over  patients  so 
transferred 1526c 

Transfer  of  part  of  appropria- 
tions from  St.  Elizabeths  Hos- 
pital to  public  hospitals  for 
support,  etc.,  of  patients  re- 
ceived therein 1526d 


Par. 
lie  vocable  permit  to  St.   Eliza- 
beths Hospital  to  use  certain 
land 1524a 

Admission    of   insane   prisoners 

of  war  and  interned  persons-  1525a 

Transfer  to  public  hospitals  of 
patients  entitled  to  treatment 
in  St.  Elizabeths  Hospital___  1526a 

Transfer  of  insane  from  mili- 
tary hospitals  to  nearest  pub- 
lic hospitals 1526b 


1524a.  Revocable  permit  to  Saint  Elizabeths  Hospital  to  use  cer- 
tain lands. — The  Secretary  of  War  is  authorized  to  grant  a  revocable 
permit  to  the  Saint  Elizabeths  Hospital  for  the  use  of  such  portions 
of  land  as  are  at  present  not  under  lease  and  such  other  portions 
thereof  as  leases  thereof  expire,  of  that  portion  of  land  lying  along 
Anacostia  Flats  which  has  been  reclaimed  by  the  War  Department 
and  is  valuable  for  farming  purposes.  Act  of  Oct.  6^  1917  {40 
Stat.,  373). 

1525a.  Admission  of  insane  prisoners  of  war  and  interned  per- 
sons.— Interned  persons  and  prisoners  of  war/ under  the  jurisdiction 
of  the  War  Department,  who  are  or  may  become  insane  hereafter 
shall  be  entitled  to  admission  for  treatment  to  Saint  Elizabeths 
Hospital.     Id. 

1526a.  Transfer  to  public  hospitals  of  patients  entitled  to  treatment 
in  Saint  Elizabeths  Hospital. — The  Secretary  of  War  is  authorized, 
during  the  existing  emergency,  to  transfer  to  the  various  public 
hospitals  for  the  care  of  the  insane,  patients  of  every  class  entitled 
to  treatment  in  Saint  Elizabeths  Hospital  and  that  are  admitted  on 
order  of  the  Secretary  of  War.     Id. 

1526b.  Transfer  of  insane  from  military  hospitals  to  nearest  public 
hospitals. — The  Secretary  of  War  is  authorized  to  transfer  from  any 
military  hospital  to  the  nearest  available  public  hospital  for  the  care 
of  the  insane  any  insane  patient  who  is  in  need  of  treatment,  prefer- 

425 


426  MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

ence  being  given  to  the  hospital  nearest  to  the  place  of  the  patient's 
enlistnioiit.     Id, 

1526c.  Same — Jurisdiction  of  superintendents  over  pafienfs  so 
truTVifrrred. — The  superintendent  of  such  public  hospital  shall  pos- 
sess the  right  to  retain  the  aforementioned  class  of  patients  in  his 
hospital  in  the  same  manner  and  to  the  same  extent  as  now  possessed 
by  the  Superintendent  of  Saint  Elizabeths  Hospital.     Id. 

1526d.  Transfer  of  part  of  appropinations  for  Saint  Elizabeths  Uos- 
'pital  to  public  hospitals  for  support^  etc.^  of  patients  recHccd 
therein. — The  Superintendent  of  Saint  Elizabeths  Hospital,  with  tho 
approval  of  the  Secretary  of  the  Interior,  shall  transfer  to  the  vari- 
ous public  hospitals  out  of  the  various  appropriations  made  by  Con- 
gress for  the  support  and  treatment  of  patients  in  Saint  Elizabeths 
Hospital  a  sum  suilicient  to  pay  for  the  support  and  treatment  of 
patients  sent  to  public  hospitals  as  herein  provided,  based  upon  the 
per  capita  cost  of  maintenance  in  Saint  Elizabeths  Hospital,  said 
payment  not  to  exceed  at  any  time  the  exact  cost  of  support  and 
treatment  of  such  patients.    Id. 


CHAPTER  XXXVra. 


FLAG  AND  SE^VL  OF  THE  UNITED  STATES. 


Par. 

Same — Falsely  making,  forging, 
etc.,  seal  of  executive  depart- 
ments, etc.,  punishment 1531b 

Falsely  mnklng.  forging,  etc., 
naval,  nillitary,  or  oHicial 
passes,  etc.,  puuisliment IHSlc 


Par. 

The  Hag  in  the  District  of  Co- 
lumbia, desecration,  mutila- 
tion, or  Improper  use  of 1529a 

Same — Flng,  standard,  colors, 
etc.,   doiined 1529b 

Fradulently  or  wrongfully  affix- 
ing, etc.,  seal  of  executive  de- 
partments, etc.,  to  certificate, 
instrument,  etc.,  or  wrong- 
fully etc.,  using  such  certifi- 
cate, instrument,  etc.,  punish- 
ment    1531a 

1529a.  The  flag  in  the  District  of  Coluirihia^  desecration^  mufiln' 
tion^  or  improper  use  of, — Hereafter  any  person  who,  within  the  Dis- 
trict of  Cohimbia,  in  any  manner,  for  exhibition  or  display,  shall 
place  or  canse  to  be  placed  any  word,  figure,  mark,  picture,  design, 
drawing  or  any  advertisement  of  any  nature  upon  any  flag,  standard, 
colors  or  ensign  of  the  United  States  of  America ;  or  shall  expose  or 
cause  to  be  exposed  to  public  view  any  such  flag,  standard,  colors 
or  ensign  upon  which  shall  have  been  printed,  painted  or  otherwise 
placed,  or  to  which  shall  be  attached,  appended,  affixed  or  annexed 
any  word,  figure,  mark,  picture,  design  or  drawing,  or  any  advertise- 
ment of  any  nature;  or  who,  within  the  District  of  Columbia,  shall 
manufacture,  sell,  expose  for  sale  or  to  public  view  or  give  away  or 
have  in  possession  for  sale  or  to  be  given  away  or  for  use  for  any 
purpose,  any  article  or  substance  being  an  article  of  merchandise,  or 
a  receptacle  for  merchandise  or  article  or  thing  for  carrying  or  trans- 
porting merchandise,  upon  which  shall  have  been  printed,  painted, 
attached  or  otherwise  placed  a  representation  of  any  such  flag,  stand- 
ard, colors  or  ensign,  to  advertise,  call  attention  to,  decorate,  mark  or 
distinguish  the  article  or  substance  on  which  so  placed;  or  who, 
within  the  District  of  Columbia,  shall  publicly  mutilate,  deface,  defile 
or  defy,  trample  upon  or  cast  contempt,  either  by  word  or  act,  upon 
any  such  flag,  standard,  colors  or  ensign,  shall  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  punished  by  a  fine  not  exceeding  $100 

427 


428  MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

or  by  imprisonment  for  not  more  than  thirty  days,  or  both,  in  the 
discretion  of  the  court.     Act  of  Feb.  8,  1917  {39  Stat.  900). 

1529b.  Same — Flag^  standard^  colors^  etc.,  defined. — The  words 
"flag,  standard,  colors,  or  ensign,"  as  used  herein,  shall  include  any 
flag,  standard,  colors,  ensign  or  any  picture  or  representation  of 
either,  or  of  any  part  or  parts  of  either,  made  of  any  substance  or 
represented  on  any  substance,  of  any  size  evidently  purporting  to  be 
either  of  said  flag,  standard,  colors,  or  ensign  of  the  United  States  of 
America  or  a  picture  or  a  representation  of  either,  upon  which  shall 
be  show^n  the  colors,  the  Stars  and  Stripes,  in  any  number  of  either 
thereof,  or  of  any  part  or  parts  of  either,  by  which  the  average  per- 
son seeing  the  same  without  deliberation  may  believe  the  same  to 
represent  the  flag,  colors,  standard  or  ensign  of  the  United  States  of 
America.     Id. 

COUNTERFEITING  GOVERNMENT  SEAL. 

1531a.  Fraudulently  or  wrongfully  affixing^  etc.^  seal  of  executive 
departments^  etc.,  to  certificate.,  instruments  etc.,  or  wrongfully.^  etc., 
using  such  certificate^  instrument^  etc.,  punzshment. — Whoever  shall 
fraudulently  or  wrongfully  affix  or  impress  the  seal  of  an}^  executive 
department,  or  of  any  bureau,  commission,  or  office  of  the  United 
States,  to  or  upon  any  certificate,  instrument,  commission,  document, 
or  paper  of  any  description;  or  whoever,  with  knowledge  of  its 
traudulent  character,  shall  with  wrongful  or  fraudulent  intent  use, 
buy,  procure,  sell,  or  transfer  to  another  any  such  certificate,  instru- 
ment, commission,  document,  or  paper,  to  which  or  upon  which  said 
seal  has  been  so  fraudulently  affixed  or  impressed,  shall  bo  fined  not 
more  than  $5,000  or  imprisoned  not  more  than  five  years,  or  both. 
Title  Z,  Sec  1,  Act  of  June  15, 1917  {JfO  Stat.  227). 

1531b.  Same — Falsely  making.,  forging.,  etc.,  seal  of  executive  de- 
partments., etc.^  punishment. — Whoever  shall  falsely  make,  forge, 
counterfeit,  mutilate,  or  alter,  or  cause  or  procure  to  be  made,  forged, 
counterfeited,  mutilated,  or  altered,  or  shall  willingly  assist  in  falsely 
making,  forging,  counterfeiting,  mutilating,  or  altering,  the  seal  of 
any  executive  department,  or  any  bureau,  commission,  or  office  of  the 
United  States,  or  whoever  shall  knowingly  use,  affix,  or  impress  any 
such  fraudulently  made,  forged,  counterfeited,  mutilated,  or  altered 
seal  to  or  upon  any  certificate,  instrument,  commission,  document,  or 
paper,  of  any  description,  or  whoever  with  wrongful  or  fraudulent 
intent  shall  have  possession  of  any  such  falsely  made,  forged,  counter- 
feited, mutilated,  or  altered  seal,  knowing  the  same  to  have  been  so 
falsely  made,  forged,  counterfeited,  mutilated,  or  altered,  shall  be 
fined  not  more  than  $5,000  or  imprisoned  not  more  than  ten  years,  or 
both.    Sec.  2,  id.,  228. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  429 

1531c.  Falsely  mahiny^  forging^  etc.^  naval^  military^  or  oflvlal 
passes^  etc.^  punishment. — Whoever  shall  falsely  make,  forge,  coun- 
terfeit, alter,  or  tamper  with  any  naval,  military,  or  official  pass  or 
permit,  issued  by  or  under  the  authority  of  the  United  States,  or 
with  wrongful  or  fraudulent  intent  shall  use  or  have  in  his  possession 
any  such  pass  or  permit,  or  shall  personate  or  falsely  represent  him- 
self to  be  or  not  to  be  a  person  to  whom  such  pass  or  permit  has  been 
duly  issued,  or  shall  willfully  allow  any  other  person  to  have  or  use 
any  such  pass  or  permit,  issued  for  his  use  alone,  shall  be  fined  not 
more  than  $2,000  or  imprisoned  not  more  than  five  years,  or  both. 
Sec.  S,  id. 

(For  general  provisions  of  this  act  applicable  to  this  title,  see  paragraphs 
147oq-1475t) 


CHAPTER  XL. 


RESERVE  CORPS. 


Par. 

Oflicers'  "Reserre  Corps 1532-1  rir)2 

Conipositicn  and  object  of 1532 

Appointments  iu  Oflicers'  Re- 
serve Corps  and  National 
Army  to  certain  j^rades  in  des- 
ignated staff  corps 1532a 

President  alone  antliorized  to 
appoint  and  commission  of- 
ficers in,  to  all  grades  up  to 
and   including  major 1533 

Appointment  of  former  officers 
of  Regular  Army,  Volunteer 
Army,  Organized  Militia,  or 
National  Guard  to 1533a 

Same — Proportion  of  officers  in 
any  section  not  to  exceed  pro- 
portion of  same  grade  in  Reg- 
ular Army 1534 

Persons  registered  as  qualified 
under  act  of  January  21,  1903, 
to  he  eligible  lor  appoiutment 
In  for  three  years 1535 

Same — Persons  qualified  for 
grade  of  lieutenant  colonel  or 
colonel  to  be  appointed  as 
such,  but  when  they  become 
separated  from  the  corps  the 
giades  to  cease  and  deter- 
mine       1530 

Commissions  and  rank  of  offi- 
cers who  were  qualified  at 
date  of  act  who  had  Federal 
service  with  Nntional  Guard 
or  Organized  Militia 153Ga 

Recommission  of  officer  called 
for  service  in  lower  grade 153Cb 


Par. 

Age  limit  for  appofntmeiit  In 
aud  discharge  of  oflicera  after 
having  passed  such  limit 1537 

No  discharge  of  officers  on 
roaehing  age  limit  during  ex- 
isting emergency 1537a 

Same — Not  to  apply  to  appoint- 
ment or  reappointment  of  of- 
ficers In  certain  staff  depart- 
ments      1538 

Medical  Reserve  Corps  to  cease 
to  exist  one  year  after  pas- 
sage of  act;  oflicers  of  may 
be  appointed  to  Officers'  Re- 
serve Corps 1539 

Certain  oflicers  of  the  medical 
section,  Officers'  Reserve 
Corps,  may  be  assigned  to 
active  duty  In  time  of  peace; 
pay  of 1540 

Comunsslons  to  be  In  force  for 

a  perlml  of  five  years 1541 

Same — May  be  recommlssioned 
for  successive  periods  in 
same  or  higher  grades 1542 

Rank  of  officers  in  various  sec- 
tions to  be  according  to 
grades  and  length  of  service 
therein 1543 

Assignment  to  duty  In  time  of 

war,  rank,  pay,  etc 1544 

Restoration  to  positions  of  Fed- 
eral or  District  of  Columbia 
employees  ordered  to  active 
duty  as  members  of  OflUcers* 
Reserve  Corps-.^ 1544a 


431 


432 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


Par. 

Prohibition  against  acceptance 
of  voluntary  service  not  ap- 
plicable to 1544b 

Same — Take  temporary  rank 
among  themselves  according 
to  date  of  assignment  to  ac- 
tive duty ;  promotion  to  vacan- 
cies in  Volunteers  and  to 
temporary  vacancies  in  Regu- 
lar Army 1545 

Officers  of  not  entitled  to  retire- 
ment or  retired  pay;  pension- 
able status 1546 

Subject  to  rules  and  Articles  of 
War  when  ordered  to  active 
service 1547 

May   be  ordered  to   duty   with 

troops,  etc.,  for  instruction 1548 

Same — Period  of  instruction 
may  be  extended  with  con- 
sent of  reserve  officers 1549 

Leaves  of  absence  to  Federal  or 
District  of  Columbia  employ- 
ees who  are  members  of  Offi- 
cers' Reserve  Corps 1549a 

In  time  of  war  all  officers  of 
to  be  ordered  into  active  serv- 
ice before  appointment  of 
Volunteer  officers 1550 

Same — Does  not  prevent  ap- 
pointment of  officers  of  Reg- 
ular Army  as  officers  of  Vol- 
unteers before  all  officers  of 
are  ordered  to  active  service.     1551 

Relative  rank  and  right  to  re- 
tirement of  officers  of  Regu- 
lar Army  not  affected  by  ac- 
tive service  in 1552 

Reserve        Officers'        Training 

Corps 1553-1572 

Senior  and  junior  divisions  of 
to  be  organized  at  certain 
universities  and  colleges 1553 

First  Corps  Cadets,  National 
Guard  of  Massachusetts,  desig- 
nated as  unit  of  Senior  Divi- 
sion   1553a 

Same — Subject  to  rules  and 
regulations  prescribed  for  Re- 
serve Officers'  Training  Corps.  1553b 

Same — Waiving  of  drill  and  in- 
structions required  from  as  a 
National  Guard  organization.  1553c 


Tar. 

Same — Ancient  privileges  recog- 
nized by  national-defense  act 
to  remain  in  full  force  and 
effect 1553d 

Same — One  or  more  units  may 
be  established  on  application 
of  any  qualified  State  insti- 
tution       1554 

Same — Not  to  be  established 
until  after  officer  of  Army 
has  been  detailed  at  the  in- 
stitution as  professor  of  mili- 
tary science  and  tactics 1555 

Establishment  of  units  at  quali- 
fied institutions,  other  than 
State  institutions,  maintain- 
ing a  two  years'  course  of 
military  training 1556 

Same — Not  to  be  established 
until  after  officer  of  Army  has 
been  detailed  at  institution  as 
professor  of  military  science 
and  tactics 1557 

Secretary  of  War  to  prescribe 
course  of  military  training  for 
the  units 1558 

Eligibility  for  meraber.ship  in,  as 
to  age,  citizenship,  etc 1559 

Detail  of  active  or  retired  offi- 
cers as  professors  for;  rank, 
pay,  term,  conditions,  etc 1560 

Same — Detail  of  enlisted  men, 
active,  retired,  or  Regular 
Army  Reserve ;  limit  as  to  ac- 
tive, who  are  to  be  additional, 
etc 1561! 

Issue  of  public  animals,  arms, 
uniform,  equipment,  etc.,  to 
institutions  with  established 
units 1562 

Comnmtation  for  uniforms  sup- 
plied by  educational  institu- 
tions    1562a 

Issue  of  military  equipment  and 
detail  of  instructors  at  other 
schools  and  colleges 1563 

Camps  for  additional  training 
of  members  of;  period  of  en- 
campment, equipment,  etc 1564 

President  alone  may  appoint 
qualified  graduates  of,  in  Offi- 
cers' Reserve  Corps;  condi- 
tions       1565 


MILITARY   LAWS  OF   THE   UNITED  STATES,   1915. 


433 


Par. 
1566 

1567 
1568 


Same — Qualified  graduates  not 
eligible  for  appointment  while 
undergoing  postgraduate 
course 

Members  who  have  completed 
two  years  of  training  may  be 
furnished  with  commutation 
of  subsistence  for  remainder 
of  course  of  training 

Same — Credit  to  be  given  for 
military  training — 

A]>i)()intment  of  prior  graduates 
of  institutions  giving  military 
training  to  Officers'  Reserve 
Corps  and  as  temporary  addi- 
tional second  lieutenants;  age 
limit,  citizenship,  etc 1569 

Appointment  by  President  alone 
of  reserve  officers  as  tempo- 

•  rary  second  lieutenants  of 
Regular  Army  in  time  of 
peace  for  instruction 1570 

Reserve  officers  and  temporary 
second  lieutenants  not  en- 
titled to  retirement  or  retired 
pay  ;  pensionable  status 1571 

In  time  of  war  reserve  officers 
may  be  assigned  to  active 
duty  in  any  grades,  not  below 
second  lieutenant,  and  are 
subject  to  rules  and  articles 
of  war 1572 

Adjutant  General  to  keep  re- 
vised list  of  civilians  who 
have  had  military  training 
qualifying  them  for  appoint- 
ment as  commissioned  officers.     1573 

Camps  of  instruction  for  train- 
ing civilians,  equipment,  etc., 
of 1574 

Same — Rate  of  mileage  for  civil- 
ians attending,  time  of  pay- 
ment    1574a 

Pay  of  civilians  designated  for 
training  as  officers  during  pe- 
riod of  training 1574b 

Same — Secretary  of  War  to  pre- 
scribe course  of  instructions 
at,  and  detail  Regular  officers 
and  enlisted  men  for  duty  in 
connection  with 1575 


Par. 

Appropriation  for  maintenance 
of  camps  on  military  reserva- 
tions, etc.,  for  training 
civilians 1576 

Training  camps  for  civilians 1576a 

Same — Available  for  transi>or- 
tation  and  subsistence  of  citi- 
zens between  certain  ages  who 
have  attended  camps  during 
1916 1577 

Training  camp  for  civilians  on 
military  reservation  at  Fort 
Douglas,  Utah,  maintenance 
of 1578 

Establishment  and  equipment  of 
indoor  and  outdoor  rifle 
ranges  for  training  civilians 1579 

Same 1579a 

Same — Officer  of  Army  or  Ma- 
rine Corps  may  be  appointed 
director  of  civilian  marks- 
manship      1580 

Enlisted  Reserve  Corps 1581-1599 

P'nlisted  reserve  for  staff  de- 
partments     1581 

Regulations  relating  to  enlist- 
ment of  dental  students  in  En- 
listed Reserve  Corps 1581a 

Issuance  of  certificate  of  enlist- 
ment to  persons  found  quali- 
fied, rights  conferred  by 1582 

Rosettes  or  knots  to  be  issued 
to  members  attending  at  least 
one  encampment  for  military 
instruction  of  citizens 1583 

Same — Penalty  for  unauthorized 

wearing  of 1584 

Assignment  of  members  to  or- 
ganizations of  Regular  Army     • 
or  organization  of,  into  units 
or  detachments  of    any    arm, 
etc 1585 

May  be  ordered  to  active  serv-, 
ice  annually  for  purpose  of 
instruction  or  training 1586 

Same — Periods  of  active  service 
may  be  extended  with  consent 
of  enlisted  ruen 1587 

Same — Pay  and  allowances 
while  in  active  service ,.,,.,    1588 


64208*'— 18- 


-28 


434 


MILITARY  LAWS  OF  THE   UNITED  STATES,  1915. 


Par. 

Not  entitled  to  retirement  or  re- 
tirement pay;  pensionable  sta- 
tus     1580 

Uniform  to  be  same  as  for  en- 
listed men  of  Regular  Army 
and  to  be  issued  in  kind 1590 

Same — Clothing  or  other  equip- 
ment to  remain  property  of 
United  States 1591 

Sjime — Unserviceable  to  be  re- 
placed      1592 

Arms,  clothing,  and  equii>ment 
issued  to  be  accountetl  for  on 
discharge 1593 

Unlisted  men  ordered  to  active 
service  subject  to  Rules  and 
Articles  of  War    1594 


Tar. 

May  be  discharged  when  serv- 
ice no  longer  required  or  for 
misconduct 1595 

Certificate  of  enlistment  for- 
feited, in  addition  to  other 
punishment,  for  failure  to 
obey  order  assigning  to  active 
duty 159a 

In  time  of  actmd  or  threatened 
hostilities  may  l)e  ordered  to 
active  duty  with  Regular 
Army 1597 

Same — May  be  mustered  into 
the  Volunteer  service  with 
gra<les  held  in  their  corps 1593 

Same — Certificate  of  enlistment 
does  not  give  vester  right  to 
be  so  mustered 15[)9 


OFFICERS'  IlESERVE  CORPS. 

1532.  Composition  and  object  of, — For  the  purpose  of  securing  a 
reserve  of  oflicers  available  for  service  as  temporary  officers  in  the 
Eegular  Army,  as  provided  for  in  this  Act  and  in  section  eight  of 
the  Act  approved  April  twenty-fifth,  nineteen  hundred  and  four- 
teen,* as  officers  of  the  Quartermaster  Corps  and  other  staff  corps  and 
departments,  as  officers  for  recruit  rendezvous  and  depots,  and  as 
officers  of  volunteers,  there  shall  be  organized,  under  such  rides  and 
regulations  as  the  President  may  prescribe  not  inconsistent  with  the 
provisions  of  this  Act,  an  Officers'  Reserve  Corps  of  the  Regular 
Army.  Said  corps  shall  consist  of  sections  corresponding  to  the 
various  arms,  staff  corps,  and  departments  of  the  Regular  Army.^ 

*  See  par.  1380.  ante,  or  38  Stat.  349. 

'  Hvhl,  that  there  are  no  organizational  grades  in  the  Voterinnry  Corps  nor 
in  the  Dental  Corps  and  that.  theref«>re,  veliM-liiarians  can  be  appointed  in  Ihe 
OfPuvrs'  Reserve  Corps  only  as  a.ssistant  veterinarians  with  the  rank  of  second 
lieutenant,  and  dental  .surgeons  may  be  appointed  therein  only  as  first  lieutt-nant, 
and  that  in  neither  case  can  the  oflicer  attain  a  higher  rank  except  through 
active  service  for  the  time  prescribed  for  the  attainment  of  higher  rank. 

Held  further,  that  as  to  the  Medical  Department,  the  three  corps.  Medical, 
Dental,  and  Veterinary,  are  to  be  regarded  as  sei^arate  anrl  distinct  corps  for 
the  i»urpose  of  determining  the  |iro|»(»rtionate  number  of  odicers  t<»  be  connuis- 
sione<l  in  tlie  Oflicer.-'  Reserve  Corps:  and  that  the  proportion  of  the  grades  in 
the  Medical  Section  proper  of  the  Oflicers*  Reserve  Corps  should  be  deteiiiiiiied 
by  the  proportion  which  the  number  in  the  corresponding  grades  in  the  .Medi- 
cal Corps  of  the  Regular  Army  bear  to  the  total  number  <»f  oflicers  in  the  Medi- 
cal Corps  of  the  Regular  Army,  the  grades  of  captain  and  first  lieutenant  in  the 
Medical  Cori)s  of  the  Regular  Army  being  considered  one  grade,  that  of  fii'st 
lieutenant,  in  Jiiaking  the  coniputation  ;  and  that  the  api)ointments  to  the  ilental 
and  veterinary  sections  of  the  Officers'  Reserve  Corps,  being  only  to  the  lowe.st 
in  each,  will  be  unliniite<l  in  that  grade. 

lldd  further,  that  for  purposes  of  appointment  in  the  Officers'  Reserve  Corps 
the  htwest  authorized  grade  in  the  (Quartermaster  Corps  is  that  of  captain,  to 
which  grade  in  the  Officers'  Reserve  Corps  appointments  may  be  u>ilinnte<l. 

Jleld  further,  that  the  Signal  Corps  proper  and  the  Aviation  Section  each 
constitutes  a  corps  which  should  form  the  basis  of  au  organization  in  the  Otii- 


MILITARY   LAWS  OF   THE   UNITED  STATES,   1915.  435 

Kxcopt  as  otherwise  herein  provided,  a  member  of  the  Officers' 
Keserve  Corps  shall  not  be  subject  to  call  for  service  in  time  of 
peace,  and  whenever  called  upon  for  service  shall  not,  without  his 
consent,  be  so  called  in  a  lower  grade  than  that  held  by  him  in  said 
reserve  corps.    Sec,  37,  Act  of  June  3, 191G  (30  Stat.  jsh). 

1532a.  Appointments  in  Officers*  Rcserce  Corps  and  National  Army 
to  certain  cjrade^  in  designated  staff  corps. — During  the  existing 
emergency  the  President  is  authorized,  in  addition  to  the  grades 
now  authorized,  to  appoint  in  the  Officers'  Reserve  Corps  and  the 
National  Army  in  the  grades  of  second  and  fii'st  lieutenant  in  the 
Quartermaster  Corps;  second  lieutenant  in  the  Ordnance  Corps  and 
Signal  Corps;  second  lieutenant,  first  lieutenant,  and  captain  in  The 
Adjutant  GeneraTs  Department,  such  citizens  as  shall  be  found 
physically,  mentally,  and  morally  qualified  for  appointment.  Act  of 
Oct.  6,  1017  (40  Stat.  303), 

(For  the  ensuing  provision  of  this  act  see  paragraph  1537a,  post.) 

1533,  President  alone  authorized  to  appoint  and  commission  officers 
in  all  grades  up  to  and  including  major. — The  President  alone  shall 
be  authorized  to  appoint  and  commission  as  reserve  ollicers  in  the 
various  sections  of  the  Officers'  Reserve  Corps,  in  all  grades  up  to 
and  including  that  of  major,  such  citizens  as,  upon  examination  pre- 
scribed by  the  President,  shall  be  found  physically,  mentally,  and 
morally  qualified  to  hold  such  commissions.  Sec,  37^  Act  of  June  J, 
1016  (30  Stat.  180). 

1533a.  Appointment  of  former  officers  of  Regular  Army,  Volun- 
teer Army,  Organized  Militia,  or  National  Guard  to. — Any  former 
officer  of  the  Regular  Army,  the  Volunteer  Army,  the  Organized 
lililitia,  or  the  National  Guard,  under  the  age  of  sixty-four  years 
and  Avho  has  resigned  or  been  honorably  discharged  from  the  service 
after  a  total  commissioned  service  of  not  less  than  three  years  in 
either  the  Regular  Army,  the  Volunteer  Army,  the  Organized 
I^filitia,  or  the  National  Guard,  may,  upon  such  examination  and 
\N'ithin  such  age  limits  as  may  be  prescribed  by  the  President,  be 
appointed  and  commissioned,  in  the  discretion  of  the  President,  in 
any  appropriate  arm,  staff  corps,  department  or  section  of  t\w 
Officers'  Reserve  Corps,  with  rank  not  more  than  one  grade  higher 
than  any  previously  held  by  the  officer  in  either  of  said  forces,  but 

cers'  Reserve  Corps,  the  lowest  grade  in  the  Signal  Corps  being  that  of  first 
lifutei'.jiiit.  As  to  tlie  Aviation  Section,  held,  that  the  grade  of  aviator,  pro- 
vided for  in  sec.  13  of  tlie  national-defense  act.  was  created  as  a  means  of  meet- 
ing contingencies  and  sui>pl.ving  casual  deficiencies,  and  should  be  regarded  as 
temporary  and  not  as  a  permanent  grade  or  integral  part  of  the  Aviation  Sec- 
tion, such  as  should  be  made  a  basis  for  appointments  in  the  Oflicers'  Reserve 
Cfirps  hot  the  lowest  grnde  of  the  Avintion  Section  in  which  an  unlimited  num- 
ber of  oflicers  may  be  appoiuted  is  that  of  iirst  lieuteuaut.  (War  l>ept.  BulL 
81,  JSepL.  ili,  lUiO.) 


436  MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 

in  no  case  above  that  of  lieutenant  colonel.     Act  of  May  12,  J 917 
(40  Stat.  73), 

1534.  Same — Proportion  of  officers  in  any  section  not  to  e.i:ceed 
proportion  of  same  grade  in  Regular  Army, — The  proportion  of 
officers  in  any  section  of  the  Officers'  Reserve  Corps  shall  not  exceed 
the  proportion  for  the  same  grade  in  the  corresponding  arm,  corps, 
or  department  of  the  Regular  Army,  except  that  the  number  com- 
missioned in  the  lowest  authorized  grade  in  any  section  of  the  Offi- 
cers' Reserve  Corps  shall  not  be  limited.^  Sec,  37,  Act  of  June  3, 
1916  (39  Stat.  189), 

1535.  Persons  registered  as  qualified  under  Act  of  January  21, 
1903,  to  he  eligible  for  appointment  in  for  three  years. — All  persons 
now  carried  as  duly  qualified  and  registered  pursuant  to  section 
twenty-three  of  the  Act  of  Congress  approved  January  twenty-first, 
nineteen  hundred  and  three,^  shall,  for  a  period  of  three  years  after 
the  passage  of  this  Act,  be  eligible  for  appointment  in  the  Officers' 
Reserve  Corps  in  the  section  corresponding  to  the  arm,  corps,  or  de- 
partment for  which  they  have  been  found  qualified,  without  furtlier 
examination,  except  a  physical  examination,  and  subject  to  the 
limitations  as  to  age  and  rank  herein  prescribed.''    Id, 

^  Held,  that  this  provision  does  not  limit  the  number  who  may  be  commis- 
sioned in  any  grade  above  the  lowest,  except  by  the  proportion  which  the  num- 
ber in  that  grade  in  the  corresponding  arm,  corps,  or  department  of  the  Regular 
Army  bears  to  the  number  in  other  grades  in  that  arm,  corps,  or  department,  and 
that  the  number  that  may  be  commissioned  is  unlimited  so  long  as  the  propor- 
tion between  grades,  except  as  to  any  maximum  number  for  the  lowest,  is 
maintained  in  the  same  manner  as  established  for  the  grades  of  the  correspond- 
ing arm,  corps,  or  department  of  the  Regular  Army.  (War  Dept.  Bull.  No.  28, 
Aug.  18,  1916.) 

Held,  with  respect  to  the  construction  of  section  37  of  the  national  defense 
act  of  June  3,  1916,  as  applied  to  the  Signal  Corps,  that  the  Signal  Corps  Sec- 
tion  of  the  Officers'  Reserve  Corps,  like  the  Regular  Army,  should  comprise 
two  divisions,  i.  e.,  the  Signal  Corps  proper  and  the  Aviation  Section  thereof; 
that  the  proportion  of  officers  of  the  several  grades  in  each  division  should 
conform  to  the  proportion  of  the  respective  divisions  of  the  Signal  Corps  of 
the  Regular  Army,  except  in  the  lowest  grade;  and  that  such  proportion  will 
practically  correspond  to  the  organization  now  prescribed  for  the  units  of  the 
respective  divisions  of  the  Regular  Army. 

Held  further,  that  the  organization  of  the  units  of  the  respective  sections 
may  be  proceeded  with  in  the  usual  manner,  provided  the  units,  when  com- 
plete, will  not  give  a  proportion  of  officers  in  any  grade  of  the  particular  sec- 
tion of  the  Signal  Corps  in  excess  of  the  proportion  prescribed  in  the  statute; 
tliat  the  proportion  indicated  by  the  s'tatute  must  be  maintained  in  the  par- 
ticular section  of  the  Signal  Corps  as  a  whole,  but  need  not  be  maintained  in 
a  particular  unit  of  that  section  unless  the  departure  from  the  proportion  in 
thai,  unit  would  render  the  composition  of  the  whole  section  such  as  to  violate 
tlie  rule.     (War  Dept.  Bull.  34,  June  8,  1917.) 

'  See  footnote  to  par.  1388,  ante,  or  32  Stat.  779. 

^  Held,  that  while  this  provision  of  the  statute  declares  the  persons  therein 
described  to  be  eligible  for  appointment  in  the  Officers'  Reserve  Corps,  it  is  not 
a  mandate  for  their  appointment;  and,  if  for  reasons  of  national  policy  the 
President  may  decide,  as  it  is  apparent  he  has  decided,  that  persons  holding 
commissions  in  available  military  forces  of  the  United  States  shall  not  also  be 
<','>nuuissioned  in  the  Officers'  Reserve  Corps,  the  provision  of  section  37  of  the 
national-defense  act  just  quoted  is  not  violated.  The  eligibility  of  such  officers 
is  not  interfered  witii,  though,  for  the  reason  that  they  already  bear  a  relation 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1&15.  437 

1536.  Barrhe — Persons  qualified  for  grade  of  lieutenant  colonel  or 
colonel  to  he  appointed  as  such,  but  when  they  become  separated 
from  the  corps  the  grades  to  cease  and  detet^rrdne. — Any  person  car- 
ried as  qualified  and  registered  in  the  grade  of  colonel  or  lieutenant 
colonel  pursuant  to  the  provisions  of  said  Act  on  the  date  when  this 
Act  becomes  effective  may  be  commissioned  and  recommissioned  in 
tlie  Officers'  Reserve  Corps  with  the  rank  for  which  he  has  been 
found  qualified  and  registered,  but  when  such  person  thereafter 
siiall  become  separated  from  the  Officers'  Reserve  Corps  for  any  rea- 
son the  vacancy  so  caused  shall  not  be  filled,  and  such  office  shall 
coase  and  determine.     Id. 

1536a.  Commissions  and  rank  of  officers  who  were  qualified  at  date 
of  act,  or  who  had  Federal  service  with  National  Guard  or  Organized 
Militia. — The  second  proviso  of  section  thirty-seven  of  the  Act  of 
June  third,  nineteen  hundred  and  sixteen,  entitled  "An  Act  for 
making  further  and  more  effectual  provision  for  the  national  de- 
fense, and  for  other  purposes,"  be  amended  as  follows:  Provided, 
That  any  person  who  on  June  third,  nineteen  hundred  and  sixteen, 
was  carried  as  qualified  and  registered  in  the  gi-ade  of  colonel  or 
lieutenant  colonel  pursuant  to  the  provisions  of  the  Act  of  January 
twenty-first,  nineteen  hundred  and  three,  or  any  person  holding  a 
commission  as  colonel  or  lieutenant  colonel  in  the  National  Guard  of 
any  State,  Territory,  or  the  District  of  Columbia  on  June  third, 
nineteen  hundred  and  sixteen,  who  has  served  satisfactorily  as  such 
in  the  service  of  the  United  States  under  the  call  of  May  ninth, 
nineteen  hundred  and  sixteen,  or  that  of  June  eighteenth,  nineteen 
hundred  and  sixteen,  may  be  commissioned  or  recommissioned  in  the 
Officers'  Reserve  Corps  with  rank  for  which  he  had  been  found  quali- 
fied and  registered,  or  which  he  held  in  the  National  Guard  on  June 
third,  nineteen  hundred  and  sixteen,  or  while  in  the  service  of  the 
United  States;  but  when  such  person  shall  become  thereafter  sepa- 
rated from  the  Officers'  Reserve  Corps  for  any  reason,  the  vacancy 
so  caused  shall  not  be  filled  and  such  office  shall  cease  and  determine. 
Act  of  May  12, 1917  {40  Stat.  73),  amending  Sec.  37^  Act  of  June  3, 
1916  {39  Stat.  189). 

1536b.  Recommission  of  officer  called  for  service  in  lower  grade. — 
Any  officer  of  the  Officers'  Reserve  Corps  called  for  service  with  his 

to  file  G<n-ornment  which  is  equivalent  to  that  which  would  be  established  bj* 
their  appointment  in  the  Officers'  Reserve  Corps,  and  which  renders  their  ap- 
point iiienf  unnecessary  for  the  attainment  of  the  purpose  of  the  law  creating 
tlio  OfTicei-s'  Reserve  Corps,  the  President  has.  in  his  discretion,  determined  and 
or(l(  rod  fliat  they  shall  not  be  appointed. 

Held  further,  that  enlisted  men  of  the  Regular  Army  or  National  Guard  who 
are  found  qualified  upon  examination  may  be  commissioned  in  the  Officers* 
Reserve  Corps  without  impairment  of  their  enlisted  status,  and  that  officers  of 
the  OflJicers'  Reserve  Corps  may.  if  otherwise  eli^ble,  enlist  in  the  Regular  Array 
or  National  Guard.     (War  Dept.  Bull.  No.  9,  Feb.  2,  1917.) 


438  MILITAKY  LAWS  OF  THE   UNITED  STATES,  1915. 

consent  in  a  lower  jrrade  than  that  held  by  him  in  said  Keserve  Corps 
shall,  subject  to  such  physical  examination  as  may  be  prescribed,  bo 
considered  eli^^ible  for  recommission  in  such  lower  grade.     Id. 

1537.  Age  limit  for  appointment  in  and  discharge  of  oficers  after 
having  passed  such  limit. — No  person  shall,  except  as  hereinafter 
provided,  be  appointed  or  reappointed  a  second  lieutenant  in  tho 
Officers'  Reserve  Corps  after  he  shall  have  reached  the  age  of  thirty- 
two  years,  a  first  lieutenant  after  he  shall  have  reached  the  age  of 
thirty-six  years,  a  captain  after  he  shall  have  reached  the  age  of 
forty  years,  or  a  major  after  he  shall  have  reached  the  age  of  forty- 
five  years.  AVhen  an  officer  of  the  Reserve  Corps  shall  reach  tho 
age  limit  fixed  for  appointment  or  reappointment  in  the  gi'ade  in 
which  commissioned  he  shall  be  honorably  discharged  from  tho 
service  of  the  United  States,  and  be  entitled  to  retain  his  official 
title  and,  on  occasions  of  ceremony,  to  wear  the  uniform  of  the  high- 
est grade  he  shall  have  held  in  the  Officers'  Reserve  Corps.  Sec.  37y 
Act  of  June  5, 1916  (30  Stat.  ISO), 

1537a.  No  discharge  of  officers  on  reaching  age  limit  during  ex- 
isting emergency. — During  the  existing  emergency  no  member  of  the 
Officers'  Reserve  Corps  shall  be  discharged  by  reason  of  reaching  tho 
age  limits  provided  in  section  thirty-seven  of  the  national  defense  Act 
approved  June  third,  nineteen  hundred  and  sixteen.  Act  of  Oct.  6*, 
1017  (AG  Stat.  303), 

(For  preceding  provision  of  this  act  see  pnragrnph  1532a,  ante.) 

1538.  Same — Not  to  apply  to  appointment  or  reappointment  of 
officers  in  certain  staff  departments. — Nothing  in  the  foregoing  pro- 
visions as  to  the  ages  of  officers  shall  apply  to  the  appointment  or 
reai)pointment  of  officers  of  the  Quartermaster,  Engineer,  Ordnance, 
Signal,  Judge  Advocate,  and  Medical  sections  of  said  Rcsen'e  Corps. 
Sec.  37,  Act  of  June  3, 1016  {30  Stat.  100). 

1539.  Medical  Reserve  Corps  to  cease  to  exist  one  year  after  pas- 
sage of  Act;  officers  of^  may  he  appointed  in  Officers''  Reserve 
Corps. — One  year  after  the  passage  of  this  Act  the  Medical  Reserve 
Corps,  as  now  constituted  by  law,  shall  cease  to  exist.  Members 
thereof  may  be  commissioned  in  the  Officers'  Reserve  Corps,  subject 
to  the  provisions  of  this  Act,  or  may  be  honorably  discharged  from 
the  service.^    Id, 

(For  composition  of  the  IMedioal  Depnrtment  see  pnrnprnph  72.Sn.  anil  for 
old  law  relating  to  Me<lical  Ueserve  Cori)S  see  parngrnphs  744-740,  ante.) 

^  Held,  that  the  art  of  March  4,  1911,  which  created  the  Modicjil  Tleserve 
Corps.  cnnfprre«l  upon  the  holders  of  conunissions  issued  tlierciirider  "all 
authority,  rights,  and  priviliges  of  counnissloned  ofTicers  of  the  like  grade  in 
the  Medical  Corps  of  the  Army,  except  prouiotion,  l)ut  only  when  calle«I  into 
active  duty."  and  that  as  section  37  of  the  national  defense  act  inalces  oflieers  of 
the  Medical  Ileserve  Corps  eligihle  for  appointment  to  the  medical  section  of 
the  Othcers'  Reserve  Corps,  and  further  that  the  **  Medical  Iteserve  Corps  as  now 


MILITARY   LAWS  OF   THE   UNITED  STATES,  1915.  439 

1540.  Certain  officers  of  the  medical  section^  Officers^  Reserve  Corps, 
may  be  assigned  to  active  duty  in  tline  of  peace;  pay  of. — The  Secre- 
tary of  War  may,  in  time  of  peace,  order  first  lieutenants  of  the 
medical  section  of  the  Officers'  Kescrve  Corps,  with  their  consent,  to 
active  duty  in  the  service  of  the  United  States  in  such  numbers  as 
the  public  interests  may  require  and  the  funds  appropriated  may 
permit,  and  may  relieve  them  from  such  duty  when  their  services 
are  no  longer  necessary.  AVhile  on  such  duty  they  shall  receive  the 
pay  and  allowances,  including  pay  for  periods  of  sickness  and  leaves 
of  absence,  of  officers  of  corresponding  rank  and  length  of  active 
service  in  the  Regular  Army.    Id. 

1541.  Cormnisslons  to  be  in  force  for  a  period  of  five  years. — The 
commissions  of  all  officers  of  the  OfficeiV  Keserve  Corps  shall  be  in 
force  for  a  period  of  five  years  unless  sooner  terminated  in  the 
discretion  of  the  President.^    Id. 

1542.  Same — May  be  re  commissioned  for  successive  perix)ds  in 
same  or  higher  grades. — Such  oflficers  may  be  recommissioned,  either 
in  the  same  or  higher  grades,  for  successive  periods  of  five  years, 
subject  to  such  examinations  and  qualifications  as  the  President  ma}' 
prescribe  and  to  the  age  limits  prescribed  herein.    Id. 

1543.  Rank  of  officers  in  vari.ous  sections  to  be  according  to  grades 
and  length  of  service  therein. — Officers  of  the  Officers'  Reserve  Corps 
shall  have  rank  therein  in  the  various  sections  of  said  Reserve  Corps 
according  to  grades  and  to  length  of  service  in  their  grades.     Id. 

1544.  Assignment  to  duty  in  time  of  war^  rank,  V^Ut  ^^^' — ^^  time 
of  actual  or  threatened  hostilities  the  President  may  order  officers  of 
the  Oflficers'  Reserve  Corps,  subject  to  such  subsequent  physical 
examinations  as  he  may  prescribe,  to  temporary  duty  with  the 
Regular  Army  in  grades  thereof  which  can  not,  for  the  time  being, 
be  filled  by  promotion,  or  as  officers  in  volunteer  or  other  organiza- 
tions that  may  be  authorized  by  law,  or  as  oflficers  at  recruit  ren- 
dezvous and  depots,  or  on  such  other  duty  as  the  President  may 
prescribe.  While  such  reserve  officers  are  on  such  service  they  shall, 
by  virtue  of  their  commissions  as  reserve  officers,  exercise  command 

c<»nstitiite«l  by  law"  shall  ^' cease  to  exist  one  year  after  tlie  passajre"  of  ttie 
nnti«m;!l  defense  act.  the  sale  of  onhiance  or  onhiance  proijerty  to  ofTicers  ns 
meinhers  of  the  Medical  Reserve  Corps,  such  oflicers  not  beiiijr  in  active  service, 
would  he  of  doubtful  leprality.  and  rerouiniended  that  such  sale  be  not  made 
when  the  oflicer  will  not  be  appointed  to  the  Officers'  Reserve  Corps. 

Held  further,  that  i)arapniph  ir»20.  Army  Kejrulations,  as  to  sales  of  ordnance, 
etc..  to  officers,  etc.,  is  sufficiently  l)road  to  include  members  of  the  Officers* 
Keserve  Corps.  This  accords,  in  principle,  with  the  opinion  of  the  .T>i<lj:e  Advo- 
cate fJeneral  of  November  9,  iniG.  to  the  effect  that  as  the  Officers'  Iteserve 
Corps  is  an  Intejiral  part  of  the  Army  of  the  Unite«l  States  as  established  by 
section  1  of  the  national-fedense  act.  its  members  are  entitled  to  jmrchase  uni- 
forms, clothin;:.  and  equipatre  under  paragrai)h  1174,  Army  Regulations.  (War 
Dept.  Hull.  No.  3.  .fan.  10,  1917.) 

'  See  note  to  paragraph  8*Jf)a  as  to  distinction  between  commission  in  the 
Oflicers*  Keserve  Corps  and  tlie  Kegular  Army,  etc 


440  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

appropriate  to  their  grade  and  rank  in  the  organizations  to  T^hich 
they  may  be  assigned,  and  shall  be  entitled  to  the  pay  and  allowances 
of  the  corresponding  grades  in  the  Regular  Army,  with  increase  of 
pay  for  length  of  active  service,  as  allowed  by  law  for  officers  of  tb.e 
Regular  Army,  from  the  date  upon  which  they  shall  be  required  by 
the  terms  of  their  orders  to  obey  the  same/    Sec.  38,  id. 

1544a.  Restoration  to  positions  of  Federal  or  District  of  Columhia 
employees  ordered  to  active  duty  as  merribers  of  Officers^  Reserve 

^  Held,  that  sections  37  and  38  of  the  national-defense  act  prescribing  the 
duties  of  members  of  the  Officers'  Reserve  Corps  operate  to  limit  the  duties  upon 
which  such  officers  may  be  employed  to  activity  in  connection  with  military 
forces  actually  in  the  service  of  the  United  States,  and  that  such  officers  are 
not  eligible  for  detail,  as  officers  of  the  Army,  for  duty  at  educational  institu- 
tion.    (War  Dept.  Bull.,  No.  39,  Oct.  6,  1916.) 

Upon  the  question  whether  a  reserve  officer  of  the  grade  of  major  could  be 
assigned  to  active  service  as  an  assistant  to  an  officer  of  the  Regular  Army  of 
the  grade  of  captain, 

Held,  that  since  it  is  provided  in  section  38  of  the  national-defense  act  that 
vi^hile  reserve  officers  are  on  active  service  they  shall,  "  by  virtue  of  their  <<tin- 
missions  as  reserve  officers,  exorcise  command  appropriate  to  their  grade  and 
rank  in  the  organizations  to  which  they  may  be  assigned,  *  *  * :  Provided, 
That  officers  so  ordered  to  active  service  shall  take  temporary  rank  among  them- 
selves, and  in  their  grades  in  the  organizations  to  which  assigned,  according;  to 
the  dates  of  orders  placing  them  on  active  service ;  *  *  *"  the  question  nti'st 
be  answered  in  the  negative.     (War  Dopt.  Bull.  34,  June  8,  1917.) 

Upon  the  question  whether  officers  of  the  Officers'  Reserve  Corps  of  the  Aiiiiy 
are  entitled  to  mileage  for  travel  in  joining  their  first  duty  station  under  A\'ar 
Department  orders, 

Held,  that  the  provision  in  section  38,  national-defense  act  of  June  3,  1910, 
that  members  of  the  Officers'  Reserve  Corps  "shall  be  entitled  to  the  pay  and 
allowances  of  the  corresponding  grades  in  the  Regular  Array  *  *  *  from 
the  date  upon  which  they  shall  be  required  by  the  terms  of  their  orders  to  obey 
the  same,"  clearly  entitles  such  officers  to  mileage  for  the  travel  performed, 
mileage  being  an  allowance.  (Comp.  Treas.,  June  6,  1917 ;  War  Dept.  Bull.  49, 
Aug.  22,  1917.) 

In  the  case  of  certain  members  of  the  Officers'  Reserve  Corps  and  officers  of 
the  National  Guard  on  duty  at  a  military  post,  the  question  was  raised  as  to 
the  legality  of  their  being  charged  by  the  Quartermaster  Corps  for  fuel  and  light 
consumed  by  them  in  public  quarters. 

Held,  that  Congress  has  very  clearly  manifested  its  intention  in  legislation 
that  National  Guard  troops  and  members  of  the  Officers'  Reserve  Corps  in  the 
active  service  of  the  United  States  shall  receive  the  same  pay  and  allowances 
as  is  provided  by  law  for  officers  and  enlisted  men  of  the  Regular  Army  of  like 
grades,  and  that  under  the  act  of  March  2,  1907  (34  Stat.  1167),  all  officers 
are  entitled  to  heat  and  light  actually  necessary  for  the  allowance  of  quarters 
to  which  they  are  entitled  and  have  been  assigned,  and  in  case  National  Guard 
officers  and  members  of  the  Officers'  Reserve  Corps  on  duty  at  any  military 
post  are  duly  occupying  their  authorized  allowance  of  public  quarters  at  sucii 
post,  they  should  not  be  charged  for  heat  and  light  actually  neces.sary  for  such 
quarters.     (War  Dept.  Bull.  54,  Sept.  26,  1917.) 

Under  the  thirty-eighth  section  of  the  national-defense  act  of  June  3,  1916, 
and  the  one  hundred  and  nineteenth  article  of  war  captains  in  the  Reguhir 
Army  assigned  to  active  duty  as  junior  military  aviators  and  automatically 
thereby  obtaining  the  rank  of  major  outrank  and  have  precedence  over  officers 
of  the  same  grade  in  any  forces  drafted  or  called  into  the  service  of  the  United 
States,  such  as  the  Officers'  Reserve  Corps.     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

In  time  of  actual  or  threatened  hostilities  the  President  may  order  officers  of 
the  Officers'  Reserve  Corps  to  temporary  duty  with  the  Regular  Army  in  grades 
that  can  not  be  filled  by  promotion,  or  to  duty,  permanent  or  temporary,  in 
authorized  positions  in  volunteer  or  other  organizations,  which  include  tlie 
National  Guard  drafted  into  the  Federal  service  or  the  National  Army.  (War 
Dept.  Bull.  75,  Dec.  31,  1917.) 


MILITARY   LAWS  OF   THE   UNITED   STATES,   1915.  441 

Corps. — Members  of  the  Officers'  Eeserve  Corps  who  are  in  the  em- 
ploy of  the  United  States  Government  or  of  the  District  of  Columbia 
and  who  are  ordered  to  duty  by  proper  authority  shall,  when  relieved 
from  duty,  be  restored  to  the  positions  held  by  them  when  ordered 
to  duty.     Act  of  May  12, 1917  \lfi  Stat.  72). 

1544b.  Prohibition  against  acceptance  of  voluntary  service  not 
applicable  to. — Section  three  ^  of  the  Act  approved  February  twenty- 
seventh,  nineteen  hundred  and  six,  entitled,  "An  Act  making  appro- 
priations to  supply  urgent  deficiencies  in  the  appropriations  for 
the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and  six, 
and  for  prior  years  and  for  other  purposes,"  shall  not  be  construed 
to  prohibit  the  Secretary  of  War  from  accepting  the  gratuitous  serv- 
ices of  members  of  the  Officers'  Eeserve  Corps  of  the  Army  in  the 
furtherance  of  the  enrollment,  organization,  and  training  of  the 
Officers'  Reserve  Corps,  the  Reserve  Officers'  Training  Corps,  or  the 
Enlisted  Reserve  Corps  of  the  Army  or  in  consultation  upon  matters 
relating  to  the  military  service.     Id. 

1545.  Same — Take  temporary  rank  among  themselves  according  to 
date  of  assignment  to  active  duty;  proTnotion  to  vacancies  in  volun- 
teers and  to  temporary  vacancies  in  Regular  Army. — Officers  so 
ordered  to  active  service  shall  take  temporary  rank  among  them- 
selves, and  in  their  grades  in  the  organizations  to  which  assigned, 
according  to  the  dates  of  orders  placing  them  on  active  service ;  and 
they  may  be  promoted,  in  accordance  with  such  rank,  to  vacancies 
in  volunteer  organizations  or  to  temporary  vacancies  in  the  Regular 
Army  thereafter  occuring  in  the  organizations  in  which  they  shall 
be  serving.    Sec.  38,  Act  of  June  S,  1916  {39  Stat.  190). 

1546.  Officers  of  not  entitled  to  retirement  or  retired  pay;  pension- 
able status. — Officers  of  the  Officers'  Reserve  Corps  shall  not  be 
entitled  to  retirement  or  retired  pay,  and  shall  be  entitled  to  pension 
only  for  disability  incurred  in  the  line  of  duty  and  while  in  active 
service.     Id. 

1547.  Subject  to  rules  and  articles  of  war  when  ordered  to  active 
service. — Any  officer  who,  while  holding  a  commission  in  the  Officers' 
Reserve  Corps,  shall  be  ordered  to  active  service  by  the  Secretary  of 
War  shall,  from  the  time  he  shall  be  required  by  the  terms  of  his 
order  to  obey  the  same,  be  subject  to  the  laws  and  regulations  for  the 
government  of  the  Army  of  the  United  States,  in  so  far  as  they  are 
applicable  to  officers  whose  permanent  retention  in  the  military 
service  is  not  contemplated.     Id.  191. 

1548.  May  be  ordered  to  duty  with  troops,  etc.,  for  instruction. — 
To  the  extent  provided  for  from  time  to  time  by  appropriations  for 
this  specific  purpose,  the  Secretary  of  War  is  authorized  to  order 

*  See  paragraph  188,  ante,  or  34  Stat.  48. 


442  MILITARY  LAWS  OF  THE  UNITED  STATES,  1015. 

reserve  officers  to  duty  with  troops  or  at  field  exercises,  or  for  instmc- 
tion,  for  periods  not  to  exceed  fifteen  days  in  any  one  caleiuhir  year, 
and  while  so  serving  such  officers  shall  receive  the  pay  and  allow- 
ances of  their  respective  grades  in  the  Rogidar  Arm^^^     Sec.  39^  id. 

1549.  Same — Period  of  instruction  may  he  extended  with  consent  of 
reserve  officers. — With  the  consent  of  the  reserve  officers  concerned, 
and  within  the  limit  of  funds  available  for  the  purpose,  such  periods 
of  duty  may  be  extended  for  reserve  officers  as  tlie  Secretary  of  AVar 
may  direct.     Id, 

1549a.  Leaves  of  absence  to  Federal  or  District  of  Columbia  em- 
ployees  who  are  Tnembers  of  Officers'^  Reserve  Corps. — All  officei'S  and 
employees  of  the  United  States  or  of  the  District  of  Columbia  who 
shall  be  members  of  the  Officers'  Reserve  Corps  shall  be  entitled  to 
leave  of  absence  from  their  respective  duties,  without  loss  of  pay, 
time,  or  efficiency  rating,  on  all  days  during  which  they  shall  be 
ordered  to  duty  with  troops  or  at  field  exercises,  or  for  instruction, 
for  periods  not  to  exceed  fifteen  days  in  any  one  calendar  year.' 
Act  of  May  12,  1917  (40  Stat.  72). 

1550.  In  time  of  war  all  officers  of  to  be  ordered  into  active  service 
before  appointment  of  volunteer  officers. — In  time  of  actmil  or  threat- 
ened hostilities,  after  all  available  officers  of  any  section  of  the 
Officers'  Reserve  Corps  corresponding  to  any  arm,  corps,  or  depart- 
ment of  the  Regular  Army  shall  have  been  ordered  into  active  serv- 
ice, officers  of  Volunteers  may  be  appointed  in  such  arm,  corps,  or 
department  as  may  be  authorized  by  law.    Id. 

1551.  Same — Does  not  prevent  appointment  of  officers  of  Regular 
Army  as  officers  of  Volunteers  before  all  officers  of  are  ordered  to 
active  service. — Nothing  herein  shall  operate  to  prevent  the  appoint- 
ment of  any  officer  of  the  Regular  Army  as  an  officer  of  Volunteers 
before  all  the  officers  of  the  Officers'  Reserve  Corps  or  any  section 
thereof  shall  have  been  ordered  into  active  service.    Id. 

(See  panip:raph  1388,  ante.) 

1552.  Relative  rank  and  right  to  retirement  of  officers  of  Regular 
Army  not  affected  by  active  service  in. — In  determining  the  relative 

'^  Held,  that  reserve  ofTifers.  whon  ordered  to  aotlve  duty  in  nocorrlnnre  with 
.sections  37  and  30  of  tlie  nationnl-defense  act  "  for  duty  witii  troops."  may, 
wlnle  in  active  service  for  sn«'l)  duty.  I)e  assijxned  to  any  duty  in  connection  with 
such  trooi^s  to  wliicli  Ue;rul5ir  Artny  officers  serving:  tlierewitli  may  l)e  jissiixneil, 
including  duty  as  dishursinj;  oHicers.     (War  Dept.  P.ull  No.  3.  .Tan.  10,  1017.) 

*  Held,  tliat  an  employee  <»f  tl»e  Unite<l  States  on  leave  of  ahsence  an<1  attend- 
in,!^  an  officers'  trainin;::  camp  as  a  candidate  for  a  commission  in  tlie  Ofiicers* 
Reserve  C<»rps  of  tlie  Army  may  n<»t  lawfully  receive  his  rejrnlar  compensa- 
tion as  a  civilian  employee  for  sucli  period  in  addition  to  pay  as  such  candidate 
when  the  annual  rate  of  rlie  combined  cojiipensation  so  re<-elved  exceeds  .$2.0<M>, 
in  view  of  tlie  act  of  Anirust  20.  1010  (.30  Stat..  r)S2).  amendin}:  section  (5.  act  oC 
May  10,  1010:  and  further,  tliat  lie  can  not  elect  to  refuse  his  military  fiay  in 
order  to  accept  the  pay  of  his  civil  position.  (Comp.  Treas.,  June  25,  1917; 
War  Dept.  Bull.  49,  Aug.  22,  1917.) 


MILITARY  LAWS  OF  THE  UNITED  STATES,   1915.  443 

rank  and  the  right  to  retirement  of  an  officer  of  the  Regular  Army, 
af'tiv©  duty  performed  by  him  while  serving  in  tho  Officers'  Heserve 
Corps  shall  not  be  reckoned.    Id, 
(See  paruijraplis  353  and  9G2-0C4,  ante.) 


1553.  Senior  and  jvnior  divisions  of^  to  he  organized  at  certain  uni- 
versitirs  and  colleges. — The  President  is  hereby  authorized  to  estab- 
lish and  maintain  in  civil  educational  institutions  a  Reserve  Officers' 
Training  Corps,  which  shall  consist  of  a  senior  division  organized 
at  universities  and  colleges  requiring  four  years  of  collegiate  study 
for  a  degree,  including  State  universities  and  those  State  institutions 
that  are  required  to  provide  instruction  in  military  tactics  under  the 
provisions  of  the  Act  of  Congress  of  July  second,  eighteen  hundred 
and  sixty-two,  donating  lands  for  the  establishment  of  colleges 
where  the  leading  object  shall  be  practical  instruction  in  agriculture 
and  the  mechanic  arts,  including  military  tactics,  and  a  junior  divi- 
sion organized  at  all  other  public  or  private  educational  institutions, 
except  that  units  of  the  senior  division  may  be  organized  at  those 
essentially  military  schools  which  do  not  confer  an  academic  degree 
but  which,  as  a  result  of  the  annual  inspection  of  such  institutions  by 
the  War  Department,  are  specially  designated  by  the  Secretary  of 
War  as  qualified  for  units  of  the  senior  division,  and  each  division 
shall  consist  of  units  of  the  several  arms  or  corps  in  such  number 
and  of  strength  as  the  President  may  prescribe.    See  iO.  id. 

1553a.  Firftt  Corps  Cadets^  National  Guard  of  Massachusetts^  des- 
ignated as  unit  of  Senix)r  Division. — The  Secretary  of  War,  in  his 
discretion,  is  authorized  to  designate  the  First  Corps  ^Cadets  of  the 
National  Guard  of  Massachusetts  as  a  unit  of  the  Senior  Division  of 
the  Reserve  Officers'  Training  Corps.  Act  of  May  12,  1917  (40 
Sfat.  71). 

1553b.  Some — Suhject  to  rules  and  regulations  prescribed  for  Re- 
serve Officers'*  Training  Corps. — The  First  Corps  Cadets  shall  be 
subject  to  such  rules  and  regulations  as  may  be  prescribed  under 
the  provisions  of  the  National  Defense  Act  of  June  third,  nineteen 
hundred  and  sixteen,  or  amendments  thereto,  relating  to  the  Reserve 
Officers'  Training  Corps.    Id. 

1553c.  Same — Waiving  of  drill  and  instructions  required  from  as 
a.  National  Guard  organization. — The  drill  and  instruction,  includ- 
inir  indoor  target  practice,  required  of  the  First  Corps  Cadets  as  a 
National  Guard  organization  is  hereby  waived.     Id. 

1553d.  Same — Ancient  privileges  recognized  hy  National-Defenfie 
Act  to  remain  in  full  force  and  effect. — The  privileges  and  benefits 
extended  by  existirg  law  to  National  Guard  organizations,  including 
those  organizations  provided  for  in  section  sixty-three  of  the  Na- 


444  MILirAB_Y   LAWS   OF  THE  UNITED  STATES,  1916. 

tional  Defense  Act  of  June  third,  nineteen  hundred  and  sixteen,  be 
continued  in  full  force  and  effect.    Id. 

(See  paragraphs  1327a-1327c,  ante.) 

1554.  Same — One  or  more  units  may  he  established  on  application 
of  any  qualified  State  institution. — The  President  may,  upon  the 
application  of  any  State  institution  described  in  section  forty  of 
this  Act,  establish  and  maintain  at  such  institution  one  or  more  units 
of  the  Reserve  Officers'  Training  Corps.  Sec.  ^1,  Act  of  June  3^  1916 
{39  Stat.  191) . 

1555.  Sam£. — Not  to  he  estahlished  until  after  officer  of  Army  has 
been  detailed  at  the  institution  a^  professor  of  military  science  and 
tactics. — No  such  unit  shall  be  established  or  maintained  at  any  such 
institution  until  an  officer  of  the  Army  shall  have  been  detailed  as 
professor  of  military  science  and  tactics,  nor  until  such  institution 
shall  maintain  under  military  instruction  at  least  one  hundred  physi- 
cally fit  male  students.    Id. 

1556.  Establishment  of  units  at  qualified  institutions^  other  than 
State  institutions^  maintaining  a  two  years'^  course  of  inilitary  train- 
ing. — The  President  may,  upon  the  application  of  any  established 
educational  institution  in  the  United  States  other  than  a  State  insti- 
tution described  in  section  forty  of  this  Act,  the  authorities  of  which 
agree  to  establish  and  maintain  a  two  years'  elective  or  compulsory 
course  of  military  training  as  a  minimum  for  its  physically  fit  male 
students,  which  course  when  entered  upon  by  any  student  shall,  as 
regards  such  student,  be  a  prerequisite  for  graduation,  establish  and 
maintain  at  such  institution  one  or  more  units  of  the  Reserve  Officers' 
Training  Corps.    Sec.  ^^,  id. 

1557.  Same — Not  to  he  established  until  after  officer  of  Army  has 
been  detailed  at  institution  as  professor  of  military  science  and  tac- 
tics.— No  such  unit  shall  be  established  or  maintained  at  aijy  such 
institution  until  an  officer  of  the  Army  shall  have  been  detailed  as 
professor  of  military  science  and  tactics,  nor  until  such  institution 
shall  maintain  under  military  instruction  at  least  one  hundred  physi- 
cally fit  male  students.    Id.  192. 

1558.  Secretary  of  War  to  prescribe  courses  of  military  training 
for  the  units. — The  Secretary  of  War  is  hereb}^  authorized  to  pre- 
scribe standard  courses  of  theoretical  and  practical  military  training 
for  units  of  the  Reserve  Officers'  Training  Corps,  and  no  unit  of  the 
senior  division  shall  be  organized  or  maintained  at  any  educational 
institution  the  authorities  of  which  fail  or  neglect  to  adopt  into  their 
curriculum  the  prescribed  courses  of  military  training  for  the  senior 
division  or  to  devote  at  least  an  average  of  three  hours  per  week  per 
academic  year  to  such  military  training;  and  no  unit  of  the  junior 
division  shall  be  organized  or  maintained  at  any  educational  institu- 
tion the  authorities  of  which  fail  or  neglect  to  adopt  into  their  cur- 


445 

riculum  the  prescribed  courses  of  military  training  for  the  junior 
division,  or  to  devote  at  least  an  average  of  three  hours  per  week  per 
academic  year  to  such  military  training.    &ec.  J^S^  id. 

1559.  Eligibility  for  memhership  in,  as  to  age,  citizenship,  etc, — 
Eligibility  to  membership  in  the  Reserve  Officers'  Training  Corps 
shall  be  limited  to  students  of  institutions  in  which  units  of  such 
corps  may  be  established  who  are  citizens  of  the  United  States,  who 
are  not  less  than  fourteen  years  of  age,  and  whose  bodily  condition 
indicates  that  they  are  physically  fit  to  perform  military  duty,  or  will 
be  so  upon  arrival  at  military  age.    Sec.  J^J^,  id. 

1560.  Detail  of  active  or  retired  officers  as  professors  for/  rank,  pay, 
term,  co^ulitions,  etc. — The  President  is  hereby  authorized  to  detail 
such  numbers  of  officers  of  the  Army,  either  active  or  retired,  not 
above  the  grade  of  colonel,  as  may  be  necessary,  for  duty  as  profes- 
sors and  assistant  professors  of  military  science  and  tactics  at  insti- 
tutions where  one  or  more  units  of  the  Reserve  Officers'  Training 
Corps  are  maintained;  but  the  total  number  of  active  officers  so  de- 
tailed at  educational  institutions  shall  not  exceed  three  hundred,  and 
no  active  officer  shall  be  so  detailed  who  has  not  had  five  years'  com- 
missioned service  in  the  Army.  In  time  of  peace  retired  officers  shall 
not  be  detailed  under  the  provisions  of  this  section  without  their  con- 
sent. Retired  officers  below  the  grade  of  lieutenant  colonel  so  de- 
tailed shall  receive  the  full  pa}^  and  allowances  of  their  grade,  and 
retired  officers  above  the  grade  of  major  so  detailed  shall  receive  the 
same  pay  and  allowances  as  a  retired  major  would  receive  under  a 
like  detail.  No  detail  of  officers  on  the  active  list  of  the  Regular 
Army  under  the  provisions  of  this  section  shall  extend  for  more  than 
four  years.    Sec.  45,  id. 

(See  paragraphs  942-950,  ante.) 

1561.  Same — Detail  of  enlisted  men,  active,  retired,  or  Regular 
Army  Reserve,  limit  as  to  active  who  are  to  he  additional,  etc. — The 
President  is  hereby  authorized  to  detail  for  duty  at  institutions  where 
one  or  more  units  of  the  Reserve  Officers'  Training  Corps  are  main- 
tained such  number  of  enlisted  men,  either  active  or  retired  or  of  the 
Regular  Army  Reserve,  as  he  may  deem  necessary,  but  the  number  of 
active  noncommissioned  officers  so  detailed  shall  not  exceed  five  hun- 
dred, and  all  active  noncommissioned  officers  so  detailed  shall  be  ad- 
ditional in  their  respective  grades  to  those  otherwise  authorized  for 
the  Army.  Retired  enlisted  men  or  members  of  the  Regular  Army 
Reserve  shall  not  be  detailed  under  the  provisions  of  this  section 
without  their  consent.  While  so  detailed  they  shall  receive  active 
pay  and  allowances.    Sec.  i6,  id. 

( See  paragraph  946,  ante ;  see  also  paragraph  1544b,  ante,  authorizing  accept- 
ance of  voluntary  services  of  members  of  Officers'  Reserve  Corps  for  training, 
etc.,  the  Officers'  Reserve  Corps;  the  Reserve  Officers'  Training  Corps,  or  the 
Enlisted  Reserve  Corps,  etc) 


446  MILITABY  LAWS  OF  THE  UNITED  STATES,  1915. 

1562.  Issue  of  public  animals^  arms^  uniforms,  equipment,  etc,  to 
inHtitutloiu  with  established  units. — The  Secietary  of  War,  under 
such  reguhUioiis  as  he  may  prescribe,  is  hereby  authorized  to  issue 
to  institutions  at  which  one  or  more  units  of  the  Keserve  Officers' 
Training  Corps  are  maintained  such  public  animals,  arms,  uniforms, 
equipment,  and  means  of  transportation  as  he  may  deem  necessary, 
and  to  forage  at  the  expense  of  the  United  States  public  animals  so 
issued.  lie  shall  require  from  each  institution  to  which  property 
of  the  United  States  is  issued  a  bond  in  the  value  of  the  property 
issued  for  the  care  and  safe-keeping  thereof,  and  for  its  return  when 
required.     Sec,  ^7,  id, 

(See  paragraphs  951-055  and  954a-954b,  ante.) 

1562a.  Commutation  for  uniforms  supplied  by  educational  institu- 
tion.<i. — The  Secretary  of  War  may,  in  his  discretion  and  under  such 
regulations  as  he  may  prescribe,  permit  such  institutions  to  furnish 
their  own  uniforms  and  receive  as  commutation  therefor  the  sura 
allotted  by  the  Secretary  of  War  to  such  institutions  for  uniforms.' 
Act  of  May  12,  1017  (40  Stat  71), 

1563.  Issue  of  military  equipment  and  detail  of  instructors  at  other 
schools  and  colleges. — Such  arms,  tentage,  and  equipment  as  the  Sec- 
retary of  War  shall  deem  necessary  for  proper  military  training  shall 
bo  supplied  by  the  Government  to  schools  and  colleges,  other  than 
those  provided  for  in  section  forty-seven  of  this  Act,  having  a  course 
of  military  training  prescribed  by  the  Secretary  of  War  and  having 
not  less  than  one  hundred  physically  fit  male  students  above  the  age 
of  fourteen  years,  under  such  rules  and  i-egulations  as  he  may  pre- 
scribe; and  the  Secretary  of  War  is  hereby  authorized  to  detail  such 
commissioned  and  noncommissioned  officers  of  the  Army  to  said 
schools  and  colleges,  other  than  those  provided  for  in  section  forty- 
five  and  forty-six  of  this  Act,  detailing  not  less  than  one  such  officer 
or  noncommissioned  officer  to  each  five  hundred  students  under 
military  instruction.     Sec,  66,  Act  of  June  3,  1016  (30  Stat.  107). 

1564.  Camps  for  additional  training  of  members  of;  period  of 
enrampment,  equipment,  etc. — The  Secretary  of  AVar  is  hereby  au- 
thorized to  maintain  camps  for  the  further  practical  instruction  of 
die  members  of  the  Reserve  Officers'  Training  Corps,  no  such  cam})s 
to  be  maintained  for  a  period  longer  than  six  weeks  in  any  one  year, 
rxcept  in  time  of  actual  or  threatened  hostilities;  to  transport  mem- 

"  w  lerc  institutions,  at  which  one  or  more  units  of  the  Reserve  Oflicers' 
Trnininj:  Corps  are  maintained,  furnish  uniforms  for  ilu'ir  stu<lents  ami  receive 

onmuitntion  tlierefor  under  tlie  act  of  May  12,  1917  (40  Si:it.  40).  sucli  uni- 
lorins  remain  tiie  property  of  the  institutions  in  question,  or  of  the  students 
themselves.  Since  sucli  uniforms  are  not  the  property  of  tlie  I'nired  St:ites 
within  tlie  provisions  of  section  47  of  tlie  nsitional  defense  act  (81)  Stat.  192) 
neitlier  a  bond  nor  an  Insurance  policy  should  be  exacted  in  such  cases.  {Dig, 
Opiu.  J.  A.  G.,  February,  1918.) 


MILITARY   LAWS  OF   THE   UNITED   STATES,   1915.  447 

bers  of  such  corps  to  and  from  such  camps  at  the  expense  of  the 
United  States  so  far  as  appropriations  will  permit;  to  subsist  them 
at  the  expense  of  the  United  States  while  traveling  to  and  from 
such  camps  and  while  remaining  therein  so  far  as  appropriations 
will  permit;  to  use  the  Regular  Army,  such  other  military  forces  as 
Congress  from  time  to  tinje  authorizes,  and  such  Government  prop- 
erty as  he  may  deem  necessary  for  the  military  training  of  the  mem- 
bers of  such  corps  while  in  attendance  at  such  camps;  to  prescribe 
regulations  for  the  government  of  such  corps;  and  to  authorize  in 
his  discretion,  the  formation  of  company  units  thereof  into  battalion 
and  regimental  units.     Sec.  4S,  id.  103. 

1565.  President  alone  may  appoint  qualified  graduates  of.,  in  0-f]i- 
cers''  Reserve  Corps;  conditlotis. — The  President  alone,  under  such 
regulations  as  he  may  prescribe,  is  hereby  authorized  to  appoint  in 
the  Officers'  TJeserve  Corps  any  graduate  of  the  senior  division  of  the 
Reserve  Officers'  Training  Corps  who  shall  have  satisfactorily  com- 
pleted the  further  training  provided  fcr  in  section  fifty  of  this  Act, 
or  any  graduate  of  the  junior  division  who  shall  have  satisfactorily 
completed  the  courses  of  military  training  prescribed  for  the  senior 
division  and  the  further  training  provided  for  in  section  fifty  of 
this  Act,  and  shall  have  participated  in  such  practical  instruction 
subsequent  to  graduation  as  the  Secretary  of  War  shall  prescribe, 
who  shall  have  arrived  at  the  age  of  twenty-one  years  and  who 
shall  agree,  under  oath  in  writing,  to  serve  the  United  States  in  the 
capacity  of  a  reserve  officer  of  the  Army  during  a  period  of  at  least 
ten  years  from  the  date  of  his  appointment  as  such  reserve  officer, 
unless  sooner  discharged  by  proper  authority;  but  the  total  number 
of  reserve  officers  so  appointed  shall  not  exceed  fifty  thousand.  Sec, 
49,  id. 

1566.  Same — Qualified  graduates  not  eligible  for  appointment  tchlle 
undergoing  postgraduate  course. — Any  graduate  qualified  under  the 
provisions  of  this  section  undergoing  a  postgraduate  course  at  any 
institution  shall  not  be  eligible  for  appointment  as  a  reserve  officer 
while  undergoing  such  postgraduate  course,  but  his  ultimate  eligi- 
bility upon  completion  of  such  postgraduate  course  for  such  appoint- 
ment shall  not  be  afi'ected  because  of  his  having  undergone  such 
postgraduate  course.     Id. 

1567.  Members  who  hat^e  completed  two  years  of  training  may  be 
furnished  with  commutation  of  subsistence  for  remainder  of  course 
of  training . — When  any  member  of  the  senior  division  of  the  Reserve 
Officers'  Training  Corps  has  completed  two  academic  years  of  service 
in  that  division,  and  has  been  selected  for  further  training  by  the 
president  of  the  institution  and  by  its  professor  of  military  science 
and  tactics,  and  has  agreed  in  writing  to  continue  in  the  Reserve 


448  MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 

Officers'  Training  Corps  for  the  remainder  of  his  course  in  the  insti- 
tution, devoting  five  hours  per  week  to  the  military  training  pre- 
scribed by  the  Secretary  of  War,  and  has  agreed  in  writing  to 
pursue  the  courses  in  camp  training  prescribed  by  the  Secretary  of 
War,  he  may  be  furnished,  at  the  expense  of  the  United  States,  with 
commutation  of  subsistence  at  such  rate,  not  exceeding  the  cost  of 
the  garrison  ration  prescribed  for  the  Army,  as  may  be  fixed  by  the 
Secretary  of  War,  during  the  remainder  of  his  service  in  the  Reserve 
Officers'  Training  Corps.^     Sec.  60^  id. 

1068.  Same — Credit  to  he  given  for  military  training, — In  the  in- 
terpretation and  execution  of  section  fifty  of  the  Act  of  Congress 
{.pproved  June  third,  nineteen  hundred  and  sixteen,  credit  shall 
be  given  as  for  service  in  the  senior  division  of  the  Reserve  Officers' 
Training  Corps  to  any  member  of  that  division  for  any  period  or 
periods  of  time  during  which  such  member  has  received  or  shall 
have  received  at  any  educational  institution  under  the  direction  of 
an  officer  of  the  Army,  detailed  as  professor  of  military  science  and 
tactics,  a  course  of  military  training  substantially  equivalent  to 
that  prescribed  by  regulations  under  this  section  for  the  correspond- 
ing period  or  periods  of  training  of  the  senior  division,  Reserve 
Officers'  Training  Corps.  Joint  Resolution  of  Sept.  8,  1910  {39 
Stat.  853). 

1569.  Appointment  of  prior  graduates  of  institutions  giving  mili' 
tanj  training  to  Officers^  Reserve  Corps  and  as  temporary  additional 
second  lieutenants;  age  limit,  citizenship^  etc. — Any  physically  fit 
male  citizen  of  the  United  States,  between  the  ages  of  twenty-one 
and  twenty-seven  years,  who  shall  have  graduated  prior  to  the  date 
of  this  Act  from  any  educational  institution  at  which  an  officer  of 
the  Army  was  detailed  as  professor  of  military  science  and  tactics, 
and  who,  while  a  student  at  such  institution,  completed  courses  of 
military  training  under  the  direction  of  such  professor  of  military 
science  and  tactics  substantially  equivalent  to  those  prescribed  pur- 

*  Upon  the  question  as  to  whether  in  case  the  exigencies  of  the  service  require 
the  relief  of  the  professor  of  military  science  and  tactics  at  an  institution  at 
which  one  or  more  units  of  the  senior  division  of  the  Reserve  Officers'  Training 
Corps  have  been  established,  leaving  on  duty  only  enlisted  men  detailed  under 
section  46  of  the  national-defense  act.  in  the  absence  of  a  commissioned 
oflicer  can  the  "  military  training  prescribed  Dy  the  Secretary  of  War  "  under 
section  50  of  the  national-defense  act  of  June  3,  1916.  be  so  carried  on  as  to 
entitle  the  members  of  the  senior  division  at  the  institution,  who  have  complied 
with  all  requirements  so  far  as  they  are  concerned  to  be  paid  the  commutation 
of  subsistence  provided  by  said  section  50. 

Held,  that  the  presence  of  an  officer  of  the  Army,  active  or  retired,  as  pro- 
fessor of  military  science  and  tactics  is  a  condition  for  the  maintenance  of  a 
unit  of  the  training  corps  under  instruction  at  the  particular  institution ;  and 
that,  in  the  absence  of  such  instruction,  the  "  military  training  prescribed  by  the 
Secretary  of  War"  as  contemplated  by  the  national-defense  act,  can  not  be 
carried  on  so  as  to  entitle  the  members  of  the  senior  division  of  such  training 
corps  to  be  paid  the  commutation  of  subsistence  provided  by  section  50  of  said 
act.     (War  Dept.  Bui.  49,  Aug.  22,  1917.) 


MILITARY   LAWS  OF   THE  UNITED  STATES,  1916.  449 

siiant  to  this  Act  for  the  senior  division,  shall,  after  satisfactorily 
completing  such  additional  practical  military  training  as  the  Sec- 
retary of  War  shall  prescribe,  be  eligible  for  appointment  to  the 
Officers'  Reserve  Corps  and  as  a  temporary  additional  second  lieu- 
tenant in  accordance  with  the  terms  of  this  Act.  Sec.  51^  Act  of 
June  3,  1916   {39  Stat.  193). 

1570.  Appointments  hy  President  alone  of  reserve  officers  as  tem- 
porary second  lieutenants  of  Regular  Army  in  time  of  peace  for 
instruction. — The  President  alone  is  hereby  authorized  to  appoint 
and  commission  as  a  temporary  second  lieutenant  of  the  Regular 
Army  in  time  of  peace  for  purposes  of  instruction,  for  a  period  not 
exceeding  six  months,  with  the  allowances  now  provided  by  law  for 
that  grade,  but  with  pay  at  the  rate  of  $100  per  month,  any  reserve 
officer  appointed  pursuant  to  sections  forty-nine  and  fifty-one  of  this 
Act  and  to  attach  him  to  a  unit  of  the  Regular  Army  for  duty  and 
training  during  the  period  covered  by  his  appointment  as  such  tem- 
porary second  lieutenant,  and  upon  the  expiration  of  such  service 
with  the  Regular  Army  such  officer  shall  revert  to  his  status  as  a 
reserve  officer.    Sec.  52^  id,  19J^, 

(See  paragraphs  1565  and  1569,  ante.) 

1571.  Reserve  officers  and  temporary  second  lieutenants  not  entitled 
to  retirement  or  retired  pay;  peThsionable  status. — No  reserve  officer 
or  temporary  second  lieutenant  appointed  pursuant  to  this  Act  shall 
be  entitled  to  retirement  or  to  retired  pay  and  shall  be  eligible  for 
pension  only  for  disability  incurred  in  line  of  duty  in  active  service 
or  while  serving  with  the  Regular  Army  pursuant  to  the  provisions 
of  this  Act.    Sec.  63^  id. 

1672.  In  time  of  war  reserve  officers  mxiy  he  assigned  to  active  duty 
in  any  grades  not  helow  second  lieutenant^  and  are  subject  to  rules 
and  articles  of  war. — In  time  of  war  the  President  may  order  reserve 
officers  appointed  under  the  provisions  of  this  Act  to  active  duty 
with  any  of  the  military  forces  of  the  United  States  in  any  grades 
not  below  that  of  second  lieutenant,  and  while  on  such  active  duty 
they  shall  be  subject  to  the  Rules  and  Articles  of  War.    Id. 

1573.  Adjutant  General  to  keep  revised  list  of  civilians  who  have 
had  wjilitary  training  qualifying  them,  for  appointment  as  commis- 
sioned officers. — The  Adjutant  General  of  the  Army  shall,  under  the 
direction  and  supervision  of  the  Secretary  of  War,  obtain,  compile, 
and  keep  continually  up  to  date  all  obtainable  information  as  to  the 
names,  ages,  addresses,  occupations,  and  qualifications  for  appoint- 
ment as  commissioned  officers  of  the  Army,  in  time  of  war  or  other 
emergency,  of  men  of  suitable  ages  who,  by  reason  of  having  received 
military  training  in  civilian  educational  institutions  or  elsewhere, 
54208"— 18 29 


450  MILITAKY  LAWS  OF  THE   UNITED  STATES,  1915. 

may  be  rogarded  as  qualified  and  available  for  appointment  as  such 
commissioned  officers.     Id, 

1574.  Camps  of  instruction  for  training  civilians^  egitipment^  etCy 
of. — The  Secrenry  of  AVar  is  hereby  authorized  to  maintain,  upon 
military  reservations  or  elsewhere,  camps  for  the  military  instruction 
and  training  of  such  citizens  as  may  be  selected  for  such  instruction 
and  training,  upon  their  application  and  under  such  terms  of  enlist- 
ment and  regulations  as  may  be  prescribed  by  the  Secretary  of  War; 
to  use,  for  the  purpose  of  maintaining  said  camps  and  imparting  mili- 
tary instruction  and  training  thereat,  such  arms,  ammunition,  ac- 
couterments,  equipments,  tentage,  field  equipage,  and  transportation 
belonging  to  the  United  States  as  he  may  deem  necessary;  to  furnish, 
at  the  expense  of  the  United  States,  uniforms,  subsistence,  transpor- 
tation by  the  most  usual  and  direct  route  within  such  limits  as  to  ter- 
ritory as  the  Secreary  of  War  may  prescribe,  and  medical  supplies 
to  persons  receiving  instruction  at  said  camps  during  the  period  of 
their  attendance  thereat,  to  authorize  such  expenditures,  from  proper 
Army  appropriations,  as  he  may  deem  necessary  for  water,  fuel,  light, 
temporary  structures,  not  including  quarters  for  officers  nor  barracks 
for  men,  screening,  and  damages  resulting  from  field  exercises,  and 
other  expenses  incidental  to  the  maintenance  of  said  camps,  and  the 
theoretical  winter  instruction  in  connection  therewith;  and  to  sell  to 
persons  receiving  instruction  at  said  camps,  for  cash  and  at  cost 
price  plus  ten  per  centum,  quartermaster  and  ordnance  property,  the 
amount  of  such  property  sold  to  any  one  person  to  be  limited  to  that 
which  is  required  for  his  proper  equipment.  All  moneys  arising  from 
such  sales  shall  remain  available  throughout  the  fiscal  year  following 
that  in  which  the  sales  are  made,  for  the  purpose  of  that  appropria- 
tion from  which  the  property  sold  was  authorized  to  be  supplied  at 

the  time  of  the  sale.^     Sec.  54,  id. 
I 

(The  act  of  May  12,  1917  (40  Stnt.  69),  contaius  an  appropriation  for  items 
of  expenditure  covered  by  above  paragraph.) 

*  Held,  thnt  In  view  of  the  broad  powers  of  discretion  conferred  upon  the  Sec- 
rotJiry  of  Wjir  l)y  section  r>4,  nsitional  defense  net,  in  tlie  umtter  of  i)rovi«|in;;  for 
niilitjiry  can)ps  of  Instruction  nnd  trninlng  for  civilians,  including  atitliority 
*•  to  furuisli  at  the  expense  of  tlie  United  States  uniforms.  sul»sistence.  iransjxn"- 
tatioii.  and  medical  sni>}ilicH  to  f)ersons  receiving  instruction  at  sucli  camps,"  tlie 
fii-st-aid  packets  requested  could  pror)erly  l)e  furnislied  if  regarded  by  tlie  Sur- 
geon CJeneral  as  reasonal)ly  necessary  for  the  civilians  in  training  at  tiie  camp. 
(War  Dept.  Rull.  18,  .July  8.  1910.) 

Held,  that  such  sales  are  authorized  only  to  persons  while  tliey  are  In  actual 
atten<lance  at  the  camps  '*  receiving  in.struction  "  tliereat.  and  that  there  is  no 
autljoritv  to  fill  orders  for  such  property  received  from  former  attendants. 
(War  Dept.  Hull.  47.  Nov.  10,  1910.) 

On  tlie  (piestion  wl>ether  claims  for  damages  to  private  property  due  to  train- 
ing-caujp  work  are  jmyable  from  training-camp  funds  when  <luly  found  by  the 
proceedings  of  a  l)oard  of  officers,  approved  l)y  tlie  commanding  officer. 

lleUU  that  the  appropriation  for  civilian  training  camps  (act  of  May  12,  1917) 
exi)ressly  includes  "danuiges  restdting  from  field  exercises  an<i  other  expenses 
inci<lent'to  maintaining  said  camps,"  etc.;  and  that  tljis  provision  clearly  covers 
damages  to  i)rivate  property  due  to  operations  incident  to  training-camp  work. 
(War  Dept.  Bail.  54,  Sept.  26,  1917.) 


MILITARY   LAWS  OF   THE   UNITED  STATES,   1915.  451 

1574a.  Same — Rate  of  mileage  for  dviUans  attending^  time  of  pay- 
ment.— So  much  of  section  fifty-four  of  the  Act  of  June  third,  nine- 
teen hundred  and  sixteen,  entitled  "An  Act  for  making  further  and 
more  effectual  provision  for  the  national  defense,  and  for  other  pur- 
poses," as  relates  to  the  transportation  of  citizens  who,  conformabl}'^ 
to  such  regulations  as  the  Secreary  of  AVar  may  prescribe,  attend 
training  camps  be,  and  the  same  is  hereby  amended  so  as  to  provide 
that  said  citizens  shall  be  paid  as  traveling  allowances  three  and  one- 
half  cents  per  mile  for  the  distance  by  the  shorest  usually  traveled 
route  from  the  places  from  vihich  they  are  authorized  to  proceed 
to  the  camp  and  for  the  return  travel  thereto:  Provided  further^ 
That  the  payment  of  travel  pay  for  the  return  journey  may  be  made 
in  advance  of  the  actual  performance  of  travel.  Act  of  May  12^  1917 
(4-0  Stat.  70)  ^amending  Sec,  64,  Act  of  June  S,  1910  (39  Stat.  194). 

1574b.  Pay  of  civilians  designated  for  training  as  oncers  during 
period  of  training. — The  Secretary  of  War  is  hereby  authorized  out 
of  this  appropriation  to  pay  to  persons  designated  by  him  for  train- 
ing as  officers  in  the  Army  during  the  period  of  their  training  the 
sum  of  not  to  exceed  $100  per  month  in  addition  to  the  allowances 
authorized  by  said  section  fifty-four:  Provided,  That  they  shall 
agree  to  accept  appointment  in  the  Officers'  Reserve  Corps  in  such 
grade  as  may  be  tendered  by  the  Secretary  of  War.^  Act  of  May  12^ 
1911  (40  Stat.  70.) 

1575.  Same — Secretary  of  War  to  prescribe  course  of  instructions 
at,  a7id  detail  Regular  officers  and  enlisted  men  for  duty  in  connec- 
tion with. — The  Secretary  of  AVar  is  authorized  further  to  prescribe 
the  courses  of  theoretical  and  practical  instruction  to  be  pursued  by 
persons  attending  the  camps  authorized  by  this  section;  to  fix  the 
periods  during  which  such  camps  shall  be  maintained;  to  prescribe 
rules  and  regulations  for  the  government  thereof;  and  to  employ 
thereat  officers  and  enlisted  men  of  the  Regular  Army  in  such  num- 

*  Held,  that  an  employee  of  tlie  United  States  on  leave  of  absence  and  attend- 
ing ;ui  ollicers'  traininj:  camp  as  a  canditlate  for  a  commission  in  the  (Ulicers' 
lleserve  Corps  of  the  Army  may  not  lawfully  receive  his  regjular  compensation 
as  a  civilian  employee  for  such  i>eriod  in  addition  to  pay  as  such  canilidate 
when  the  annual  rate  of  the  cojnbiiied  compensation  so  receive<l  exceeds  $'J.O;K), 
in  view  of  the  act  of  An;;nst  20.  li)lG  (39  Stat.  582).  amending  section  G.  act  t)f 
May  10,  1910:  and  further,  that  he  can  not  elect  to  refuse  Ids  military  pay  in 
order  to  accept  the  pay  of  his  civil  position.  (Comp.  Treas.,  June  25,  1917; 
War  Dept.  liull.  49,  Aug.  22,  1917.) 

Enli.sted  men  of  the  National  (Juard,  ft.«!  well  as  students  at  Signal  Corps 
aviation  schools,  while  being  trained  as  olficers  in  training  schools  or  camps 
are  entitled  to  the  same  pay  and  allownnces  as  candidates  at  reserve  oflicers' 
training  camp.s.     ( Wnr  Dept.  Bull.  07,  Nov.  30,  1917.) 

The  travel  expen.ses  of  graduates  from  an  aviation  general  supply  depot 
transferretl  to  various  flying  Kchools  for  instruction  in  flying,  such  piM*sons  be- 
ing candidates  for  connni.ssion,  are  payable  from  the  ai>propriations  for  civil 
niilitary  training  pi-ovidcd  for  In  the  Ai'my  approyriatiou  act  of  May  12,  1917. 
(Dig.  OpiiL  J.  A,  G..  January,  1918.) 


452  MILITABY   LAWS   OF   THE   UNITED   STATES,   1915. 

bers  and  upon  such  duties  as  he  may  designate.    Sec.  S4,  Act  of  June 
3,  1916  {39  Stat.  m). 

1576.  Appropriation  for  maintenance  of  camps  on  military  reser- ra- 
tions., etc..^  for  training  civilians. — To  provide  for  the  expense  of 
maintaining,  upon  military  reservations  or  elsewhere,  camps  for  the 
military  instruction  and  training  of  such  citizens  as  may  be  selected 
lor  such  instruction  and  training,  under  such  regulations  as  may  be 
prescribed  by  the  Secretary  of  War,  and  to  furnish  to  said  citizens 
the  subsistence,  transportation,  and  uniforms  authorized  by  the  Act 
of  Congress  approved  June  third,  nineteen  hundred  and  sixteen, 
$2,000,000.    Act  of  Aug.  9.9,  1916  (39  Stat.  6^8). 

1576a.  Training  camps  for  civilians. — For  the  expense  of  maintain- 
ing, upon  military  reservations  or  elsewhere,  camps  for  the  milit;uy 
instruction  and  training  of  such  citizens  physically  capable  of  bear- 
ing arms  as  may  be  selected  under  such  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  War,  and  for  furnishing  said  citizens,  at 
the  expense  of  the  United  States,  uniforms,  subsistence,  transporta- 
tion by  the  most  usual  and  direct  route  within  said  limits  as  to  terri- 
tory as  may  be  prescribed ;  for  such  expenditures  as  may  be  deemed 
necessary  for  water,  fuel,  light,  temporary  structures,  not  including 
quarters  for  officers  nor  barracks  for  men,  screening,  and  damages 
resulting  from  field  exercises,  and  other  expenses  incidental  to  main- 
taining said  camps  and  the  theoretical  winter  instruction  in  connec- 
tion therewith,  including  textbooks  and  stationery;  for  furnisliing 
such  equipments,  tentage,  field  equipage,  and  transportation  belong- 
ing to  the  United  States  as  may  be  deemed  necessary  as  authorized 
by  section  fifty-four  of  the  Act  of  Congress  approved  June  third, 
nineteen  hundred  and  sixteen,  $3,281,000.  Act  of  May  12,  1917  UO 
Stat.  69). 

1577.  Same — Available  for  transportation  and  subsistence  of  citi- 
ze'ns  betioeen  certain  ages  who  have  attended  camps  during  1916. — So 
much  of  this  appropriation  as  may  be  necessary  shall  be  available  for 
the  subsistence  and  transportation  of  all  persons  between  the  ages  of 
eighteen  and  forty-five  years  who  have  attended  any  camp  author- 
ized by  the  Secretary  of  War  during  the  calendar  year  nineteen  hun- 
dred and  sixteen.     Act  of  Aug.  29, 1916  {39  Stat.  648). 

1578.  Training  camp  for  civilians  on  military  reservation  at  Fort 
Douglas,  Utah,  maintenance  of. — The  Secretary  of  War  be,  and  he  is 
hereby,  authorized  to  maintain  upon  the  military  reservation  of  Fort 
Douglas,. Utah,  for  such  period  within  the  fiscal  year  ending  June 
thirtieth,  nineteen  hundred  and  seventeen,  as  he  may  deem  advisable, 
a  camp  for  the  military  instruction  and  training  of  such  citizens  as 
may  be  selected  for  such  instruction  and  training  under  such  regula- 
tions as  he  may  prescribe,  and  to  furnish  to  said  citizens  the  subsist- 
ence, transportation,  and  uniforms  authorized  by  the  Act  of  Con* 


MILITARY  LAWS  OF   THE  tJNITED  STATES,  1915.  453 

gress  approved  June  third,  nineteen  hundred  and  sixteen;  and  for 
the  purposes  of  this  Act  there  is  hereby  appropriated  the  sum  of 
$30,000,  to  be  paid  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated.     Id^  671, 

1579.  Establishment  and  equipment  of  indoor  and  outdoor  rifle 
ranges  for  training  civilians. — To  establish  and  maintain  indoor  and 
outdoor  rifle  ranges  for  the  use  of  all  able-bodied  males  capable  of 
bearing  arms,  under  reasonable  regulations  to  be  prescribed  by  the 
National  Board  for  Promotion  of  Rifle  Practice  and  approved  by 
the  Secretary  of  War ;  to  provide  standard  military  arms  and  ammu- 
nition, indoor  gallery  rifles  and  ammunition ;  for  the  employment  of 
labor  in  connection  with  the  establishment  of  outdoor  and  indoor 
rifle  ranges,  including  labor  in  operating  targets;  for  the  employ- 
ment of  instructors ;  for  clerical  services ;  for  prizes,  trophies,  badges, 
and  other  insignia ;  for  the  transportation  of  employees,  instructors, 
and  civilians  to  engage  in  practice;  for  the  purchase  of  materials, 
supplies,  and  services,  and  for  expenses  incidental  to  instruction  of 
citizens  of  the  United  States  in  marksmanship,  to  be  expended  under 
the  direction  of  the  Secretary  of  War  and  to  remain  available  until 
ex]K'nded.     Id^  648. 

.1579a.  Same. — To  establish  and  maintain  indoor  and  outdoor  rifle 
ranges  for  the  use  of  all  able-bodied  males  capable  of  bearing  arms, 
under  reasonable  regulations  to  be  prescribed  by  the  National  Board 
for  Promotion  of  Rifle  Practice  and  approved  by  the  Secretary  of 
War;  for  the  employment  of  labor  in  connection  with  the  establish- 
ment of  outdoor  and  indoor  rifle  ranges,  including  labor  in  operat- 
ing targets;  for  the  employment  of  instructors;  for  clerical  services; 
for  badges  and  other  insignia;  for  the  transportation  of  employees, 
instructors,  and  civilians  to  engage  in  practice;  for  the  purchase  of 
materials,  supplies,  and  services,  and  for  expenses  incidental  to  in- 
struction of  citizens  of  the  United  States  in  marksmanship,  to  be  ex- 
pended under  the  direction  of  the  Secretary  of  War  and  to  remain 
available  until  expended.    .Act  of  3/ ay  12, 1917  {Ifi  Stat.  69). 

1580.  Same — Officer  of  Army  or  Marine  Corps  may  he  appointed 
Director  of  Civilian  Marksmonship. — The  President  be,  and  he  is 
hereby,  authorized,  in  his  discretion,  to  appoint,  as  Director  of  Civil- 
ian Marksmanship,  under  the  direction  of  the  Secretary  of  War,  an 
officer  of  the  Army  or  of  the  Marine  Corps.  Act  of  Aug.  29,  1916 
(39  Stat.  648). 

ENLISl^D  RESERVE  CORPS. 

1581.  Enlisted  reserve  for  staff  departments. — For  the  purpose  of 
securing  an  additional  reserve  of  enlisted  men  for  military  service 
with  the  Engineer,  Signal,  and  Quartermaster  Corps  and  the  Ord- 
nance and  Medical  Departments  of  the  Regular  Army,  an  Enlisted 


454  MILITARY  LAWS  OP  THE   UNITED  STATES,  1915. 

Reserve  Corps,  to  consist  of  such  number  of  enlisted  men  of  such 
grade  or  grades  as  may  be  designated  by  the  President  from  time  to 
time,  is  hereby  authorized,  such  authorization  to  be  effective  on  and 
after  the  first  day  of  July,  nineteen  hundred  and  sixteen.  Sec.  65^ 
Act  of  June  3, 10 IG  (39  Stat.  J 05). 

1681a.  Regulations  relating  to  enlistment  of  dental  students  in  En- 
listed Reserve  Corps. — All  regulations  concerning  the  enlistment  of 
medical  students  in  the  Enlisted  Reserve  Corps  and  their  continu- 
ance in  their  college  course  while  subject  to  call  to  active  service, 
shall  apply  similarly  to  dental  students.  Act  of  Oct.  6,  1017  (40 
Stat.  307.) 

(For  the  preceding  provisions  of  this  act  see  paragraphs  750d-750g,  ante.) 

1582.  Issuance  of  certificates  of  enlistment  to  persons  found  quali- 
fied., rights  conferred  by. — There  may  be  enlisted  in  the  grade  or 
grades  hereinbefore  specified,  for  a  period  of  four  years,  under  such 
rules  as  may  be  prescribed  by  the  President,  citizens  of  the  United 
States,  or  persons  who  have  declared  their  intentions  to  become  citi- 
zens of  the  United  States,  subject  to  such  physical,  educational,  and 
practical  examination  as  may  be  prescribed  in  said  rules.  For  men 
enlisting  in,  said  grade  or  gi'ades  certificates  of  enlistment  in  the 
Enlisted  Reserve  Corps  shall  be  issued  by  The  Adjutant  General  of 
the  Army,  but  no  such  man  shall  be  enlisted  in  said  corps  unless  he 
shall  be  found  physically,  mentally,  and  morally  qualified  to  hold 
such  certificate  and  unless  he  shall  be  between  the  ages  of  eighteen 
and  forty-five  years.  The  certificates  so  given  shall  confer  upon  the 
holders  when  called  into  active  service  or  for  purposes  of  instruction 
and  training,  during  the  period  of  such  active  service,  instruction, 
or  training,  all  the  authority,  rights,  and  privileges  of  like  grades 
of  the  Regular  Army.  Enlisted  men  of  the  Enlisted  Reserve  Corps 
shall  take  precedence  in  said  corps  according  to  the  dates  of  their 
certificates  of  enlistment  therein  and  when  called  into  active  service 
or  when  called  out  for  purposes  of  instruction  or  training  shall  take 
precedence  next  below  all  other  enlisted  men  of  like  grades  in  the 
Regular  Army.    Sec.  55,  Act  of  June  3, 1016  (30  Stat.  105). 

1583.  Rosettes  or  knots  to  he  issued  to  m,emhers  attending  at  least 
one  encampment  for  military  instruction  of  citizens. — And  the  Sec- 
retary of  War  is  hereby  authorized  to  issue  to  members  of  the  En- 
listed Reserve  Corps  and  to  persons  who  have  participated  in  at 
least  one  encampment  for  the  military  instruction  of  citizens,  con- 
ducted under  the  auspices  of  the  War  Department,  distinctive 
rosettes  or  knots  designed  for  wear  with  civilian  clothing,  and  when- 
ever a  rosette  or  knot  issued  under  the  provisions  of  this  section 
shall  have  been  lost,  destroyed,  or  rendered  unfit  for  use  without 


MILITARY   LAWS  OF   THE  UNITED  STATES,  1915.  455 

fault  or  neglect  upon  tho  part  of  the  person  to  whom  it  is  issued, 
the  Secretary  of  War  shall  cause  a  new  rosette  or  knot  to  be  issued 
to  such  person  without  charge  therefor.    Id. 

1584.  Same — Penalty  for  unauthorized  wearing  of. — Any  person 
who  is  not  an  enlisted  man  of  the  Enlisted  Kcserve  Corps  and  shall 
not  have  participated  in  at  least  one  encampment  for  the  military 
instruction  of  citizens,  conducted  under  the  auspices  of  the  War 
Department,  and  who  shall  wear  such  rosette  or  knot  shall  be  guilty 
of  misdemeanor  punishable  by  a  fine  of  not  exceeding  $300,  or  im- 
prisonment not  exceeding  six  months,  or  both.     Id, 

1585.  Assignment  of  members  to  organizations  of  Regular  Army 
or  organization  of  into  units  or  detachments  of  any  arm,  etc. — The 
President  is  authorized  to  assign  members  of  the  Enlisted  Reserve 
Corps  as  reserves  to  particular  organizations  of  the  Regular  Army, 
or  to  organize  the  Enlisted  Kcserve  Corps,  or  any  part  thereof,  into 
units  or  detachments  of  any  arm,  corps,  or  department  in  such  man- 
ner as  he  may  prescribe,  and  to  assign  to  such  units  and  detachments 
officers  of  the  Regular  Army  or  of  the  Officers'  Reserve  Corps,  herein 
provided  for.    Id. 

1586.  May  he  ordered  to  active  service  annually  for  purpose  of  in- 
struction or  training. — To  the  extent  provided  from  time  to  time  by 
appropriations  the  Secretary  of  War  may  order  enlisted  men  of  the 
Enlisted  Reserve  Corps  to  active  service  for  purposes  of  instruction 
or  training  for  periods  not  to  exceed  fifteen  days  in  any  one  calendar 
year.     Id. 

1587.  Same — Periods  of  active  service  may  he  extended  with  con- 
sent of  enlisted  men. — With  the  consent  of  such  enlisted  men  and 
within  the  limits  of  funds  available  for  such  purposes,  such  periods 
of  active  service  may  be  extended  for  such  number  of  enlisted  men 
as  may  be  deemed  necessary.     Id..,  100. 

1588.  Same — Pay  and  allowances  while  in  active  service. — Enlisted 
men  of  the  Enlisted  Reserve  Corps  shall  receive  the  pay  and  allow- 
ances of  their  respective  grades,  but  only  when  ordered  into  active 
service,  including  the  time  required  for  actual  travel  from  their 
homes  to  the  places  to  which  ordered  and  return  to  their  homes.^     Id. 

*Tlio  n"f''*t^'*>"  was  submitted  whether  enlistefl  men  of  the  Avlntlon  Section, 
Sijrnn!  Kii!iste<l  Reserve  Corps,  are  entitle*!  to  in<*re.*isetl  pny  when  on  duty 
requiring  thorn  to  participjite  rejiulnrly  and  frequently  In  nerlnl  fli   hts. 

Jfrld,  that  tliey  are  so  entitled,  under  tlie  same  conditions  as  are  enlisted  men 
of  tho  Ue^'ular  Army  on  such  diity,  for  the  reason  that  section  .3  of  the  act  ot 
July  18,  1014  (38  Stat..  r^^A).  creatinjr  the  Aviation  Section  of  tlie  Signal  Corps 
atui  prescrihintx  tlie  personnel.  pn»vi<les  that  ea<h  aviation  enlisted  man  shall 
receive  additional  pay  when  on  surh  duty:  and  section  ^'\.  national  defenst'  a<-t, 
only  repeals  in<'onsist<«nt  provisions  of  the  prior  law.  leavinj;  tliis  provision  In 
force:  and  section  Tm,  national  defense  net.  provides  tl\at  memhers  of  the 
Kniisted  Reserve  Cori>«,  when  in  active  service,"  shall  he  ent'tle<l  to  the  i>ay 
nrnl  allowances  of  the  correspoading  grades  of  tiie  Ilegular  Army/*  etc  (War 
Dept.  BuU.  54.  Sept.  20,  1917.) 


456  MILITARY   LAWS  OF   THE   UNITED   STATES,   1915. 

1589.  Not  entitled  to  retireraent  or  retirement  pay;  pensionahle 
status. — Said  enlisted  men  shall  not  be  entitled  to  retirement  or  re- 
tirement pay,  nor  shall  they  be  entitled  to  pensions  except  for  physi- 
cal disability  incurred  in  line  of  duty  while  in  active  service  or  while 
traveling  under  orders  of  competent  authority  to  or  from  designated 
places  of  duty.     Id. 

1590.  Uniform  to  he  same  as  for  enlisted  men  of  Regular  Arnfiy  and 
to  he  issued  in  land. — The  uniform  to  be  worn  by  enlisted  men  of 
the  Enlisted  Reserve  Corps,  except  corps  insignia,  shall  be  the  same 
as  prescribed  for  enlisted  men  of  the  Regular  Army  Reserve,  and 
that  in  lieu  of  any  money  allowance  for  clothing  there  shall  be  issued 
to  each  enlisted  man  of  the  Enlisted  Reserve  Corps  in  time  of  peace 
such  articles  of  clothing  and  equipment  as  the  President  may  di- 
rect.   Id. 

1591.  Same — Clothing  or  other  equipment  to  remain  property  of 
United  States. — Any  clothing  or  other  equipment  issued  to  any  en- 
listed man  of  the  said  corps  shall  remain  the  property  of  the  United 
States,  and  in  case  of  loss  or  destruction  of  any  article,  the  article  so 
lost  or  destroyed  shall  be  replaced  by  issue  to  the  enlisted  man  and 
the  value  thereof  deducted  from  any  pa}^  due  or  to  become  due  him, 
unless  it  shall  be  made  to  appear  that  such  loss  or  destruction  was 
not  due  to  neglect  or  other  fault  on  his  part.     Id. 

1592.  Same — Unserviceable  to  he  replaced. — Any  clothing  or  otlier 
equipment  issued  to  enlisted  men  of  the  Enlisted  Reserve  Corps  which 
shall  have  become  unserviceable  through  ordinary  wear  and  tear  in 
the  service  of  the  United  States  shall  be  received  back  by  the  United 
States  and  serviceable  like  articles  issued  in  lieu  thereof.     Id. 

1593.  Arnfis^  clothing^  and  equipment  issued  to  he  accounted  for  o?i 
dvicharge. — When  enlisted  men  of  the  Enlisted  Reserve  Corps  shall 
be  discharged  or  otherwise  separated  from  the  service,  all  arms, 
equipage,  clothing,  and  other  property  issued  to  them  shall  be  ac- 
counted for  under  such  regulations  as  may  be  prescribed  by  llie 
Secretary  of  War.    Id. 

1594.  Enlisted  men  ordered  to  active  service  suhject  to  rides  and 
articles  of  war. — Any  enlisted  man  of  the  Enlisted  Reserve  Corps 
ordered  to  active  service  or  for  purposes  of  instruction  or  training 
shall,  from  the  time  he  is  required  by  the  terms  of  the  order  to  obey 
the  same,  be  subject  to  the  laws  and  regulations  for  the  government 
of  the  Army  of  the  United  States.     Id. 

1595.  May  he  discharged  when  services  no  longer  required  or  for 
misconduct. — The  Secretary  of  War  is  hereby  authorized  to  discharge 
any  enlisted  member  of  the  Enlisted  Reserve  Corps  when  his  services 
shall  be  no  longer  required,  or  when  he  shall  have  by  misconduct  un- 
fitted himself  for  further  service  in  the  said  corps.    Id. 


1915.  457 

1696.  Certificate  of  enlistment  forfeited^  in  addition  to  other  pun- 
ishment^ for  failure  to  obey  order  assigning  to  active  duty. — ^Any 
enlisted  man  of  said  corps  who  shall  be  ordered  upon  active  duty  as 
herein  provided  and  who  shall  willfully  fail  to  comply  with  the  terms 
of  the  order  so  given  him  shall,  in  addition  to.  any  other  penalty  to 
which  he  may  be  subject,  forfeit  his  certificate  of  enlistment.    Id. 

1597.  In  time  of  actual  or  threatened  hostilities  may  he  ordered  to 
active  duty  with  Regular  Army. — In  time  of  actual  or  threatened 
hostilities  the  President  may  order  the  Enlisted  Eeserve  Corps,  in 
such  numbers  and  at  such  times  as  may  be  considered  necessary,  to 
active  service  with  the  Eegular  Army,  and  while  on  such  service 
members  of  said  corps  shall  exercise  command  appropriate  to  their 
several  grades  and  rank  in  the  organizations  to  which  they  shall  be 
assigned  and  shall  be  entitled  to  the  pay  and  allowances  of  the  corre- 
sponding grades  in  the  Regular  Army,  with  increase  of  pay  for  lengtli 
of  service  as  now  allowed  by  law  for  the  Regular  Army.     Id. 

1598.  &ame — May  he  mustered  into  the  volunteer  service  with 
grades  held  in  their  corps, — Upon  a  call  by  the  President  for  a  vol- 
unteer force  the  members  of  the  Enlisted  Reserve  Corps  may  be 
mustered  into  the  service  of  the  United  States  as  volunteers  for  duty 
with  the  Army  in  the  grades  held  by  them  in  the  said  corps,  and 
shall  be  entitled  to  the  pay  and  allowances  of  the  corresponding 
grades  in  the  Regular  Army,  with  increase  of  pay  for  length  of  serv- 
ice, as  now  provided  by  law  for  the  Regular  Army.    Id. 

1599.  Same — Certificate  of  enlistment  does  not  give  vested  right  to 
he  so  mustered. — Enlisted  men  of  the  Enlisted  Reserve  Corps  shall 
not  acquire  by  virtue  of  issuance  of  certificates  of  enlistment  to  them 
a  vested  right  to  be  mustered  into  the  volunteer  service  of  the  United 
States.    M,  197. 


CHAPTER  XLL 


PLANTS  FOK  MAXUFACTUKE  OF  AR:MS,  AMlSrUXT- 
TIOX,  AND  SUPPLIES— BOARDS  AND  COUNCIL  OF  NA- 
TIONAL  DEFENSE,  ETC. 


Par. 

Plants  for  manufacture  of  arms, 
ainiminition.  and  supplies- lGOO-1604 

Purchase  of  products  of,  Id  time 
of  actual  or  threatened  war —     1600 

Same — On  refusal  of  plant  to  All 
orders  Goverument  may  take 
possession ;  penalty  imposed 
on  manufacturers  for  noncom- 
pliance       1601 

Same — Compensation  or  rental 
for  use  of  plant  to  be  fair  and 
just 1602 

List  of  private  arms  and  ammu- 
nition plants,  showing  capac- 
ity, etc 1603 

Same — List  of  private  manufac- 
turing plants  capable  of  being 
transformed  into  ammunition 
factories,  with  plans  for  such 
tnmsformatlon 1604 

Board  on  aiobilization  of  Indus- 
tries Essential  to  Military  Pre- 
paredness      1605 

Board  to  investigate  Govern- 
ment manufacture  of  arms, 
munilions,  and  equipment 1606 

Procurement  of  gauges,  dies, 
tools,  drawings,  etc.,  for  man- 
ufacture of  arms  and  ammuui- 
nition 1607 

Same — May  be  purchased  with- 
out advertisement 1608 

Same — Appropriation  for  pur- 
chase of,  for  manufacture  of 
anjuuinition 1609 

Same — Appropriaticm  for  pur- 
cliase  of,  for  manufacture  of 
arms - 1610 


Same — Appropriation  for  pur- 
chase of,  for  manufacture  of 
P^ield     Artillery     ammunition 

for  National  Guard 

Cooperation  of  departments, 
bureaus,  and  Council  of  Na- 
tional Defense  in  standardiz- 
ing    and     testing     standard 

gauges,  screw  threads,  etc 

Procurement  of  rigiits  to  inven- 
tions for  control  by  radiody- 
namic  energy  of  movement  of 

torpedoes 

Same — Acquisition  conditional 
on  favorable  report  of  board 

of  Army  and  Navy  officers 

Commissioner  of  Patents,  in 
event  of  contract,  to  issue  pat- 
ents to  United  States  cover- 
ing the  inventions,  etc 

Same — Installation  of  one  radio- 
dynamic  torpedo  unit,  pro- 
vide* 1    rights  are  require<l 

Same — Inventions  important  to 
armament  or  defense  of  United 

States  

Keeping  secret  inventions,  and 
withhohling   grant   of   patent 
therefor  during  time  of  war- 
Inventions  abandoned,  when 

Compensation  to  patentee  for 
use  of  inventions  tendered  to 

Governnient 

Councilor  National  Defense.  161"3 

Composition  and  purpo.se  of 

Same — Ajiixiintment,  composi- 
tion, and   duties  of  advisory 

conmiission -  .  „.„,, 

459 


Par. 


1611 


1611a 


1612 


1613 


1614 


1615 


1616 


1616a 
1616b 


1616c 

-1621 

1617 


1618 


460 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


Tar. 

Same — Duties  of  council 1619 

Powers  or  duties  of  council  not 
enlarged  by  existence  of  state 
of  war 1619a 

Same — Rules  and  regulations 
for  conduct  of  its  work ;  or- 
ganization of  subordinate  bod- 
ies   - 1620 

Surne — Appropriation  for  inves- 
tigations of,  annual  and  other 
reports  by,  etc 1621 

Nitrate  supply 1622-1629 

l\>r  manufacture   of  munitions 

of  war,  etc 1622 

Same — Acquisition  of  lands  and 
materials  for  construction  and 
operation  of  plants 1623 


Same — Use  and  disposition  of 
products  of  the  plants 

Same — Employment  of  neces- 
sary officers  or  agents  to  carry 
out  purposes  of  section 

Same — Appropriation  for,  re- 
main available  until  expended- 

Same — Phints  to  be  operated 
solely  by  the  Government 

Funds  appropriated  for,  may  be 
raised  by  sale  of  Panama 
Canal   bonds 

Same — Maturity  of  bonds 


rar. 
1624 

1625 
1626 
1627 


1628 
1629 


PLANTS  FOR  MANUFACTURE  OF  ARMS,  AMMUNITION  AND  SUPPLIES. 

1600.  Purchase  of  'products  of  in  time  of  actual  or  threatened 
war. — The  President,  in  time  of  war  or  when  war  is  imminent,  is 
empowered,  through  the  head  of  any  department  of  the  Govern- 
ment, in  addition  to  the  present  authorized  methods  of  purchase  or 
procurement,  to  place  an  order  with  any  individual,  firm,  associa- 
tion, company,  corporation,  or  organized  manufacturing  industry 
for  such  product  or  material  as  may  be  required,  and  which  is  of  the 
nature  and  kind  usually  produced  or  capable  of  being  produced  by 
such  individual,  firm,  company,  association,  corporation,  or  organized 
manufacturing  industry.  Sec.  120^  Act  of  June  3^  1916  {39  Stat. 
213.) 

1601.  Same — On  refusal  of  plant  to  fill  orders  Government  may 
take  possession;  penalty  imposed  on  manufacturers  for  noncompli- 
ance.— Compliance  with  all  such  orders  for  products  or  material 
shall  be  obligatory  on  any  individual,  firm,  association,  company, 
corporation,  or  organized  manufacturing  industry  or  the  responsible 
head  or  heads  thereof  and  shall  take  precedence  over  all  other  orders 
and  contracts  theretofore  placed  with  such  individual,  firm,  com- 
pany, association,  corporation,  or  organized  manufacturing  industry, 
and  any  individual,  firm,  association,  company,  corporation,  or 
organized  manufacturing  industry  or  the  responsible  head  or  heads 
thereof  owning  or  operating  any  plant  equipped  for  the  manufacture 
of  arms  or  ammunition,  or  parts  of  ammunition,  or  any  necessary 
supplies  or  equipment  for  the  Army,  and  any  individual,  firm, 
association,  company,  corporation,  or  organized  manufacturing  in- 
dustry or  the  responsible  head  or  heads  thereof  owning  or  operating 
any  manufacturing  plant,  which,  in  the  opinion  of  the  Secretary  of 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  461 

War  shall  be  capable  of  being  readily  transformed  into  a  plant  for 
the  manufacture  of  arms  or  ammunition,  or  parts  thereof,  or  other 
necessary  supplies  or  equipment,  who  shall  refuse  to  give  to  the 
United  States  such  preference  in  the  matter  of  the  execution  of 
orders,  or  who  shall  refuse  to  manufacture  the  kind,  quantity,  or 
quality  of  arms  or  ammunition,  or  the  parts  thereof,  or  any  necessary 
supplies  or  equipment,  as  ordered  by  the  Secretary  of  War,  or  who 
shall  refuse  to  furnish  such  arms,  ammunitions,  or  parts  of  ammuni- 
tion, or  other  supplies  or  equipment,  at  a  reasonable  price  as  deter- 
mined by  the  Secretary  of  War,  then,  and  in  either  such  case,  the 
President,  through  the  head  of  any  department  of  the  Government, 
in  addition  to  the  present  authorized  methods  of  purchase  or  pro- 
curement herein  provided  for,  is  hereby  authorized  to  take  immediate 
possession  of  any  such  plant  or  plants,  and  through  the  Ordnance 
Department  of  the  United  States  Army,  to  manufacture  therein  in 
time  of  war.  or  when  war  shall  be  imminent,  such  product  or  material 
as  may  be  required,  and  any  individual,  firm,  company,  association, 
or  corporation,  or  organized  manufacturing  industry,  or  the  respon- 
sible head  or  heads  thereof,  failing  to  comply  with  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
shall  be  punished  by  imprisonment  for  not  more  than  three  years 
and  by  a  fine  not  exceeding  $50,000.     Id. 

1602.  Same — Compensation  or  rental  for  use  of  plant  to  he  fair 
and  just. — The  compensation  to  be  paid  to  any  individual,  firm, 
company,  association,  corporation,  or  organized  manufacturing 
industry  for  its  products  or  material,  or  as  rental  for  use  of  any 
manufacturing  plant  while  used  by  the  United  States,  shall  be  fair 
and  just.    Id. 

1603.  List  of  private  o^rras  and  ammunition  plants.^  showing  ca- 
pacity^ etc. — The  Secretary  of  War  shall  also  make,  or  cause  to  be 
made,  a  complete  list  of  all  privately  owned  plants  in  the  United 
States  equipped  to  manufacture  arms  or  ammunition,  or  the  com- 
ponent parts  thereof.  He  shall  obtain  full  and  complete  information 
regarding  the  kind  of  arms  or  ammunition,  or  the  component  parts 
thereof,  manufactured  or  that  can  be  manufactured  by  each  such 
plant,  the  equipment  in  each  plant,  and  the  maximum  capacity 
thereof.    Id.,  2U. 

1604.  Same — List  of  private  manufacturing  plants  capable  of 
hcing  transformed  into  ammunition  factories^  with  plans  for  such 
wans  formation, — He  shall  also  prepare,  or  cause  to  be  prepared,  a 
list  of  privately  owned  manufacturing  plants  in  the  United  States 
capable  of  being  readily  transformed  into  ammunition  factories, 
where  the  capacity  of  the  plant  is  sufficient  to  warrant  transforming 
such  plant  or  plants  into  ammunition  factories  in  time  of  war  or 
w^hen  war  shall  be  imminent;  and  as  to  all  such  plants  the  Secretary 


462  MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 

of  War  shall  obtain  full  and  complete  information  as  to  the  equip- 
ment of  each  such  plant,  and  he  shall  prepare  comprehensive  plans 
for  transforming  each  such  plant  into  an  ammunition  factory,  or  a 
factory  in  which  to  manufacture  such  parts  of  ammunition  as  in 
the  opinion  of  the  Secrctarj^  of  War  such  plant  is  best  adapted.    Id. 

1605.  Board  on  Mobilization  of  Industries  Essential  to  Military 
Preparedness. — The  President  is  hereby  authorized,  in  his  discretion, 
to  appoint  a  Board  on  Mobilization  of  Industries  Essential  for  Mili- 
tary Preparedness,  nonpartisan  in  character,  and  to  take  all  neces- 
sary steps  to  provide  for  such  clerical  assistance  as  he  may  deem 
necessary  to  organize  and  coordinate  the  work  hereinbefore  de- 
scribed.   Id. 

1606.  Board  to  investigate  Government  manufacture  of  arms^  mu- 
nitions^  and  equipment. — The  Secretary  of  War  is  hereby  authorized 
to  appoint  a  board  of  five  citizens,  two  of  whom  shall  be  civilians 
and  three  of  whom  shall  be  officers  of  the  Anny,  to  investigate  and 
report  to  him  the  feasibility,  desirability,  and  practicability  of  the 
Government  manufacturing  arms,  munitions,  and  equipment,  show- 
ing in  said  report  the  comparative  prices  of  the  arms,  munitions,  and 
equipment  manufactured  in  Government  plants  and  those  manufac- 
tured in  private  plants,  the  amount  of  money  necessary  to  build  and 
operate  Government  plants  for  the  manufacture  of  arms,  munitions, 
and  equipment;  showing  also  what  the  Government  plants  and 
arsenals  are  now  doing  in  the  way  of  manufacturing  arms,  munitions, 
and  equipment,  and  what  saving  has  accrued  to  the  Government  by 
reason  of  its  having  manufactured  a  large  part  of  its  own  arms, 
munitions,  and  equipment  for  the  last  four  years.  And  the  Seci^- 
tary  of  War  is  hereby  directed  to  transmit  said  report  to  Congress 
on  or  before  January  first,  nineteen  hundred  and  seventeen.  S^er.. 
m.  id. 

1607.  Procure7nent  of  gauges^  dies^  tools ^  drawings^  etc.,  for  manu- 
faelure  of  arms  and  ammunition. — The  Secretary  of  War  be,  and  he 
is  hereby,  authorized  to  prepare  or  cause  to  be  prepared,  to  purchase 
or  otherwise  procure,  such  gaugas,  dies,  jigs,  tools,  fixtures,  and  other 
special  aids  and  appliances,  including  specifications  and  detailed 
drawings,  as  may  be  necessary  for  the  immediate  manufacture,  by 
the  Government  and  by  private  manufacturers,  of  arms,  ammunit'on, 
and  special  equipment  necessary  to  arm  and  equip  the  land  forces 
likely  to  be  required  by  the  United  States  in  time  of  war.  See.  123^ 
id.  216. 

1603.  Same — May  he  purchased  without  advertisement. — In  the 
expenditure  of  any  sums  appropriated  to  carry  out  the  purposes  of 
this  section  the  existing  laws  prescribing  competition  in  the  procure- 
ment of  supplies  by  purchase  shall  not  govern,  whenever  in  the  opin- 


MILITARY   LAWS  OP   THE   UNITED  STATES,   1915.  463 

ion  of  the  Secretary  of  War  such  action  will  be  for  the  best  interest 
of  the  public  service.    Id, 

1609.  Same — Appropriation  for  purchase  of^  for  manvfacture  of 
ammunition. — That  $250,000  of  this  appropriation*  may  he  used  to 
procure  piuges,  dies,  jigs,  tools,  fixtures,  and  other  special  aids  and 
appliances,  including  specifications  and  detailed  drawings  necessary 
for  the  manufacture  by  the  Government  and  by  private  manufactur- 
ers of  ammunition  necessary  for  the  use  of  the  land  forces  of  the 
United  States  in  time  of  war.  and  in  the  purchase  of  lots  of  ammuni- 
tion to  complete  the  object  of  this  proviso  the  existing  laws  prescrib- 
jng  competition  in  the  procureuient  of  supplies  by  p-^rchase  shall  not 
govern  in  orders  not  to  exceed  $50,000  in  any  one  case.  Act  of  Aug, 
'^9J91G  {SO  Stat,  61^2), 

1610.  Same — Appropriation  for  purchase  of  for  manufacture  of 
arms, — That  $200,000  of  this  appropriation*  may  be  used  to  procure 
•gauges,  dies,  jigs,  tools,  fixtures,  and  other  special  aids  and  appli- 
ances, including  specifications  and  detailed  drawings,  necessary  for 
the  manufacture  by  private  manufacturers,  of  arms  necessary  to  arm 
the  land  forces  likely  to  be  reqjiired  by  the  United  States  in  time  of 
wiir,  and  in  the  purchase  of  lots  of  arms  to  complete  the  object  of 
this  proviso  the  existing  laws  prescribing  competition  in  the  procure- 
ment of  supplies  by  purchase  shall  not  govern  in  orders  not  to  exceed 
$50,000  in  any  one  case.    Id.  GJfS, 

1611.  Same — Appropriation  for  purchase  of  for  manufacture  of 
Field  Artillery  ammunition  for  National  Guard. — Not  jnore  than 
$200,000  of  this  appropriation*  may  be  used  to  procure  gauges,  dies, 
jigs,  tools,  fixtures,  and  other  special  aids  and  appliances,  includin;^ 
specifications  and  detailed  drawings  necessary  for  the  manufacture 
by  private  manufacturers  of  Field  Artillery  ammunition  necessary 
for  the  use  of  the  land  forces  of  the  United  States  in  time  of  war, 
and  in  the  purchase  of  lots  of  ammunition  to  complete  the  object  of 
this  proviso  the  existing  Ilws  prescribing  competition  in  the  procure- 
ment of  supplies  by  purchase  shall  not  govern  in  orders  not  to  exceed 
$50,000  in  any  one  case.    Id.  64i. 

1611a.  Cooperation  of  Departments^  Bureau.,  and  Council  of  No- 
tional  Defense.,  in  staTulardizing  and  testing  starulard  gauge*.,  screw 
threads^  etc. — To  provide  by  cooperation  of  the  Bureau  of  Standards, 
the  War  Department,  the  Navy  Department,  and  the  Council  of  Na- 
tional Defense,  for  the  standardization  and  testing  of  the  standard 
gauges,  screw  threads,  and  standards  required  in  manufacturing 
throughout  the  United  States,  and  to  calibrate  and  test  such  standard 

*Tlie  appn»printion  r(»ferre<l  to  Is  $10,000,000  for  the  manufacture  and  pur- 
clins<»  of  nniiimuition  for  small  anns, 

'The  nppropriarion  referred  to  is  $5,000,000  for  the  manufarhire  of  arms. 

'The  appropriation  referred  to  Is  $10,000,000  for  Field  Ai'tillerj  ammuultion 
for  the  Matiouiil  Guard. 


464  MILITARY   LAWS   OP   THE   UNITED   STATES,   1915. 

gauges,  screw  threads,  and  standards,  including  necessary  equipment, 
rental  in  Washington,  and  elsewhere,  erection  of  temporary  struc- 
tures, office  expenses,  books  of  reference  and  periodicals,  personal 
services  in  the  District  of  Columbia,  and  in  the  field,  and  all  other 
necessary  items  not  included  in  the  foregoing,  $150,000.  Act  of  June 
15,1917  {JfiStat.me). 

1612.  Procurement  of  rights  to  invetitions  for  control  hy  radio- 
dynmnic  energy  of  m/)vement  of  torpedoes. — For  the  procurement  of 
the  exclusive  rights  of  John  Hays  Hammond,  junior,  and  the  Radio 
Engineering  Company  of  New  York  (Incorporated)  to  their  dis- 
coveries and  inventions  in  the  art  of  control  by  radiodynamic  energy 
of  the  movement  of  water-borne  carriers  of  high  explosives,  in 
accordance  with  a  proposal  heretofore  made  by  said  John  Hays 
Hammond,  junior,  and  said  company,  known  as  proposal  Z,  $750,000. 
Act  of  July  6,  1916  {39  Stat,  347). 

1613.  Same — Acquisition  conditional  on  favorable  report  of  hoard 
of  Army  and  Navy  officers. — Said  sum  shall  not  be  paid  except  upon 
the  approval  by  the  President  of  a  report  of  a  board  of  three  Army 
and  three  Navy  officers,  to  be  appointed  by  him,  which  report  shall 
be  favorable  to  the  acquisition  of  such  rights,  such  report  to  be  made 
after  a  demonstration  of  the  application  of  the  said  system  to  the 
control  of  torpedoes;  and,  to  provide  for  such  demonstration,  $30,000 
of  the  sum  so  appropriated,  or  so  much  thereof  as  may  be  necessary 
for  the  purpose,  may  be  applied  to  the  expense  of  conducting  the 
same  exclusive  of  the  services  of  said  Hammond,  which  services 
shall  be  rendered  free  of  charge,  the  amount  so  applied  and  which 
shall  be  immediately  available,  in  the  event  of  the  purchase  of  such 
rights,  to  be  considered  as  part  payment  of  the  purchase  price  of 
the  same.    Id. 

1614.  Commissioner  of  Patents,  in  event  of  contract,  to  issue  pat- 
ents to  United  States  covering  the  invention,  etc. — The  Commissioner 
of  Patents  is  authorized  and  directed,  in  the  event  of  the  entrance 
by  the  Government  into  a  contract  with  the  above-mentioned  parties 
for  the  purchase  of  such  rights  in  all  instances  where  it  would  grant 
patents  to  John  Hays  Hammond,  junior,  or  to  the  Radio  Engineering 
Company  upon  request  of  the  United  States  to  issue  said  patents  to 
the  United  States,  and,  in  the  event  of  said  contract  being  made,  the 
Commissioner  of  Patents  is  further  authorized  and  directed  to  keep 
applications  for  such  patents  in  the  secret  archives  of  the  Patent 
Office,  not  open  to  disclosure  even  in  cases  of  interferences.     Id. 

1615.  Same — Installxition  of  one  radiodynamic  torpedo  unit,  pro- 
vided rights  are  acquired. — For  procurement  and  installation  of  one 
radiodynamic  torpedo  unit,  $417,000 :  Provided,  That  no  part  of  said 
sum  shall  be  so  expended  unless  the  United  States  shall  first  acquire 


MILITARY   LAWS   OF    THE   UNITED    STATES,   1915.  465 

as  heretofore  provided  the  rights  of  the  said  John  Hays  Hammond, 
junior,  and  the  Radio  Engineering  Company  of  New  York.    Id.  SJ^S, 

1616.  Same — Inventions  important  to  the  armament  or  defenses 
of  the  United  States. — All  applications  for  patents  shall  be  completed 
and  prepared  for  examination  within  one  year  after  the  filing  of  tlie 
application,  and  in  default  thereof,  or  upon  failure  of  the  applicant 
to  prosecute  the  same  within  one  year  after  any  action  therein,  of 
which  notice  shall  have  been  given  to  the  applicant,  they  shall  be 
regarded  as  abandoned  by  the  parties  thereto,  unless  it  be  shown  to 
the  satisfaction  of  the  Commissioner  of  Patents  that  such  delay  Avas 
unavoidable:  Provided^  however^  That  no  application  shall  be  re- 
garded as  abandoned  which  has  become  the  property  of  the  Govern- 
ment of  the  United  States  and  with  respect  to  which  the  head  of  any 
department  of  the  Government  shall  have  certified  to  the  Commis- 
sioner of  Patents,  within  a  period  of  three  years,  that  the  invention 
disclosed  therein  is  important  to  the  armament  or  defense  of  the 
United  States :  Provided  further.,  That  within  ninety  days,  and  not 
less  than  thirty  days,  before  the  expiration  of  any  such  three-3^ear 
period  the  Commissioner  of  Patents  shall,  in  writing,  notify  the 
head  of  the  department  interested  in  any  pending  application  for 
patent,  of  the  approaching  expiration  of  the  three-year  period  within 
which  any  application  for  patent  shall  have  been  pending.  Sec, 
4894,  R.  S.,  as  amended  hij  Act  of  July  6, 1916  {39  Stat.  348). 

1616a.  Keeping  secret  inventions.,  and  withholding  grant  of  patent 
therefor  during  time  of ^  icar. — Whenever  during  a  time  when  the 
United  States  is  at  war  the  publication  of  an  invention  b}^  the 
granting  of  a  patent  might,  in  the  opinion  of  the  Commissioner  of 
Patents,  be  detrimental  to  the  public  safety  or  defense  or  might  assist 
the  enemy  or  endanger  the  successful  prosecution  of  the  war  he  may 
order  that  the  invention  be  kept  secret  and  withhold  the  grant  of  a 
patent  until  the  termination  of  the  w^ar.  Act  of  Oct.  6,  1917  {40 
Stat.  394. 

1616b.  Inventions  abandoned,  when. — The  invention  disclosed  in 
the  application  for  said  patent  may  be  held  abandoned  upon  it  being 
established  before  or  by  the  commissioner  that  in  violation  of  said 
order  said  invention  has  been  published  or  that  an  application  for  a 
patent  therefor  has  been  filed  in  a  foreign  country  by  the  inventor 
or  his  assigns  or  legal  representatives,  without  the  consent  or  ap- 
proval of  the  Commissioner  of  Patents,  or  under  a  license  of  the 
Secretary  of  Commerce  as  provided  by  law.    Id. 

1616c.  Compensation  to  patentee  for  use  of  inventions  tendered  to 
Government. — ^When  an  applicant  whose  patent  is  withheld  as  herein 
provided  and  who  faithfully  obeys  the  order  of  the  Commissioner  of 
Patents  above  referred  to  diall  tender  his  invention  to  the  Govern- 

54208°— 18 30 


466  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915 


ment  of  the  United  States  for  its  use,  he  shall,  if  and  when  he  ulti- 
mately received  a  pa^tent,  have  the  right  to  sue  for  compensation  in 
the  Court  of  Claims,  such  right  to  compensation  to  begin  from  the 
date  of  the  use  of  the  invention  by  the  Government.     Id.^  395. 

(See  paragraphs  1425Dp-1425ri%  ante^  for  almost  ixteutiieal  provisions  eoDr 
tallied  in  the  Act  of  October  6,  1917  (40  Stat  422),  entitled  the  "  Trading  with 
the  Enemy  Act,"^  section  10,  except  that  the  above  provisions  may  be  regarded 
jtej  applicable  during  any  time  when  the  United  States  is  at  war,  while  the 
provisions  in  paragi-aphs  1425qq-1425rr  appear  tO'  be  applicable  only  during  the 
present  war.) 

COUNGIE  OF  NATIONAL  DEFENSE. 

1617.  Composition  and  purpose  of. — xl  Council  of  National  De- 
fense is  hereby  established,  for  the  coordination  of  industries  and 
resources  for  the  national  security  and  welfare,  to  consist  of  the  Sec- 
retary of  War,  the  Secretary  of  the  Navy,  the  Secretary  of  the 
Interior,  the  Secretary  of  Agriculture,  the  Secretary  of  Commerce, 
and  the  Secretary  of  Labor.    Sec,  ^,  Act  of  Aug.  29\  1916  {39  Stat. 

1618.  Same — Appointment^  composition^  and  duties  of  an  advisory 
commission. — The  Council  of  National  Defense  shall  nominate  to  the 
President,  and  the  President  shall  appoint,  an  advisory  commission, 
consisting  of  not  more  than  seven  persons,  each  of  Avhom  shall  have 
special  knowledge  of  some  industry,  public  utility,  or  the  develop- 
ment of  some  natiu'al  resource,  or  be  otherwise  specially  qualiiSed,  in 
the  opinion  of  the  council,  for  the  performance  of  the  duties  herein- 
after provided.  The  members  of  the  advisory  commission  shall 
serve  without  compensation,  but  shall  be  allowed  actual  expenses  of 
travel  and  subsistence  when  attending  meetings  of  the  commission  or 
engaged  in  investigations  pertaining  to  its  activities.  The  advisory 
commission  shall  hold  such  meetings  as  shall  be  called  by  the  council 
or  be  provided  by  the  rules  and  regulations  adopted  by  the  council 
for  the  conduct  of  its  work.     Id. 

1619.  Samie — Duties  of  council. — It  shall  be  the  duty  of  the  Council 
of  National  Defense  to  supervise  and  direct  investigations  and 
make  recommendations  to  the  President  and  the  heads  of  executive 
departmelits  as  to  the  location  of  railroads  with  reference  to  the  fron- 
tier of  the  United  States  so  as  to  render  possible  expeditious  concen- 
tration of  troops  and  supplies  to  points  of  defense ;  the  coordination 
of  military,  industrial,  and  commercial  purposes  in  the  location  of  ex- 
tensive highways  and  branch  lines  of  railroad;  the  utilization  of 
waterways ;  the  mobilization  of  military  and  naval  resources  for  de- 
fense; the  increase  of  domestic  production  of  articles  and  materials 
essential  to  the  support  of  armies  and  of  the  people  during  the  inter- 
ruption of  foreign  commerce ;  the  development  of  seagoing  transpor- 
tation; data  as  to  amounts,  location,  method  and  means  of  produc- 


\ 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  467 

tion,  and  availability  of  military  supplies;  the  giving  of  information 
to  producers  and  manufacturers  as  to  the  class  of  supplies  needed  by 
the  military  and  other  services  of  the  Government,  the  requirements 
relating  thereto,  and  the  creation  of  relations  which  will  render  pos- 
sible in  time  of  need  the  immediate  concentration  and  utilization  of 
the  resources  of  the  Nation.    Id. 

1619a.  Powers  or  duties  of  council  not  enlarped  hy  existence  of 
state  of  war. — In  the  expenditure  of  said  moneys  ^  the  existence  of  a 
state  of  war  shall  not  be  construed  as  enlarging  the  powers  or  duties 
of  the  Council  of  National  Defense,  but  that  such  powers  and  duties 
shall  remain  as  prescribed  by  the  Act  creating  said  council,  approved 
August  twenty-ninth,  nineteen  hundred  and  sixteen.  Act  of  June 
15,  1917  {IfO  Stat.  182). 

1620.  Same — Rules  and  regulations  for  conduct  of  its  work;  or- 
ganization of  subordinate  bodies. — The  Council  of  National  Defense 
shall  adopt  rules  and  regulations  for  the  conduct  of  its  work,  which 
rules  and  regulations  shall  be  subject  to  the  approval  of  the  Presi- 
dent, and  shall  provide  for  the  work  of  the  advisory  commission  to 
the  end  that  the  special  knowledge  of  such  commission  may  be  de- 
veloped by  suitable  investigation,  research,  and  inquiry  and  made 
available  in  conference  and  report  for  the  use  of  the  council ;  and  the 
council  may  organize  subordinate  bodies  for  its  assistance  in  special 
investigations,  either  by  the  employment  of  experts  or  by  the  crea- 
tion of  committees  of  specially  qualified  persons  to  serve  without 
compensation,  but  to  direct  the  investigations  of  experts  so  em- 
ployed.   Sec.  2,  Act  of  Aug.  29,  1916  {39  Stat.  650). 

1621.  Same — Ajypropriation  for  investigations  of,  annual  and  other 
reports  by,  etc. — The  sum  of  $200,000,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated,  out  of  any  money  in  the  Treas- 
ury not  otherwise  appropriated,  to  be  immediately  available  for 
experimental  work  and  investigations  undertaken  by  the  council, 
by  the  advisory  commission,  or  subordinate  bodies,  for  the  employ- 
ment of  a  director,  expert  and  clerical  expenses  and  supplies,  and 
for  the  necessary  expenses  of  members  of  the  advisory  commission 
or  subordinate  bodies  going  to  and  attending  meetings  of  the  com- 
mission or  subordinate  bodies.  Reports  shall  be  submitted  by  all 
subordinate  bodies  and  by  the  advisory  commission  to  the  council, 
and  from  time  to  time  the  council  shall  report  to  the  President  or 
to  the  heads  of  executive  departments  upon  special  inquiries  or 
subjects  appropriate  thereto,  and  an  annual  report  to  the  Congress 

^Appropriation  for  expenses  of  experimental  worlv  and  investigations  under- 
taken by  the  Council,  employment  of  experts,  and  clerical  and  other  assist- 
ance at  rates  of  compensation  authorized  by  Section  167,  Revised  Statutes 
(Par,  44,  ante),  purchase  of  supplies,  books  of  reference,  expenses  of  members 
of  the  council,  advisory  commission,  etc.,  attending  meetings,  and  rental  o£ 
quarters  in  the  District  of  Columbia. 


468  MILITARY   LAWS   OF   THE   UNITED   STATES^   1915. 

shall  be  submitted  through  the  President,  including  as  full  a  state- 
ment of  the  activities  of  the  council  and  the  agencies  subordinate 
to  it  as  is  consistent  with  the  public  interest,  including  an  itemized 
account  of  the  expenditures  made  by  the  council  or  authorized  by  it, 
in  as  full  detail  as  the  public  interest  will  permit :  Provided^  however. 
That  when  deemed  proper  the  President  may  authorize,  in  amounts 
stipulated  by  him,  unvouchered  expenditures  and  report  the  gross 
sums  so  authorized  not  itemized.     Id. 

KITRATE   SUPPLY. 

1622.  For  manufacture  of  munitions  of  war^  etc. — The  President 
of  the  United  States  is  hereby  authorized  and  empowered  to  make,  or 
cause  to  be  made,  such  investigation  as  in  his  judgment  is  necessary 
to  determine  the  best,  cheapest,  and  most  available  means  for  the 
production  of  nitrates  and  other  products  for  munitions  of  war  and 
useful  in  the  manufacture  of  fertilizers  and  other  useful  products 
by  water  power  or  any  other  power  as  in  his  judgment  is  the  best 
and  cheapest  to  use ;  and  is  also  hereby  authorized  and  empowered  to 
designate  for  the  exclusive  use  of  the  United  States,  if  in  his  judg- 
ment such  means  is  best  and  cheapest,  such  site  or  sites,  upon  any 
navigable  or  nonnavigable  river  or  rivers  or  upon  the  public  lands, 
as  in  his  opinion  will  be  necessary  for  carrying  out  the  purposes  of 
this  Act;  and  is  further  authorized  to  construct,  maintain,  and  oper- 
ate, at  or  on  any  site  or  sites  so  designated,  dams,  locks,  improve- 
ments to  navigation,  power  houses,  and  other  plants  and  equip- 
ment or  other  means  than  water  power  as  in  his  judgment  is  the 
best  and  cheapest,  necessary  or  convenient  for  the  generation  of  elec- 
trical or  other  power  and  for  the  production  of  nitrates  or  other 
products  needed  for  munitions  of  war  and  useful  in  the  manufacture 
of  fertilizers  and  other  useful  products.  Sec.  12 J^^  Act  of  June  -5,  1916 
{39  Stat.  215). 

1623.  Same — Acquisition  of  lands  and  materials  for  construction 
and  operation  of  plants. — The  President  is  authorized  to  lease,  pur- 
chase, or  acquire,  by  condemnation,  gift,  grant,  or  devise,  such  lands 
and  rights  of  way  as  may  be  necessary  for  the  construction  and 
operation  of  such  plants,  and  to  take  from  any  lands  of  the  United 
States,  or  to  purchase  or  acquire  by  condemnation  materials,  minerals, 
and  processes,  patented  or  otherwise,  necessary  for  the  construction 
and  operation  of  such  plants  and  for  the  manufacture  of  such 
products.     Id. 

1624.  Same — Use  and  disposition  of  products  of  the  plants. — The 
products  of  such  plants  shall  be  used  by  the  President  for  military 
and  naval  purposes  to  the  extent  that  he  may  deem  necessary,  and 
any  surplus  which  he  shall  determine  is  not  required  shall  be  sold 


MILITAKY   LAWS   OF    THE   UNITED   STATES,   1915.  469 

and  disposed  of  by  him  under  such  reguhitions  as  he  may  pre- 
scribe.   Id. 

1625.  ^ia7Re — Employment  of  necessary  officers  or  agents  to  carry 
out  jmrposcs  of  section. — The  President  is  hereby  authorized  and 
empowered  to  employ  such  officers,  agents,  or  agencies  as  may  in  his 
discretion  be  necessary  to  enable  him  to  carry  out  the  purposes  herein 
specified,  and  to  authorize  and  require  such  officers,  agents,  or  agen- 
cies to  perform  any  and  all  of  the  duties  imposed  upon  him  by  the 
provisions  hereof.     Id. 

1626.  Same — Appi'opriation  for,  to  remain  available  until  ex- 
pended.— The  sum  of  $20,000,000  is  hereby  appropriated,  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropriated,  available  until 
expended,  to  enable  the  President  of  the  United  States  to  carry  out 
the  purposes  herein  provided  for.     Id. 

1627.  Same — Plants  to  he  operated  solely  hy  the  Government. — 
The  plant  or  plants  provided  for  under  this  Act  shall  be  constructed 
and  operated  solely  by  the  Government  and  not  in  conjunction  with 
any  other  industry  or  enterprise  carried  on  by  private  capital.     Id. 

1628.  Funds  appropriated  for,  may  he  raised  hy  sale  of  Panama 
Canal  honds. — In  order  to  raise  the  money  appropriated  by  this  Act 
and  necessary  to  carry  its  provisions  into  effect,  the  Secretary  of  the 
Treasury,  upon  the  request  of  the  President  of  the  United  States, 
may  issue  and  sell,  or  use  for  such  purpose  or  construction  herein- 
above authorized,  any  of  the  bonds  of  the  United  States  now  avail- 
able in  the  Treasury  of  the  United  States  under  the  Act  of  August 
fifth,  nineteen  hundred  and  nine,  the  Act  of  February  fourth,  nine- 
teen hundred  and  ten,  and  the  Act  of  March  second,  nineteen  hun- 
dred and  eleven,  relating  to  the  issue  of  bonds  for  the  construction  of 
the  Panama  Canal,  to  a  total  amount  not  to  exceed  $20,000,000.     Id. 

1629.  Same — Maturity  of  honds. — Any  Panama  Canal  bonds  issued 
and  sold  or  used  under  the  provisions  of  this  section  may  be  made 
payable  at  such  time  after  issue  as  the  Secretar}^  of  the  Treasur}^, 
in  his  discretion,  may  deem  advisable,  and  fix,  instead  of  fifty  years 
after  date  of  issue,  as  in  said  Act  of  August  fifth,  nineteen  hundred 
and  nine,  not  exceeding  fifty  years.    Id.  216. 


CHAPTER  XLH. 


SELECTIVE  SERVICE  ACT. 


Par. 

Draft,  organize,  and  equip  addi- 
tional force  of  500,000  men; 
officers   tlierefor 1630 

Same — Organization  same  as 
corresponding  organizations 
of  Regular  Army 1631 

Appointment  of  officers 1632 

Same  —  Recommissioning  in 
Coast  Guard  former  officers 
of  Revenue-Cutter  Service  or_     16i'^8 

Draft,  organize,  officer,  equip 
and  train  additional  force  of 
500,000  men 1634 

Draft,     organize,     officer,-    and 

equip  i-ecruit  trainji>g  units 1635 

Draft,  organize,  offix^er,  aufl 
maintain  batteries,  battalions, 
etc 1636 

Voluntary  enlistment  or  draft 
of  men  necessary  to  complete 
and  maintain  Regular  Army 
and  drafted  National  Guard 
organizations ;  other  forces 
raised  by   selective  draft 1637 

Persons    subject    to    draft;    age 

limit 1638 

Quotas  from  States,  Territories, 

and  r>istriet  of  Columbia 1639 

A\l  drafted  forces  and  officers 
holding  commissions  tlierein 
subject  to  Articles  of  War; 
duration  of  service 1640 

Termination  of  services  of  per- 
sons selected  by  draft 1640a 

Proclamation  as  to  peace  and 
transportation  of  forces  to 
home  station 1640b 


Pa  r. 

Voluntary  enlistment  or  draft 
of  special  and  technical 
troops 1041 

Organizations  to  be  composed  of 
and  officered  by  men  coming 
from  same  State  or  locality 1642 

Bounties  and  substitutes  pro- 
hibited      1643 

Exemptions       from       setecti\-e 

diitaft 1644 

Same— Eiich  State,  etc.,  to  fur- 
nish quota  notwithstandirig 
such    exemptions. 1045 

Same — Local  boards  for  States, 
TeiTFtories,  etc.,  to  pans  upon 
exemptions 1646 

Same  —  Appointment,  composi- 
tion,  and  qualification ._     1647 

Same— Powers  and  duties  of 1648 

District  boards,  apiwintmeiat, 
quaMeations,  and  jurisdic- 
tion       1649 

Powers  and  duties  on  appeaks 
from  local  boards  and  in  origi- 
nal   cases^ 1650 

Same — Decisions  final,  excep- 
tions       1651 

Vacancies  on  local  and  district 
boards,  filling  of 1652 

Regulations  to  be  prescribed  for 
organization,  procedure,  etc., 
of  local  and  district  boards  of 
exemption 1653 

Pei*sons  subject  to  registration ; 
duty  to  register ;  failure  or  re- 
fusal to  register,  punishment-     1654 

471 


472 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


Par 

Same  —  Precedence  given  in 
criminal  prosecutions  to  cases 
of  failure  to  register 1655 

Same — ^Age  limit  for  registra- 
tion ;  remain  subject  to  draft 
unless  exempted 1656 

Registration  of  temporary  ab- 
sentees       1657 

Services  of  all  departments  aud 
officers  of  United  States, 
States,  etc.,  may  be  utilized..    1658 

Use    of    penalty    envelopes    for 

correspondence 1659 

Failure  or  neglect  to  perform  re- 
quired duties;  false  registra- 
tion, etc.,  punishment 1660 

Qualifications  and  conditions  for 

voluntary    enlistment 1661 

Grouping  of  enlisted  or  drafted 

units 1662 


Temporary  appointment  of  gen- 
eral officers 

Same — Selection  of  appointees- 

Same — Vacancies  in  Regular 
Army  resulting  from  such  ap- 
pointments  

Period  of  appointments  au- 
thorized by  sections  one  and 
eight 

Discharge  of  appointed  otiicers ; 
military  boards  to  report  upon 
capacity,  qualifications,  con- 
duct, and  efficiency  of  officers- 

Rank  of  members  of  boards,  and 
approval  of  report  by  I* resi- 
dent  

Pay,  allowances,  etc.,  of  officers 
and  enlisted  men 

Repealing   clause 


Tar- 

1663 
1663a 


1664 


1665 


1666 


166T 

166S 
1669 


SELECTIVE   SERVICE   ACT.* 

1630.  Drafts  organize^  and  equip  additional  force  of  500flO0  mew ; 
officers  therefor, — To  raise  by  draft  as  herein  provided,  organ- 
ize and  equip  an  additional  force  of  five  hundred  thousand  enlisted 
men,  or  such  part  or  parts  thereof  as  he  may  at  any  time  deem  neces- 
sary, and  to  provide  the  necessary  officers,  line  and  staff,  for  said 
force  and  for  organizations  of  the  other  forces  hereby  authorized,  or 
by  combining  organizations  of  said  other  forces,  by  ordering  mem- 
bers of  the  Officers'  Reserve  Corps  to  temporary  duty  in  accordance 
with  the  provisions  of  section  thirty-eight  ^  of  the  national  defense 
Act  approved  June  third,  nineteen  hundred  and  sixteen;  by  appoint- 
ment from  the  Eegular  Army,  the  Officers'  Eeserve  Corps,  from  those 
duly  qualified  and  registered  pursuant  to  section  twenty-three'  of 
the  Act  of  Congress  approved  January  twenty-first,  nineteen  hun- 
dred and  three  (Thirty-second  Statutes  at  Large,  page  seven  hun- 
dred and  seventy-five),  from  the  members  of  the  National  Guard 
drafted  into  the  service  of  the  United  States,  from  those  who  have 
been  graduated  from  educational  institutions  at  which  military  in- 
struction is  compulsory,  or  from  those  who  have  had  honorable  serv- 
ice in  the  Eegular  Army,  the  National  Guard,  or  in  the  volunteer 

*  Certain  paragraphs  which  relate  to  the  Regular  Army,  etc.,  will  be  found 
under  other  chapters. 

» Paragraph  1544,  ante,  or  39  Stat.  190. 

•  See  footnote  to  paragraph  1388,  ante,  or  32  Stat.  779. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  473 

forces,  or  from  the  country  at  large/  by  assigning  retired  officers 
of  the  Kegiilar  Army  to  active  duty  with  such  force  with  their  rank 
on  the  retired  list  and  the  full  pay  and  allowances  of  their  grade ;  or  by 
the  appointment  of  retired  officers  and  enlisted  men,  active  or  retired  ^ 
of  the  E^gular  xirmy  as  commissioned  officers  in  such  forces.  Par, 
3,  Sec.  1,  Act  of  May  18,  1917  {J^O  Stat.  76.) 

(See  note  to  paragraph  329a  for  distinction  between  a  commission  in  the 
National  Army,  the  Regular  Army,  etc.) 

1631.  Same — Organhation  same  as  corresponding  organizations  of 

Regular  Army. — The  organization  of  said  force  shall  be  the  same  as 

that  of  the  corresponding  organizations  of  the  Regular  Army.^    Id, 

(For  paragraphs  1  and  2  of  this  section,  see  paragraphs  331ci,  331cl,  1339p, 
and  1339q.  and  for  the  ensuing  provision  of  this  paragraph  of  the  section,  see 
paragraph  356b,  ante.) 

1632.  Appointmerit  of  officers. — Officers  with  rank  not  above  that 
of  colonel  shall  be  appointed  by  the  President  alone,  and  officers 
above  that  grade  by  the  President  by  and  with  the  advice  and  con- 
sent of  the  Senate.     Id.,  77, 

(For  the  provision  of  this  paragraph  of  section  1  immediately  preceding  this 
paragraph,  see  paragraph  356e.) 

1633.  Sa7ne — Recommissianing  in  Coast  Guards  former  officers  of 
Revenue-Cutter  Service  or. — The  President  may  in  his  discretion 
recommission  in  the  Coast  Guard  persons  who  have  heretofore  held 
commissions  in  the  Revenue-Cutter  Service  or  the  Coast  Guard  and 
have  left  the  service  honorabl}^,  after  ascertaining  that  they  are 
qualified  for  service  physically,  morally,  and  as  to  age  and  military 
fitness.     Id. 

1634.  Draft,  organize,  officer,  equip,  and  train  additional  force  of 
600,000  men. — The  President  is  further  authorized,  in  his  discretion 
and  at  such  time  as  he  may  determine,  to  raise  and  begin  the  training 
of  an  additional  force  of  five  hundred  thousand  men  organized,  offi- 

^An  officer  appointed  to  the  National  Army  from  civil  life  under  the  act  of 
]\Iay  18,  1917,  upon  his  acceptance  of  his  commission  is  entitled  to  mileage  for 
travel  under  competent  orders  from  his  place  of  residence  to  his  first  duty 
station.  (Act  of  June  12,  1906,  34  Stat.  246.)  Similarly  a  member  of  the 
Officers'  Reserve  Corps  is  entitled  to  mileage  upon  being  ordered  to  active  duty 
(national  defense  act  of  June  3,  1916,  sec.  38)  ;  (see  23  Comp.  Dec.  Comp- 
troller 705).  So  much  of  paragraph  1279,  Army  Regulations,  as  is  inconsistent 
herewith  is  not  in  accordance  with  the  law.  (Dig.  Opin.  J.  A.  G.,  January, 
1918.) 

*The  acceptance  by  a  retired  enlisted  man  of  an  appointment  to  a  higher 
grade  while  employed  on  active  duty,  under  section  7  of  the  act  of  May  18, 
1917  (40  Stat.  76),  will  not  affect  his  retired  status.  Upon  the  termination  of 
his  active  duty  he  will  revert  to  the  same  status  as  a  retired  enlisted  may 
which  he  occupied  prior  to  the  acceptance  of  an  appointment  in  the  temporary 
forces  and  will  again  become  entitled  to  the  retired  pay  and  allowances  of  an 
enlisted  man  of  his  grade  on  the  enlisted  man's  retired  list.  During  his  active 
duty  his  pay  on  the  retired  list  is  in  abeyance.     (M.  February,  1918.) 

^  See  paragraph  1532a,  ante,  for  authorization  for  appointments  into  certain 
designated  grades  in  staff  corps. 


474  MILITARY   LAWS    OF    THE   UNITED   STATES^   1915. 

cerecl,  and  equipped,  as  provided  for  the  force  first  mentioned  in  the 
preceding  paragraph  of  this  section.     Par.  4,  S>eG.  i,  id, 

1635.  Draft^  organize^  officer^  and  equip  recruit  training  unit^. — 
To  raise  by  draft,  organize,  equip,  and  officer,  as  provided  in  the 
third  paragraph  of  this  section,  in  addition  to  and  for  each  of  the 
above  forces,  such  recruit  training  units  as  he  may  deem  necessary 
for  the  maintenance  of  such  forces  at  the  maximum  strength.  Par.  5, 
Sec.  i,  id. 

1636.  Draft^  organize^  officer^  and  maintain  ammunition  batteries^ 
battalions^  etc.— To  raise,  organize,  officer,  and  maintain  during  the 
emergency  such  number  of  ammunition  batteries  and  battalions, 
depot  batteries  and  battalions,  and  such  artillery  parks,  with  sucli 
numlx^rs  and  grades  of  personnel  as  he  may  deem  necessary.  Such 
organizations  shall  be  officered  in  the  manner  provided  in  the  third 
paragraph  of  this  section,  and  enlisted  men  may  be  assigned  to  said 
organizations  from  any  of  the  forces  herein  provided  for  or  raised 
by  selective  draft  as  by  this  Act  provided.    Par.  6,  Sec.  1,  id. 

(For  paragraph  7,  section  1,  see  paragraph  1388a,  ante.) 

1637.  Voluntary  enlistment  or  draft  of  men  necessary  to  complete 
and  maintain  Regular  Army  and  drafted  National  Guard  organiza- 
tions; other  forces  raised  by  selective  draft. — The  enlisted  men  re- 
quired to  raise  and  maintain  the  organizations  of  the  Regular  Army 
and  to  complete  and  maintain  the  organizations  embodying  the  mem- 
bers of  the  National  Guard  drafted  into  the  service  of  the  United 
States,  at  the  maximum  legal  strength  as  by  this  Act  provided,  shall 
be  raised  by  voluntary  enlistment,  or  if  and  whenever  the  President 
decides  that  they  can  not  effectually  be  so  raised  or  maintained,  then 
by  selective  draft;  and  all  other  forces  hereby  authorized,  except  as 
provided  in  the  seventh  paragraph  of  section  one,  shall  be  raised  and 
maintained  by  selective  draft  exclusively;  but  this  provision  shall  not 
prevent  the  transfer  to  any  force  of  training  cadres  from  other  forces. 
Sec.  ^,  id. 

(For  qualifications  and  conditions  for  voluntary  enlistment  see  paragraph 
1661,  post.) 

1638.  Persons  subject  to  draft:  age  limit. — Such  draft  as  herein 
provided  shall  be  based  upon  liability  to  military  service  of  all  male 
citizens,  or  male  persons  not  alien  enemies  who  have  declared  their 
intention  to  become  citizens,  between  the  ages  of  twenty-one  and 
thirty  j^ears,  both  inclusive,  and  shall  take  place  and  be  maintained 
under  such  regulations  as  the  President  may  prescribe  not  incon- 
sistent with  the  terms  of  this  Act.^     Id. 

*  Citizens  of  a  foreign  country  subject  to  draft  may  not  be  released  therefrom 
to  permit  tliem  to  enlist  in  the  army  of  their  own  country.  (War  Dept.  Bull. 
67,  Nov.  30,  1917.) 

Relator  was  brought  before  the  court  on  a  writ  of  habeas  corpus.  He  was  a 
citizen  of  Russia,  had  never  declared  his  intention  of  becoming  a  citizen  of  the 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  475 

1639.  Quotas  from  States,  Territories,  and  District  of  Colwnhia, — ■ 
Quotas  for  the  several  States,  Territories,  and  the  District  of  Co- 
United  States,  was  drafted  for  military  service  and  ordered  to  report,  and  was 
arrested  by  the  military  authorities  for  not  reporting.  He  received  the  usual 
notices;  lie  never  made  any  claim  for  exemption  on  ground  of  alienage  in  the 
manner  prescribed  by  the  regulations.  He  alleged  that  he  had  made  certain 
informal  claims  and  failed  to  mal^e  formal  claim  by  reason  of  a.ssurances  given 
him  by  members  of  the  local  board  that  being  an  alien  he  need  not  trouble 
himself  further.  This  was  denied  by  members  of  the  local  board.  After  the 
time  for  filing  exemption  claims  had  expired  he  made  formal  claim.  The  court 
stated  the  question  at  issue  to  be  this: 

"  Is  a  person  who  failed  to  claim  exemption  on  the  gi'ound  that  he  was  a 
noudeclaraut  alien,  and  who  now  asserts  (without  contradiction)  that  he  Is 
siich  an  alien,  properly  in  the  custody  of  the  military  authorities?  " 

The  question  is  answered  in  the  affirmative,  on  the  ground  that  the  relator 
was  not  denied  a  fair  hearing  and  the  local  and  district  boards  acted  in  strict 
accordance  v,ath  the  procedure  laid  down  by  the  regulations.  The  following 
excerpt  from  the  opinion  is  of  special  interest : 

•'The  remaining  question  is  whether  the  local  board  wholly  lacke<.l  .jurisdic- 
tion. It  is  contended  because  nondeclarant  aliens  are  exempted  from  the  draft 
that  no  obligation  was  placed  upon  relator  affirmatively  to  present  his  claim  for 
exemption,  and  this  is  but  another  way  of  stating  that  by  virtue  of  the  act  itself 
relator  was  automatically  exempted. 

"  It  must  be  conceded  at  the  outset  that  Congress  had  the  power  to  subject  i 
all  persons  to  the  draft  whether  citizens  or  aliens. 

"  Tlie  question,  then,  is  whether  from  the  structure  of  the  act  it  was  the 
intention  of  Congress  that  only  those  who  claimed  exemption  should  in  proper 
cases  be  exempted  or  whether  thoae  entitled  to  exemption  could  disregard  the 
procedure  provided  for  by  the  act  and  the  regulations  and  show  aliunde,  as  liere, 
that  they  fell  within  one  of  the  statutory  exempt  classes. 

"  The  whole  plan  of  the  act  is  undoubtedly  to  require  that  those  who  claim  i 
exemption  shall  affirmatively  present  their  claim  to  the  appropriate  body  so  i 
that  that  body  can  determine  as  a  fact  whether  the  person  falls  within  the  ' 
exempted  classes.     When,  tlierefore,  no  such  claim  is  presented  and  the  pro- 
ceedings of  the  local  and  the  district  boards  are  regular  in  every  respect,  the  : 
court  can-  not  go  outside  of  the  proceedings  of  the  boards  to  determine  inde- 
pendently something  which  the  act  required  should  be  determined  by   th.ese 
boards."     (United  States  ex  rel.  Koopowitz  r.  Finley.     United  States  District 
Court,  Soutliern  District  of  New  York,  Mayer,  judge,  Nov.  3,  1917 :  War  DepL  ' 
Bull.  72,  Dec.  24,  1917.) 

The  petitioner  was  a  citizen  of  the  Kingdom  of  Spain,  who  had  filed  his 
declaration  of  intention  to  become  a  citizen  of  the  United  States.     He  was 
arrested  off  the  shore  of  Mexico  by  a  United  States  war  vessel  and  detained  ■ 
under  process  for  evading  the  selective  draft  act.     He  made  application  for  a 
writ  of  habeas  corpus,  claiming  that  when  arrested  he  vras  on  his  way  to  Spain,  { 
and  that  he  was  not  subject  to  the  draft  act  on  account  of  the  provisioBS  of 
the  treaty  with  Spain  by  which  its  citizens  are  exempt  from  compulsory  mili- 
tary service  in  the  United  States  forces.     Held,  that  the  petitioner  was  subject 
to  draft;  that  the  provisions  of  the  di-aft  act,  when  in  conflict  with  prior  treaty  ; 
stipulations,  prevail  over  them,  and  that  the  order  to  show  cause  why  a  writ  j 
of  habeas  corpus  should  not  issue  be  discharged  and  the  writ  denied.*    (In  re 
Victor  Larrucea,  United  States  District  Court,  Southern  District  of  California, 
Southern  Davision.     Bledsoe,  judge;  id. 

A  nondeclarant  citizen  of  Austria  registered  under  the  selective  draft  act, 
stating  upon  his  registration  card  that  he  was  a  citizen  of  Austria.     He  made 
no  claim  for  exemption  and  appeared  for  medical  examination,  but  when  noti- 
fied to  present  himself  for  transportation  to  camp,  he  declined  to  do  so  and  • 
was  arrested  and  brought  to  camp  as  a  deserter.     After  his  arrival  in  camp  he  , 
was  given  a  further  opportunity  to  file  afiidavits  in  support  of  his  claim  but  i 
failed  to  do  so.     Held,  that  such  man  was  in  the  military  service  of  the  United  ; 
States.     Section  IS  of  the  Selective  Service  Regulations,  provides  (1)  that  a  resi-  ; 
dent  nondeclarant  alien  is  entitled  to  claim  exemption  from  the  draft,  (2)  that  i 
siich  a  claim  must  be  made  by  the  claimant. or  by  some  person  in  his  behalf  on  I 
a  prepared  form  and  filed  with  the  local  board  before  the  seventh  day  after  the  ! 
mailing  by  the  local  board  to  him  of  the  notice  of  his  having  been  called  for  j 


476  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

lumbia,  or  subdivisions  thereof,  sluill  be  determined  in  proportion  to 
the  population  thereof,  and  credit  shall  be  given  to  any  State,  Terri- 
tory, District,  or  subdivision  thereof,  for  the  number  of  men  who 
were  in  the  military  service  of  the  United  States  as  members  of  the 

service,  and  (3)  that  the  statement  on  the  registration  card  of  any  such  person 
that  exemption  is  claimed  shall  not  be  construed  or  considered  as  the  presenta- 
tion of  a  claim  for  exemption.  As  pointed  out  in  United  States  v.  Finley  (245 
Fed.  871),  alienage  is  a  privilege  which  like  all  other  claims  for  exemption  must 
be  asserted  by  the  person  claiming  it  in  the  manner  prescribed  in  the  regulations. 
It  is  immaterial  that  subsequent  to  the  happening  of  the  above-recited  facts 
war  has  been  declared  upon  Austria,  since  the  status  of  the  accuseil  was  fixed 
on  the  date  of  his  induction  into  the  military  service.  (Dig.  Opin.  J.  A.  G.,  Jan- 
uary, 1918.) 

The  Supreme  Court  of  the  United  States  has  held  the  selective  draft  act  of 
IMay  18,  1917,  to  be  a  proper  exercise  of  the  Vvar  x^ower  conferred  upon  Congress 
by  Article  I,  section  8,  of  the  Constitution.  In  response  to  the  contention  of 
appellants  that  the  power  conferred  upon  Congress  to  raise  armies  was  only 
coterminous  with  United  States  citizenship  and  could  not  be  exerted  so  as  to 
cause  that  citizenship  to  lose  its  dependent  character  and  dominate  State 
citizenship,  the  court  pointed  out  that  the  power  to  raise  armies,  by  the  very 
terms  of  the  Constitution,  being  delegated,  is  supreme.  To  the  further  conten- 
tion that  such  power  of  Congress  to  raise  armies  was  limited  to  calling  for 
volunteers  and  could  not  include  the  power  to  exact  enforced  military  duty  by 
the  citizen,  the  court  replied  that  such  a  view  challenged  the  existence  of  all 
power,  "  for  a  governmental  power  which  has  no  sanction  to  it  and  which, 
therefore,  can  only  be  exorcised  provided  the  citizen  consents  to  this  exertion 
is  in  no  substantial  sense  a  power."  The  power  is  neither  repugnant  to  a  free 
government  nor  in  conflict  with  the  guaranties  of  the  Constitution  as  to  indi- 
vidual liberty.  Such  power  to  impose  military  service  on  the  citizenry  was 
recognized  and  enforced  in  England  before  the  Norman  conquest.  Throughout 
the  course  of  English  constitutional  history  the  existence  of  this  power  was 
unquestioned,  though  it  was  long  a  matter  of  dispute  as  to  whether  it  resided 
in  the  Crown  or  in  Parliament.  The  power  in  question  has  lately  been  exer- 
cised by  the  English  niilitary  service  act  of  January  27,  1916.  In  the  American 
colonies  before  the  separation  from  England,  the  right  to  enforce  military 
service  was  unquestioned,  as  it  was  in  the  several  States  under  the  Articles  of 
Confederation.  It  was  obviously  the  intention  of  the  framers  of  the  Constitu- 
tion to  take  this  power  from  the  States  and  delegate  it  to  Congress;  in  fact, 
the  want  of  power  in  Congress  to  raise  armies  was  one  of  the  recognized 
necessities  for  the  adoption  of  our  Constitution. 

The  constitutional  power  of  ('ongress  over  the  militia  of  the  several  States 
is  much  more  limited,  and  the  distinction  between  such  power  and  the  power 
of  Congress  to  raise  armies  has  been  recognized  throughout  the  history  of  the 
Nation.  In  the  AVar  of  1812,  in  the  Mexican  War,  and  in  the  earlier  years  of 
the  Civil  War,  the  State  militia  and  volunteer  forces  were  relied  on  by  Con- 
gress in  the  creation  of  our  armies;  but  by  the  act  of  March  3,  1803  (C.  75, 
12  Stat.  731),  every  male  citizen  of  the  United  States  between  the  ages  of  20 
and  45  was  made  subject  to  be  called  by  compulsory  draft  to  service  in  the 
National  Army  at  such  time  and  in  such  numbers  as  the  President  in  his 
discretion  might  find  necessary,  and  under  the  power  thus  executed  four 
separate  drafts  were  made  by  the  President  and  enforced  during  the  years 
1863  and  1864.  The  validity  of  such  draft  act  was  sustained  in  Kneedler  v. 
Lane  (45  Pa.  St.  238)  ;  and  a  similar  draft  law  enacted  by  the  Confederate 
Congress  pursuant  to  a  clause  in  the  Confederate  Constitution  identical  with 
that  of  our  own  Constitution  was  upheld  by  the  several  courts  of  the  seceding 
States.  The  force  of  the  foregoing  argument  is  strengthened  by  the  fact  that 
the  fourteenth  amendment,  as  has  many  times  been  pointed  out,  has  broadened 
the  national  scope  of  the  Government  under  the  Constitution  by  causing  citizen- 
ship of  the  United  States  to  be  paramount  and  dominant  instead  of  being 
subordinate  and  derivative.  Nor  are  any  of  the  specific  provisions  of  the  act 
of  May  18,  1917,  repugnant  to  the  Constitution.  The  contention  that  the  act 
is  void  as  a  delegation  of  Federal  powers  to  State  officials  because  of  some  of 
its  administrative  features  is  wholly  without  merit;  nor  is  the  act  void  as 
vesting   administrative   officers   with    legislative   discretion    or   with   judicial 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  477 

National  Guard  on  April  first,  nineteen  hundred  and  seventeen,  or 
who  have  since  said  date  entered  the  military  service  of  the  United 
States  from  any  such  State,  Territory,  District,  or  subdivision, 
either  as  members  of  the  Regular  Army  or  the  National  Guard. 
Id.,  78. 

1640.  All  drafted  forces  and  oificers  holding  commissions  therein 
subject  to  Articles  of  War/  duration  of  service. — All  persons  drafted 
into  the  service  of  the  United  States  ?.nd  all  officers  accepting  com- 
missions in  the  forces  herein  provided  for  shall,  from  the  date  of 
said  draft  or  acceptance,  be  subject  to  the  laws  and  regulations  gov- 
erning the  Eegular  Army,  except  as  to  promotions,  so  far  as  such 
laws  and  regulations  are  applicable  to  persons  whose  permanent 
retention  in  the  military  service  on  the  active  or  retired  list  is  not 
contemplated  by  existing  law,  and  those  drafted  shall  be  required  to 
serve  for  the  period  of  the  existing  emergency  unless  sooner  dis- 
charged.   Id. 

(For  the  ensuing  provision  of  this  section  see  paragraph  1641,  post.) 
1640a.  Termination  of  services  of  persons  selected  hy  draft. — The 
service  of  all  persons  selected  by  draft  and  all  enlistments  under 
the  provisions  of  the  Act  entitled  "An  Act  to  authorize  the  Presi- 
dent to  increase  temporarily  the  Military  Establishment  of  the 
United  States,"  approved  May  eighteenth,  nineteen  hundred  and 
seventeen,  shall  be  for  the  period  of  the  war,  unless  sooner  termi- 
nated by  discharge  or  otherwise.  Sec.  4,  Act  of  June  15.,  1917  (iO 
Stat.  217). 

1640b.  Proclamation  as  to  peace  and  transportation  of  forces  to 
home  station. — Whenever  said  war  shall  cease  by  the  conclusion  of 
peace  between  the  United  States  and  its  enemies  in  the  present  war, 
the  President  shall  so  declare  by  a  public  proclamation  to  that  effect, 
and  within  four  months  after  the  date  of  said  proclamation  or  as 
soon  thereafter  as  it  may  be  practicable  to  transport  the  forces  then 
serving  without  the  United  States  to  their  home  station,  the  pro- 
visions of  said  Act,  in  so  far  as  they  authorize  compulsory  service 
by  selective  draft  or  otherwise,  shall  cease  to  be  of  force  and  effect. 
Id. 

1641.  Voluntary  enlistinent  or  draft  of  special  and  technical 
troops. — The  President  is  authorized  to  raise  and  maintain  J^y  volun- 
tary enlistment  or  draft,  as  herein  provided,  special  and  technical 
troops  as  he  may  deem  necessary,  and  to  embody  them  into  or- 
ganizations and  to  officer  them  as  provided  in  the  third  paragraph 

discretion.  Finally,  the  court  points  out  that  the  contention  that  the  thirteentli 
amendment  is  violated  by  the  exaction  by  the  Government  from  the  citizen  of 
the  performance  of  his  supreme  and  noble  duty  to  contribute  to  the  defense 
of  his  country  in  time  of  war  is  refuted  by  its  mere  statement.  (Arver  v. 
United  States,  245  U.  S.,  366;  Dig.  Opin.  J.  A.  G.,  January,  1918.) 


478  MILITABY   LAWS   OF   THE   UNITED   STATES,  1915. 

of  section  one  and  section  nine  of  this  Act.    Sec.  2,  Act  of  May  18, 
1917  {40  Stat.  78). 

(For  qualifications  and  conditions  for  voluntary  enlistment  see  paragraph 
1661,  post.) 

1642.  Organizations  to  he  composed  of  and  officered  hy  men  com- 
ing from  same  State  or  locality. — Organizations  of  the  forces  herein 
provided  for,  except  the  Regular  Army  and  the  divisions  authorized 
in  the  seventh  paragraph  of  section  one,  shall,  as  far  as  the  interests 
of  the  service  permit,  be  composed  of  men  who  come,  and  of  officers 
who  are  appointed  from,  the  same  State  or  locality.     Id. 

1643.  Bounties  and  substitutes  prohibited. — No  bomit}'  ^  shall  be 
paid  to  induce  any  person  to  enlist  in  the  military  service  of  the 
United  States;  and  no  person  liable  to  military  service  shall  hereafter 
be  permitted  or  allowed  to  furnish  a  substitute  for  such  service ;  nor 
shall  any  substitute  be  received,  enlisted,  or  enrolled  in  the  military 
service  of  the  United  States ;  and  no  such  person  shall  be  permitted 
to  escape  such  service  or  to  be  discharged  therefrom  prior  to  the  ex- 
piration of  his  term  of  service  by  the  payment  of  money  or  any  other 
valuable  thing  whatsoever  as  consideration  for  his  release  from  mili- 
tary service  or  liability  thereto.     Sec.  3,  id. 

644.  Exemptions  from  selective  draft. — The  Vice  President  of  the 
United  States,  the  officers,  legislative,  executive,  and  judicial,  of  the 
United  States  and  of  the  several  States,  Territories,  and  the  District 
of  Columbia,  regular  or  duly  ordained  ministers  of  religion,  students 
who  at  the  time  of  the  approval  of  this  Act  are  preparing  for  the 
ministry  in  recognized  theological  or  divinity  schools,  and  all  per- 
sons in  the  military  ^  and  naval  service  of  the  United  States  shall  be 
exempt  from  the  selective  draft  herein  prescribed;  and  nothing  in 
this  Act  contained  shall  be  construed  to  require  or  compel  any  per- 
son to  serve  in  any  of  the  forces  herein  provided  for  who  is  found 

^  The  question  was  presented  whether  the  provision  in  the  National  Army  act, 
approved  May  18,  1917,  that  "  no  bounty  shall  be  paid  to  induce  any  i)erson  to 
enlist  in  the  military  service  of  the  United  States,"  repealed  the  provision  in 
the  act  of  May  11,  1908  (35  Stat.  110),  authorizing  the  payment  of  a  sum  equal 
to  three  months'  pay  to  any  honorably  discharged  soldier  upon  his  reenlistment 
within  three  months  after  his  discharge : 

Held,  That  the  three  months'  gratuity  authorized  by  the  act  of  May  11,  1908, 
upon  the  reenlistment  of  an  honorably  discharged  soldier  is  not  a  bounty  witliin 
the  prohibition  of  the  act  of  Mav  18,  1917,  and  that  the  former  act  was  not  re- 
pealed by  ttie  latter.     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 

*An  officer  in  the  National  Guard  whose  organization,  although  recognized  by 
the  Militia  Bureau,  has  been  neither  drafted  into  the  military  service  of  the 
United  States,  nor  specially  designated  to  be  so  drafted  by  orders  from  the  \S'ar 
Department,  is  personally  subject  to  draft  under  the  selective  draft  act  of  May 
■J8,  1917  (Selective  Service  Regulations,  note  3,  p.  40,  as  amended  Dec.  10, 
1917),  and  if  drafted,  he  would  be  drafted  as  any  other  citizen  of  the  United 
States — that  is,  as  a  private — and  not  as  an  officer  in  the  National  Guard. 
This  would  not  constitute  an  illegal  deprivation  of  his  commission  in  the  Na- 
tional Guard,     (Dig.  Opin.  J.  A.  G.,  January,  1918.) 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915.  479 

to  be  a  member  of  any  well-recognized  religious  sect  ^  or  organiza- 
tion at  present  organized  and  existing  and  whose  existing  creed  or 
principles  forbid  its  members  to  participate  in  war  in  any  form  and 
wKose  religious  convictions  are  against  war  or  participation  therein 
in  accordance  with  the  creed  or  principles  of  said  religious  organiza- 
tions, but  no  person  so  exempted  shall  be  exempted  from  service  in 
any  capacity  that  the  President  shall  declare  to  be  noncombatant ; 
and  the  President  is  hereby  authorized  to  exclude  or  discharge  from 
said  selective  draft  and  from  the  draft  under  the  second  paragraph 
of  section  one  hereof,  or  to  draft  for  partial  military  service  only 
from  those  liable  to  draft  as  in  this  Act  provided,  persons  of  the  fol- 
lowing classes:  County  and  municipal  officials;  customhouse  clerks; 
persons  employed  by  the  United  States  in. the  transmission  of  the 
mail ;  artificers  and  workmen  employed  in  the  armories,  arsenals,  and 
navy  yards  of  the  United  States,  and  such  other  persons  employed  in 
the  service  of  the  United  States  as  the  President  may  designate; 
pilots;  mariners  actually  employed  in  the  sea  service  of  any  citizen 
or  merchant  within  the  United  States ;  persons  engaged  in  industries, 
including  agriculture,  found  to  be  necessary  to  the  maintenance  of 
the  Military  Establishment  or  the  effective  operation  of  the  military 
forces  or  the  maintenance  of  national  interest  during  the  emergency ; 
those  in  a  status  with  respect  to  persons  dependent  upon  them  for 
supi)ort  w^hich  renders  their  exclusion  or  discharge  advisable:  and 
those  found  to  be  physically  or  morally  deficient.  'No  exemption  or 
exclusion  shall  continue  when  a  cause  therefor  no  longer  exists.^ 
Sec.  4,  id. 

1645.  Same — Each  State,  etc.,  to  furnish  quota  notwithstanding 
such  exeinptions. — Notwithstanding  the  exemptions  enumerated 
herein,  each  State,  Territory,  and  the  District  of  Columbia  shall  be 
required  to  supply  its  quota  in  the  proportion  that  its  population 
bears  to  the  total  population  of  the  United  States.    Id.,  79. 

^  Meml3^rs  of  well-recognized  religious  sects  wliose  creed  or  principles  forbid 
tte  participation  in  war  are  exempted  only  from  combatant  service,  not  from 
noncombatant  military  service.  Service  with  the  American  Red  Cross  or  man- 
ual labor  performed  upon  farms  or  gardens  operated  for  the  benefit  of  the  Army 
on  land  leased  or  occupied  for  military  purposes  is  not  military  service,  and 
can  not  be  designated  by  the  President  as  noncombatant  military  service,  as- 
signment to  which  will  relieve  conscientious  objectors  from  military  service. 
(War  Dept.  Bull.  67,  Nov.  30,  1917.) 

The  confidential  instructions  issued  by  the  War  Department  regarding  con- 
scientious objectors  related  to  their  treatment  while  they  remained  in  camp 
subject  to  military  control ;  it  was  not  intended  thereby  to  give  such  men  im- 
munity from  punishment  for  an  offense  such  as  desertion.  (Dig.  Opin.  J.  A.  G., 
Febiuary,  1918.) 

^  Held,  That  a  person  who  enlisted  in  the  Regular  Army  for  seven  years  in 
the  year  1914  and  purchased  his  release  and  was  honorably  discharged  in  April, 
1916,  was  not  exempt  from  the  draft;  that  the  act  of  May  IS,  1917,  specifies  the 
exempted  classes  in  clear  and  unambiguous  language,  and  ought  not  be  enlarged 
by  judicial  construction.  The  petition  for  the  writ  of  habeas  corpus  was  ac- 
cordingly dismissed.  (Re  Jack  Cohen,  decided  Oct.  17,  1917,  by  U.  S.  District 
Court  for  District  of  Mass.    Id.) 


480  MILITARY   LAWS   OF   THE    UNITED   STATES^  1915. 

1646.  Savie — Local  hoards  for  States^  Terr'dories^  etc.^  to  jmss  upon 
exem.ftlons. — The  President  is  hereb}^  authorized,  in  his  discretion, 
to  create  and  establish  throughout  the  seA^eral  States  and  subdivisions 
thereof  and  in  the  Territories  and  the  District  of  Cohimbia  local 
boards,  and  where,  in  his  discretion,  practicable  and  desirable,  there 
shall  be  created  and  established  one  such  local  board  in  each  county 
or  similar  subdivision  in  each  State,  and  one  for  approximately  each 
thirty  thousand  of  population  in  each  cit}^  of  thirty  thousand  popu- 
lation or  over,  according  to  the  last  census  taken  or  estimates 
furnished  by  the  Bureau  of  Census  of  the  Department  of  Com- 
merce.    Id. 

1647.  Saine — Appointment^  composition^  and  qualification. — Such 
boards  shall  be  appointed  by  the  President,  and  shall  consist  of  three 
or  more  members,  none  of  whom  shall  be  connected  with  the  Military 
Establishment,  to  be  chosen  from  among  the  local  authorities  of 
such  subdivisions  or  from  other  citizens  residing  in  the  subdivision 
or  area  in  which  the  respective  boards  will  have  jurisdiction  under 
the  rules  and  regulations  prescribed  by  the  President.     Id. 

1648.  Same — Powers  and  duties  of. — Such  boards  shall  have  power 
within  their  respective  jurisdictions  to  hear  and  determine,  subject 
to  review  as  hereinafter  provided,  all  questions  of  exemption  under 
this  Act,  and  all  questions  of  or  claims  for  including  or  discharging 
individuals  or  classes  of  individuals  from  the  selective  draft,  which 
shall  be  made  under  rules  and  regulations  prescribed  b}^  the  Presi- 
dent, except  any  and  ever}^  question  or  claim  for  including  or  exclud- 
ing or  discharging  persons  or  classes  of  persons  from  the  selective 
draft  under  the  provisions  of  this  Act  authorizing  the  President 
to  exclude  or  discharge  from  the  selective  draft  "  Persons  engaged  in 
industries,  including  agriculture,  found  to  be  necessary  to  the  main- 
tenance of  the  Military  Establishment,  or  the  effective  operation  of 
the  military  forces,  or  the  maintenance  of  national  interest  during 
the  emergency."^    Id. 

1649.  District  hoards^  appointment^  quaUftcations,  and  jurisdic- 
tion.— The  President  is  hereby  authorized  to  establish  additional 

*Tlie  decisions  of  local  boards  upon  claims  for  exemptions,  including  those 
based  upon  alienage,  are  conclusive.  Where  a  man  has  been  erroneously  certi- 
fied for  service  through  error  of  law  or  nonculpable  ignorance  of  the  registrant, 
his  case  may  be  reopened  by  the  local  board  upon  request  of  the  adjutant 
general  of  the  State,  either  on  his  own  motion  or  on  motion  of  the  military 
autliorities  or  of  the  local  board.  Compiled  rulings  of  Provost  Marshal  Gen- 
eral, No.  12,  M.     (War  Dept.  Bull.  72,  Dec.  24,  1917.) 

Local  boards  have  no  power  under  present  presidential  regulations  to  compel 
the  attendance  of  witnesses,  for  the  regulations  do  not  contemplate  the  taking 
of  oral  testimony,  but  require  the  presentation  of  evidence  by  affidavit.     {Id.) 

One  who  claims  to  be  an  alien  enemy  drafted  into  the  military  service  of  the 
United  States  has  the  same  rights  and  obligations  as  any  other  person  in  the 
service.  He  may,  of  course,  claim  exemption  at  the  proper  time  because  of  his 
alienage,  but  a  determination  bv  his  local  board  that  he  is  not  an  alien  is  final, 
(Dig.  Opin.  J.  A.  G.,  March,  1918.) 


MILITARY   LAWS   OF    THE   UNITED   STATES,    1915.  481 

boards,  one  in  each  Federal  judicial  district  of  the  United  States, 
consisting  of  such  number  of  citizens,  not  connected  with  the  Military 
Establishment,  as  the  President  may  determine,  who  shall  be  ap- 
pointed by  the  President.  The  President  is  hereby  authorized,  in 
his  discretion,  to  establish  more  than  one  such  board  in  any  Federal 
judicial  district  of  the  United  States,  or  to  establish  one  such  board 
having  jurisdiction  of  an  area  extending  into  more  than  one  Federal 
judicial  district.^    Id. 

1650.  Powers  and  duties  on  affcals  from  local  hoards  and  in  omg- 
inal  cases. — Such  district  boards  shall  review  on  appeal  and  affirm, 
modify,  or  reverse  any  decision  of  any  local  board  having  jurisdiction 
in  the  area  in  which  any  such  district  board  has  jurisdiction  under 
the  rules  and  regulations  prescribed  by  the  President.  Such  dis- 
trict boards  shall  have  exclusive  original  jurisdiction  within  their  re- 
spective areas  to  hear  and  determine  all  questions  or  claims  for  in- 
cluding or  excluding  or  discharging  persons  or  classes  of  persons 
from  the  selective  draft,  under  the  provisions  of  this  Act,  not  included 
within  the  original  jurisdiction  of  such  local  boards.    Id. 

1651.  Same — Decisions  -final^  exception. — The  decisions  of  such  dis- 
trict boards  shall  be  final  ^  except  that,  in  accordance  with  such 
rules  and  regulations  as  the  President  may  prescribe,  he  may  affirm, 
modify  or  reverse  any  such  decision.     Id.^  80. 

^  A  district  board  has  no  authority  to  reopen  the  case  of  a  man  who  has  been 
inducted  into  the  military  service;  but  the  local  board  may  reopen  his  case  upon 
permission  or  direction  of  the  adjutant  general  of  the  State.  If  upon  reopening 
the  local  board  decides  that  the  man  should  have  been  exempted,  it  will  so 
notify  the  adjutant  general,  who  will  in  turn  notify  the  commanding  officer  at 
the  mobilization  camp.  If  a  local  board  has,  through  error,  sent  a  man  to  a 
mobilization  camp  pending  his  appeal,  and  he  has  been  inducted  into  the  mili- 
tary service,  and  thereafter  he  presents  a  certificate  of  exemption  from  the  dis- 
trict board,  he  may  be  discharged  by  the  division  commander.  Other  than  above 
stated,  a  commanding  officer  or  division  commander  has  no  authority  to  dis- 
charge a  man  on  the  ground  that  he  should  have  been  exempted  by  the  local 
board.     (War  Dept.  Bull.  72,  Dec.  24,  1917.) 

•  John  Angelus,  a  citizen  of  Austria,  claimed  exemption  before  a  local  board 
on  account  of  alienage  and  filed  an  affidavit  in  support  thereof.  The  local  board 
denied  his  claim,  and  the  district  board  affirmed  the  action  of  the  local  board. 
Angelus  brought  a  bill  in  equity  to  restrain  the  local  board  from  certifying  his 
name  to  the  military  authorities  for  military  service.  The  district  court  dis- 
missed the  bill  for  lack  of  jurisdiction,  saying: 

"  I  think  Congress  had  no  intention  that  the  courts  should  interfere  with  this 
drafting  proposition.  It  is  a  military  measure  in  time  of  war,  and  it  would  be 
most  subversive  of  military  control  and  the  proper  disposition  of  this  extremely 
difficult  new  problem  if  the  courts  should  interfere  in  this  situation.  If  Con- 
gi-ess  had  intended  that  the  courts  should  review  the  action  of  the  local  and 
district  boards,  it  would  have  so  provided,  and  unless  an  appellate  court  says 
to  the  contrary  I  am  of  the  opinion  that  a  district  court  of  the  United  States 
should  resolve  any  doubt  in  favor  of  the  Government;  any  other  view  might 
tend  seriously  to  embarrass  the  work  of  raising  an  army  with  its  manifold  diffi- 
culties and  its  tremendous  detail.  If  those  who  believe  they  are  entitled  to 
exemption  were  able  to  apply  to  the  courts,  it  would  be  a  most  disturbing  situa- 
tion and  directly  contrary  to  my  understanding  of  the  intent  of  Congress.  Con- 
gress intended  this  to  be  an  executive  measure,  to  be  carried  out  by  the  execu- 
tive branch  of  the  Government  without  interference  of  the  courts." 

Upon  appeal  the  circuit  court  of  appeals  affirmed  the  order  of  the  district 
court,  holding  that  under  the  power  to  raise  and  support  armies  Congress  has 
54208°— 18 31 


482  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

1652.  Vacancies  on  local  and  district  boards,  -filling  of. — Any 
vacancy  in  any  such  local  board  or  district  board  shall  be  filled  by  the 

the  right  to  raise  armies  by  conscription,  and  that  it  did  not  by  the  terms  of  the 
act  unconstitutionally  delegate  its  powers  to  the  President.  As  to  the  proper 
jurisdiction  of  the  local  and  district  boards,  the  court  said : 

"  But  it  is  said  that  the  act  is  unconstitutional  in  that  it  deprives  the  com- 
plainant of  his  liberty  without  due  process  of  law,  contrary  to  the  fifth  amend- 
ment of  the  Constitution,  which  declares  that  no  person  shall  be  deprived  of 
life,  liberty,  or  property  without  due  process  of  law.  The  Supreme  Court  has, 
however,  held  that  a  judicial  trial  does  not  prevail  in  every  case.  (Murray's 
Lessee  v.  Iloboken  Land  &  Improvement  Co.,  18  How.,  272.  280,  1855.)  And 
in  the  United  States  v.  Ju  Toy  (198  U.  S.,  2.53,  2G3,  1&05),  the  court,  speaking 
through  Mr.  Justice  Holmes  respecting  tht;  Chinese  exclusion  act,  under  which 
the  decision  of  the  Department  of  Labor  is  final  as  to  the  exclusion,  said :  '  If 
for  the  purpose  of  argument  we  assume  that  the  fifth  amendment  applies  to  him 
and  tliat  to  deny  entrance  to  a  citizen  is  to  deprive  him  of  liberty,  we  neverthe- 
less are  of  the  opinion  that  with  regard  to  him  due  process  of  law  does  not 
require  a  judicial  trial.'  That  the  decision  of  the  q\iestion  whether  a  person  of 
Chinese  descent  wfis  born  in  the  United  States  and  therefore  entitled  to  enter 
the  country,  or  whether  he  was  born  in  China  and  under  the  exclusion  act  not 
entitled  to  enter,  may  be  intrusted  to  an  executive  oflicer,  whose  decision  is  final, 
and  that  it  is  due  process  of  law,  is  established  law.  We  see  no  reason  why 
the  same  doctrine  is  not  equally  applicable  to  the  case  in  hand.  And  we  there- 
fore hold  that  the  complainant  is  not  deprived  of  due  process  of  law  by  being 
compelled  to  submit  to  the  final  decision  of  the  local  and  district  boards  the 
question  whether  he  is  a  subject  of  Austria-Hungary  and  whether  he  has  not  de- 
clared his  intention  to  become  a  citizen  of  the  United  States. 

"  If  the  complainant  is,  as  he  alleges,  a  subject  of  Austria-Hungary  and  has 
never  declared  his  intention  to  become  a  citizen  of  the  United  States,  as  he  also 
alleges,  it  is  iierfectly  clear  that  he  is  not  subject  to  the  draft.  Whether  his 
allegations  in  this  respect  are  true  must,  however,  be  determined  in  the  manner 
prescribed  by  the  act. 

"  It  appears  from  the  allegations  of  the  complaint  that  the  complainant  filed 
an  affidavit  claiming  exemption  by  reason  of  the  fact  that  he  was  an  alien  and 
that  the  local  board  denied  his  application  and  that  he  appeak;d  to  district 
board,  which  affirmed  the  local  board.  It  thus  appears  that  the  complainant 
was  heard,  and  it  is  nowhere  alleged  that  he  was  denied  a  full  hearing  or  that 
the  board  rejected  or  refused  to  consider  any  evidence  that  he  was  entitled 
to  present.  In  the  absence  of  such  a  showing  we  have  no  doubt  that  the  decision 
of  the  board  is  final  and  can  not  be  interfered  with  by  the  courts. 

*'  We  do  not,  however,  agree  with  the  statement  of  the  district  judge  hereto- 
fore quoted  that  there  can  be  not  interference  of  the  courts  in  the  action  of 
these  boards.  W^e  think  a  decision  of  the  boards  is  final  only  where  the  board 
has  proceeded  in  due  form  and  where  the  party  involved  is  given  a  fair  oppor- 
tunity to  be  heard  and  to  present  his  evidence.  But  if  an  opportunity  to  be 
heard  should  be  denied,  there  can  be  no  doubt  as  to  the  right  of  the  aggrieved 
party  to  come  into  the  courts  for  the  protection  of  his  rights.  And  \\'e  do  not 
believe  that  the  district  judge  meant  to  say  that  a  decision  must  be  regarded 
as  final  under  such  circumstances. 

"  The  law  courts  have  a  general  superintending  control  by  certiorari  over  all 
inferior  tribunals  acting  in  a  judicial  or  quasi-judicial  character.  And  jurisdic- 
tion is  not  entirely  taken  away  by  the  words  of  a  statute  which  declares  that 
the  judgment  of  the  inferior  tribunal  shall  be  final. 

**♦♦»♦* 

"  There  can  be  no  doubt,  therefore,  that  under  the  conscription  act,  where  a 
board  has  denied  a  full  and  fair  hearing  to  an  individual  claiming  exemption 
from  military  service,'  he  might,  if  restrained  of  his  liberty,  sue  out  a  writ  of 
habeas  corpus  and  obtain  his  liberty. 

"But  whatever  remedy  the  complainant  may  have  or  not  have  there  can  be 
no  doubt  that  he  is  not  entitled  to  the  relief  he  asks  in  his  bill  of  com- 
plaint.    *     ♦     * 

"  While  disagreeing,  therefore,  with  the  opinion  expressed  by  the  district 
judge  that  the  courts  can  not  interfere  with  the  action  of  the  boards  and 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915.  483 

President,  and  any  member  of  any  such  local  board  or  district  board 
may  be  removed  and  another  appointed  in  his  place  by  the  President, 
whenever  he  considers  that  the  interest  of  the  nation  demands  it.  Id. 
1653.  Regulations  to  'be  prescribed  for  organizaiion,  procedure^ 
etc.,  of  local  and  district  boards  of  eooemption. — The  President  shall 
make  rules  and  regulations  governing  the  organization  and  procedure 
of  such  local  boards  and  district  boards,  and  providing  for  and  gov- 
tjrning  appeals  from  such  local  boards  to  such  district  boards,  and 
reviiBWS  of  the  decisions  of  any  local  board  by  the  district  board  hav- 

lioltliug  as  we  do  that  the  civil  courts  can  afford  relief  from  orders  made  by  such 
lx)ards  in  any  case  where  it  is  sho\vn  that  their  proceedings  have  been  without 
or  in  excess  of  their  jurisdiction  or  have  been  so  manifestly  unfair  as  to  pre- 
vent a  fair  investigation,  or  that  there  has  been  a  manifest  abuse  of  the  dis- 
cretion with  which  they  are  invested  under  the  act,  we  nevertheless  approve 
the  conclusion  he  reached  that  the  bill  should  be  dismissed."  (Angeius  v.  Sul- 
livan (U.  S.  C.  C.  A.,  2nd  Girc,  Oct.,  1917),  45  Wash.  L.  Rep.  691;  War  Dept. 
Bull.  67,  Nov.  30,  1917.) 

In  the  case  of  Franke  v.  Murray  decidetl  Febi-uary  14,  1918,  by  the  United 
States  Circuit  Court  of  Appeals  for  the  Eighth  Cii'cuit,  the  appellant,  a  citizen 
of  the  United  States  of  draft  age,  had  duly  registered  under  the  selective-draft 
act  (40  Stat.  76),  and  had  claimed  exemption  on  the  gi"ound  that  he  was  a  mem- 
ber of  a  religious  sect  whose  creed  forbade  its  members  to  participate  in  war. 
Such  cl-iim  was,  however,  rejected  by  the  local  board,  and  he  was  duly  notified 
to  report  for  transportation  to  a  military  encampment  of  tlie  United  States. 
He  refused  to  appear  in  response  to  the  notice  given  him,  whereupon,  by  the 
direction  of  the  board  he  was  arrested  and  turned  over  to  the  respondent,  tlie 
commandant  of  Jefferson  Barracks,  as  a  deserter  from  the  Army  of  the  United 
States,  to  be  tried  by  court-martial.  The  appellant  sued  out  a  writ  of  habeas 
corpus,  and  to  a  return  stating  the  foregoing  facts,  he  filed  a  reply,  denying 
that  he  deserted  the  military  service  of  the  United  States,  as  he  ^vas  never  in 
such  service,  never  having  taken  the  oath  as  a  soldier.  The  hearing  was  had 
oa  the  pleadings,  whereupon  the  writ  was  discharged  and  the  appellant  re- 
manded to  the  cus^dy  of  the  respondent  From  this  judgment  the  appellant 
appealed.  The  court,  Hook  and  Smith,  circuit  judges,  and  Trieber,  district 
judge,  affirmed  the  judgment  below.  The  opinion,  delivered  by  Trieber,  J.,  dis- 
cussed tlie  following  points:  (1)  The  constitutionality  of  the  selective-draft 
act  and  the  regulations  thereunder  was  upheld  by  the  Supreme  Court  in  Arver  v. 
United  States,  245  U.  S.  366.  (2)  Section  2  of  the  selective-draft  act  provides 
that  a  selected  man  is  from  the  date  of  draft  or  acceptance  subject  to  the  laws 
and  regulations  governing  the  Regular  Army,  which  of  course  includes  the 
Articles  of  War.  The  second  article  of  war  (R.  S.  sec.  1342)  enumerates  as 
"persons  subject  to  military  law"  (among  others),  "all  other  persons  lawfully 
called,  drafted,  or  ordered  into,  or  to  duty,  or  for  training  in,  the  said  service 
[military  service  of  the  United  States]  from  the  dates  they  are  required  by  the 
terms  of  the  call,  draft,  or  order  to  obey  tlie  same."  Hence  it  is  not  necessary 
that  a  person  drafted  into  the  service  of  the  United  States  should  take  the  oath 
of  office  as  a  soldier  in  order  to  become  subject  to  military  law.  (3)  Appellant's 
claim  that  If  he  committed  any  offense,  he  can  only  be  prosecuted  in  a  civil 
court,  and  that  therefore  a  court-martial  is  without  jurisdiction  is  likewise  un- 
tenable. Section  6  of  the  selective-draft  act,  making  it  a  misdemeanor  to  violate 
any  of  the  provisions  of  the  act  or  the  regulations  made  thereunder,  expressly 
excepts  those  subject  to  military  law.  (4)  Appellant's  claim  that  he  is  a  mem- 
ber of  a  religious  sect  whose  creed  forbids  its  members  to  participate  in  war 
can  not  be  raised  in  a  collateral  proceeding  like  this.  That  was  a  question  to 
be  determined  under  the  act  of  Congress,  first  by  the  local  board  and  upon 
appeal  by  the  district  board,«  and  the  adjudication  of  such  boards,  where  the 
appellant  has  had  a  fair  opportunity  to  be  heard  and  to  present  his  e^idence, 
is  not  subject  to  review  by  the  courts.     (Dig.  Opin.  T.  A.  G.,  February,  1918.) 

«  Under  Section  111,  Selective  Service  Regulations,  there  Is  no  appeal  to  the  district 
board  on  this  quostion. 


484  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

ing  jurisdiction,  and  determining  and  prescribing  the  several  areas 
in  which  the  respective  local  boards  and  district  boards  shall  have 
jurisdiction,  and  all  other  rules  and  regulations  necessary  to  carry- 
out  the  terms  and  provisions  of  this  section,  and  shall  provide  for 
the  issuance  of  certificates  of  exemption,  or  partial  or  limited  exemp- 
tions, and  for  a  system  to  exclude  and  discharge  individuals  from 
selective  draft.    Id, 

1654.  Persons  subject  to  registration;  duty  to  register;  failure  or 
refusal  to  register,^  funisliment. — All  male  persons  between  the  ages 
of  twenty-one  and  thirty,  both  inclusive,  shall  be  subject  to  registra- 
tion in  accordance  with  regulations  to  be  prescribed  by  the  President ; 
and  upon  proclamation  by  the  President  or  other  public  notice  given 
by  him  or  by  his  direction  stating  the  time  and  place  of  such  registra- 
tion it  shall  be  the  duty  of  all  persons  of  the  designat-ed  ages,  except 
officers  and  enlisted  men  of  the  Regular  Army,  the  Navy,  and  the 
National  Guard  and  Naval  Militia  while  in  the  service  of  the  United 
States,  to  present  themselves  for  and  submit  to  registration  under  the 
provisions  of  this  Act ;  and  every  such  person  shall  be  deemed  to  have 
notice  of  the  requirements  of  this  Act  upon  the  publication  of  said 
proclamation  or  other  notice  as  aforesaid  given  by  the  President  or 
by  his  direction;  and  any  person  who  shall  willfully  fail  or  refuse 
to  present  himself  for  registration  or  to  submit  thereto  as  herein 
provided,  shall  be  guilty  of  a  misdemeanor  and  shall,  upon  convic- 
tion in  the  district  court  of  the  United  States  having  jurisdiction 
thereof,  be  punished  by  imprisonment  for  not  more  than  one  year, 
and  shall  thereupon  be  duly  registered.^    Sec.  5,  id. 

1655.  Sarrhe — Precedence  given  in  criminal  prosecutions  to  cases  of 
failure  to  register. — In  the  call  of  the  docket  precedence  shall  be 
given,  in  courts  trying, the  same,  to  the  trial  of  criminal  proceedings 
under  this  Act.    Id, 

1656.  Same — Age  limit  for  registration;  remain  subject  to  draft 
unless  exempted, — Persons  shall  be  subject  to  registration  as  herein 
provided  who  shall  have  attained  their  twenty-first  birthday  and  who 
fhall  not  have  attained  their  thirty-first  birthday  on  or  before  the 
day  set  for  the  registration,  and  all  persons  so  registered  shall  be  and 
remain  subject  to  draft  into  the  forces  hereby  authorized,  unless 
exempted  or  excused  therefrom  as  in  this  Act  provided.^    Id. 

*  A  person  who  willfully  refuses  to  present  himself  for  registration  or  to 
f<ubmit  thereto,  as  provided  in  the  selective-draft  act,  should  be  immediately 
registered  and  thereafter  prosecuted  for  his  misdemeanor.  It  would  defeat  the 
purpose  of  the  act  were  the  involuntary  registration  postponed  until  after  serv- 
ice of  the  sentence  imposed  for  the  commission  of  the  misdemeanor.  (War  Dept. 
Bull.  72,  Dec.  24,  1917.) 

^  Where  a  registrant  is  certified  by  the  district  board  for  military  service  as 
being  within  the  draft  age,  he  can  not  l>e  discharged  from  the  military  status 
thus  imposed  upon  him  either  upon  his  own  application  or  upon  application 
of  his  parent  or  guardian  upon  the  ground  that  he  is  not  in  fact  of  draft  age. 
In  the  absence  of  fraud  the  decision  of  the  board  so  certifying  is  final.  (War 
Dept.  Bull.  75,  Dec.  31,  1917.) 


i  MILITAEY   LAWS   OF   THE   UNITED   STATES,   1915.  485 

1657.  Registration  of  temforary  ahsentees. — In  the  case  of  tem- 
porary absence  from  actual  place  of  legal  residence  of  any  person 
liable  to  registration  as  provided  herein  such  registration  may  be 
made  by  mail  under  regulations  to  be  prescribed  by  the  Presi- 
dent.^    Id. 

1658.  Services  of  all  dejjartments  and  officers  of  United  States, 
States,  etc.,  may  he  utilized. — The  President  is  hereby  authorized  to 
utilize  the  service  of  any  or  all  departments  and  any  or  all  officers  or 
agents  of  the  United  States  and  of  the  several  States.  Territories,  and 
the  District  of  Columbia,  and  subdivisions  thereof,  in  the  execution  of 
this  Act,  and  all  officers  and  agents  of  the  United  States  and  of  the 
several  States,  Territories,  and  subdivisions  thereof,  and  of  the  Dis- 
trict of  Columbia,  and  all  persons  designated  or  appointed  under 
regulations  prescribed  by  the  President  whether  such  appointments 
are  made  by  the  President  himself  or  by  the  governor  or  other  officer 
of  any  State  or  Territory  to  perform  any  duty  in  the  execution  of 
this  Act,  are  hereby  required  to  perform  such  duty  as  the  President 
shall  order  or  direct,  and  all  such  officers  and  agents  and  persons  so 
designated  or  appointed  shall  hereby  have  full  authority  for  all  acts 
done  by  them  in  the  execution  of  this  Act  by  the  direction  of  the 
President. — Sec.  6,  id. 

1659.  Use  of  penalty  envelojyes  for  correspondence. — Correspond- 
ence in  the  execution  of  this  Act  may  be  carried  in  penalty  envelopes 
bearing  the  frank  of  the  War  Department.     Id,,  81. 

1660.  Failure  or  neglect  to  perform  required  duties,  false  registra- 
tion, etc.,  punishment. — Any  person  charged  as  herein  provided  with 
the  duty  of  carrying  into  effect  any  of  the  provisions  of  this  Act  or 
the  regulations  made  or  directions  given  thereunder  who  shall  fail 
or  neglect  to  perform  such  duty ;  and  any  person  charged  with  such 
duty  or  having  and  exercising  any  authority  under  said  Act,  regula- 
tions, or  directions,  who  shall  knowingly  make  or  be  a  party  to  the 
making  of  any  false  or  incorrect  registration,  physical  examination, 
exemption,  enlistment,  enrollment,  or  muster;  and  any  person  who 
shall  make  or  be  a  party  to  the  making  of  any  false  statement  or 
certificate  as  to  the  fitness  or  liability  of  himself  or  any  other  j^erson 
for  service  under  the  provisions  of  this  Act,  or  regulations  made  by 
the  President  thereunder,  or  otherwise  evades  or  aids  another  to 
evade  the  requirements  of  this  Act  or  of  said  regulations,  or  who, 
in  any  manner,  shall  fail  or  neglect  fully  to  perform  any  duty  re- 

^  Sailors  in  the  merchant  marine,  who,  because  of  failure  to  report  to  their 
local  boards  under  the  Selective  Service  Regulations,  have  been  delivered  at  the 
several  cantonments  charged  with  desertion,  are  drafted  into  the  military  serv- 
ice of  the  United  States  for  military  and  not  civil  service.  Consequently  there 
is  no  method  by  which  such  men  can  be  transferred  to  duty  in  the  transport 
service  of  the  United  States,  unless  that  service  be  operated  by  the  military 
authorities. 

(Dig.  Opin.  J.  A.  G.,  January,  1918.) 


486  MILITABY  LAWS  OF  THE  UNITED  STATES,  1915. 

quired  of  him  in  the  execution  of  this  Act,  shall,  if  not  subject  to 
military  law,  be  guilty  of  a  misdemeanor,  and  upon  conviction  in  the 
district  court  of  the  United  States  having  jurisdiction  thereof,  be 
punished  by  imprisonment  for  not  more  than  one  year,  or,  if  subject 
to  military  law,  shall  be  tried  by  court-martial  and  suffer  such  pun- 
ishment as  a  court-martial  may  direct.    Id, 

1661.  QaaliiiGations  and  conditions  for  voluntary  enlistment. — The 
qualifications  and  conditions  for  voluntary  enlistment  as  herein  pro- 
vided shall  be  the  same  as  those  prescribed  by  existing  law  for  en- 
listments in  the  Eegidar  Army,  except  that  recruits  must  be  between 
the  ages  of  eighteen  and  forty  years,  both  inclusive,  at  the  time  of 
their  enlistment ;  and  such  enlistments  shall  be  for  the  period  of  the 
emergency  unless  sooner  discharged. — Sec.  7,  id. 

(For  the  ensuing  provision  of  tins  section  see  paragrapli  lOSlhi,  ante;  and 
for  voluntary  enlistment  or  draft  of  men  necessary  to  complete  and  maintain 
the  Regular  Army  and  drafted  National  Guard  organizations  at  maximum 
legal  strength,  and  the  voluntary  enlistment  or  draft  of  special  and  technical 
ti'oops  see  paragraphs  1637  and  1641,  ante.) 

1662.  Grouping  of  enlisted  or  drafted  units. — All  persons  enlisted 
or  drafted  under  any  of  the  provisions  of  tJiis  Act  shall  as  far  as 
practicable  be  grouped  into  units  by  States  and  the  j)olitical  subdi- 
visions of  the  same.    Id. 

(For  the  preceding  provisions  of  this  section  sec  par.  1031hi,  ante;  and  for 
ensuing  provision  see  par.  lOSlhJ.) 

1663.  TeTYhforary  appointment  of  general  ofiGers. — The  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  is  atithorizcd  to 
appoint  for  the  period  of  the  existing  emergency  such  general  officers 
of  appropriate  grades  as  may  be  necessary  for  duty  with  brigades, 
divisions,  and  higher  units  in  which  the  forces  provided  for  herein 
may  be  organized  by  the  President,  and  general  officers  of  appro- 
priate grade  for  the  several  Coast  Artillery  districts.    Sec.  8,  id. 

(For  section  three,  act  of  October  6,  1917,  authorizing  the  temporary  appoint- 
ment of  generals  and  lieutenant  generals,  and  designating  the  number,  pay,  and 
allowances,  etc.,  of  same,  see  paragraphs  350d  and  350e,  ante.) 

1663a.  Same — Selection  of  appointees. — In  so  far  as  such  appoint- 
ments may  be  made  from  any  of  the  forces  herein  provided  for,  the 
appointees  may  be  selected  irrespective  of  the  grades  held  by  them 
in  such  forces.    Id. 

1664."  Same — Vacancies  in  Regular  Army  residting  fi'om  such  ap- 
pointments.— Vacancies  in  all  grades  in  the  Regular  Army  resulting 
from  the  appointment  of  officers  thereof  to  higher  grades  in  the 
forces  other  than  the  Regular  Army  herein  provided  for  shall  be 
filled  by  temporary  promotions  and  appointments  in  the  manner 
prescribed  for  filling  temporary  vacancies  by  section  one  hundred 
and  fourteen  of  the  national  defense  Act  approved  June  third,  nine- 
teen hundred  and  sixteen;  and  officers  appointed  under  the  provisions 
of  this  Act  to  higher  grades  in  the  forces  other  than  the  Regular 


MILITARY   LAWS  OF   THE   UNITED  STATES,   1915.  487 

Army  herein  provided  for  shall  not  vacate  their  permanent  commis- 
sions nor  be  prejudiced  in  their  relative  or  lineal  standing  in  the 
Kegular  Army.^     Id, 

1665.  PeHod  of  appointments  authorized  Ity  sections  1  and  8. — The 
appointments  authorized  and  made  as  provided  by  the  second,  third, 
fourth,  fifth,  sixth,  and  seventh  paragraphs  of  section  one  and  by 
section  eight  of  this  Act,  and  the  temporary  appointments  in  the 
Regular  Army  authorized  by  the  first  paragraph  of  section  one  of 
this  Act,  shall  be  for  the  period  of  the  emergency,  unless  sooner 
terminated  by  discharge  or  otherwise.    Sec.  9,  id.,  82. 

1666.  Discharge  of  appointed  officers;  mAlitary  hoards  to  report 
upon  capacity,  qualifications,  conduct,  and  efftciency  of  officers. — The 
President  is  hereby  authorized  to  discharge  any  ofiicer  from  the  ofilco 
held  by  him  under  such  appointment  for  any  cause  which,  in  the 
judgment  of  the  President,  would  promote  the  public  service;  and 
the  general  commanding  any  division  and  higher  tactical  organiza- 
tion or  territorial  department  is  authorized  to  appoint  from  time  to 
time  military  boards  of  not  less  than  three  nor  more  than  fiA^e  officers 
of  the  forces  herein  provided  for  to  examine  into  and  report  upon  the 
capacity,  qualification,  conduct,  and  efficiency  of  any  commissioned 
officer  within  his  command  other  than  officers  of  the  Regular  Army 
holding  permanent  or  provisional  commissions  therein. ^    Id. 

^  An  acceptance  of  a  Regular  Army  commission,  whether  permanent  or  tem- 
porary, in  a  lower  grade  than  that  held  by  an  officer  of  the  Regular  Army  in 
the  temporary  forces  does  not  affect  the  status  of  the  officer  in  the  temporary 
forces,  for  the  act  of  May  18,  1917,  provides  that  officers  of  the  Regular  xVrray 
appointed  to  higher  grades  in  such  temporary  forces  shall  not  vacate  their 
permanent  commissions  nor  be  prejudiced  in  their  relative  or  lineal  standing 
in  the  Regular  Army.     (War  Dept.  Bui.  75,  Dec.  31,  1917.) 

''  U})on  the  draft  of  the  National  Guard  into  the  Federal  service  officers 
tliereof  became  officers  of  the  United  States  Army  and  can  thereafter  be  dis- 
charged only  under  section  9  of  the  act  of  May  18,  1917.  Paragraph  19, 
Special  Regulations  55,  War  Department,  1917,  does  not  apply.  (War  Dept.  Bull. 
67,  Nov.  30.  1917.^) 

An  efficiency  board  convened  pursuant  to  section  77  of  the  national  defense 
act  completed  its  action  prior  to  August  5,  1917,  recommending  the  discharge 
of  certain  officers  of  the  Illinois  National  Guard,  but  no  order  was  issued 
tliereon  until  after  the  draft  of  said  officers  on  August  5,  1917. 

Held,  That  no  valid  order  could  be  issued  thereon,  and  that  said  officers 
may  be  discharged  from  service  only  under  section  9  of  the  selective-draft  act. 
The  discharge  may  be  made  by  the  President  for  any  cause  which,  in  his 
judgment,  would  promote  the  public  service :  or  it  may  be  made  by  the  Presi- 
dent after  determination  by  a  board  of  officers  that  the  officers  in  question  are 
UJilit.     (War  Dept.  Bull.  75,  Dec.  31,  1917.) 

Under  section  9  of  the  act  of  May  18,  1917,  boards  appointed  to  examine  into 
and  report  upon  the  capacity,  qualification,  conduct,  and  efficiency  of  any 
conunissioned  officer  other  than  officers  of  the  Regular  Army  may  be  appointed 
by  the  genei*al  commanding  any  division  or  higher  tactical  organization  or 
territorial  department.  If  such  a  board  finds  adversely  to  the  continuance  in 
the  service  of  any  such  officer,  its  finding  must  be  transmitted  to  the  President 
for  his  approval.  To  enable  the  President  to  perform  intelligently  his  function 
in  connection  with  such  finding,  the  same  should  be  accompanied  by  a  steno- 
graphic report  of  the  whole  proceedings,  or.  if  that  be  impracticable,  by  a 
r^sum§  of  the  evidence  submitted  to  the  board  sufliciently  full  to  show  the 
character  of  the  testimony  on  which  such  finding  is  based.)  Dig.  Opin.  J.  A.  G., 
March,  1918.) 


488  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

1667.  Rank  of  members  of  hoards^  and  approval  of  report  of  hy 
President. — Each  member  of  such  board  shall  be  superior  in  rank  to 
the  officer  whose  qualifications  are  to  be  inquired  into,  and  if  the 
report  of  such  board  be  adverse  to  the  continuance  of  any  such 
officer  and  be  approved  by  the  President,  such  officer  shall  be  dis- 
charged from  the  service  at  the  discretion  of  the  President  with  one 
m_onth's  pay  and  allowances.    Id. 

1668.  Pay^  allowances^  etc.^  of  officers  and  enlisted  men. — All  offi- 
cers and  enlisted  men  of  the  forces  herein  provided  for  other  than 
the  Regular  Army  shall  be  in  all  respects  on  the  same  footing  as  to 
jjay,  allowances,  and  pensions  as  officers  and  enlisted  men  of  corre- 
sponding grades  and  length  of  service  in  the  Eegular  Army.^    Sec, 

10,  id. 

(For  the  ensuing  provisions  of  tbis  section  see  paragraphs  695b  and  695c, 
ante. ) 

1639.  Repealing  clause. — All  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  Act  are  hereby  suspended  during  the  period  of 
this  emergency.    Sec.  H,  id. 

(For  sections  11,  12,  and  13  of  this  act  see  paragraphs  93S^a,  1295a-1295f, 
ante. ) 

*  Drafted  men  who  are  exempted  after  their  arrival  at  the  mobilization  camp 
are  entitled  to  receive  pay  for  the  time  spent  after  their  order  to  the  camp 
until  their  discharge  and,  in  addition  thereto,  an  amount  equal  to  3 J  cents 
per  mile  from  the  mobilization  camp  to  the  place  from  which  they  were  ordered 
to  said  camp.     (War  Dept.  Bull.  67,  Nov.  30,  1917.) 


CHAPTER   XLIIL 


FOREIGN  EELATIONS.* 


Par. 

Disturbance  of  foreign  rela- 
tions    1670-1674 

Untrue  statements,  etc.,  to  in- 
fluence conduct  of  foreign 
government,  etc.,  to  injury 
of  United  States,  etc.,  punish- 
ment     1670 

Same — Falsely  assuming  or  pre- 
tending to  be  diplomatic  or 
consular  officer,  etc.,  of  for- 
eign government,  puuisliment-     1671 

Same — Acting  as  agent  of  for- 
eign government  without  no- 
tice to  Secretary  of  Sate, 
punishment  1672 

Same — "  Foreign  government " 
defined 1673 


Par. 
Same — Conspiracy  to  injure  or 
destroy    property    of    foreign 
government      within      United 

States,  etc.,  punishment ^_     1674 

Passports 1675-1678 

Application  for,  contents,  fees-  1675 
Same — False  statements  in  ap- 
plication for;  use,  etc.,  of 
passport  obtained  through 
false  statement,  punishment-  1676 
Same — Use,  etc.,  of  passport  is- 
sued, etc.,  for  another,  or  in 
violation  of  its  conditions, 
etc. ;  furnishing,  etc.,  passport 
for  use  by  person  other  than 
person  for  whom  originally  is- 
sued, etc.,  punishment 167T 

Same — False    making,    forging, 
etc.,   punishment 1678 


DISTURBANCE    OF    FOREIGN    RELATIONS. 

1670.  Untrue  statements^  etc.^  to  influence  conduct  of  foreign  gov* 
er?(ment,  etc.,  to  injury  of  United  States,  etc.,  punishment. — Who- 
ever, in  relation  to  any  dispute  or  controversy  between  a  foreign 
government  and  the  United  States,  shall  willfully  and  knowingly 
malve  any  untrue  statement,  either  orally  or  in  writing,  under  oath 
before  any  person  authorized  and  empowered  to  administer  oaths, 
v>'hich  the  affiant  has  knowledge  or  reason  to  believe  will,  or  may  be 
lised  to  influence  the  measures  or  conduct  of  any  foreign  government, 
or  of  any  officer  or  agent  of  any  foreign  government,  to  the  injury 
of  the  United  States,  or  with  a  view  or  intent  to  influence  any 
measure  of  or  action  by  the  Government  of  the  United  States,  or 

*  See  also  chapter  entitled  "  Public  Property,"  Espionage ;  and  chapter  en- 
titled "  The  Employment  of  Military  Force."  Neutrality  and  Trading  With  the 
Enemy. 


490  MILITAEY   LAWS   OF   THE   UNITED   STATES,  1915. 

any  branch  thereof,  to  the  injury  of  the  United  States,  shall  be  fined 
not  more  than  $5,000  or  imprisoned  not  more  than  five  years,  or  both. 
Title  VIII,  Sec,  i.  Act  of  June  15, 1917  {Jfi  Stat,  2£6). 

1671.  Same — Falsely  assum'mg  or  pretending  to  he  diplomatic  or 
consular  officer,  etc.,  of  foreign  government,  punishment. — Whoever 
witliin  the  jurisdiction  of  the  United  States  shall  falsely  assume  or 
pretend  to  be  a  diplomatic  or  consular,  or  other  official  of  a  foreign 
government  duly  accredited  as  such  to  the  Government  of  the  United 
States  with  intent  to  defraud  such  foreign  government  or  any  per- 
son, and  shall  take  upon  himself  to  act  as  such,  or  in  such  pretended 
character  shall  demand  or  obtain,  or  attempt  to  obtain  from  any 
person  or  from  said  foreign  government,  or  from  any  officer  thereof, 
any  money,  paper,  document,  or  other  thing  of  value,  shall  be  fined 
not  more  than  $5,000,  or  imprisoned  not  more  than  five  years,  or 
both.     Sec.  2,  id, 

1672.  Same — Acting  as  agent  of  foreign  government  without  notice 
to  Secretary  of  State,  punishment. — Wioever,  other  than  a  diplo- 
matic or  consular  officer  or  attache,  shall  act  in  the  United  States  as 
an  agent  of  a  foreign  government  without  prior  notification  to  the 
Secretary  of  State,  shall  be  fined  not  more  than  $5,000,  or  imprisoned 
not  more  than  five  years,  or  both.    Sec.  3,  id. 

1673.  Same — "  Foreign  government "  defined. — The  words  '^  for- 
eign government,"  as  used  in  this  Act  and  in  sections  ^  one  hundred 
and  fifty-six,  one  hundred  and  fifty-seven,  one  hundred  and  sixty- 
one,  one  hundred  and  seventy,  one  hundred  and  seventy-one,  one 
hundred  and  seventy-two,  one  hundred  and  seventy-three,  and  two 
hundred  and  twenty  of  the  Act  of  March  fourth,  nineteen  hundred 
and  nine,  entitled  "An  Act  to  codify,  revise,  and  amend  the  penal 
laws  of  the  United  States,"  shall  be  deemed  to  include  any  Govern- 
ment, faction,»or  body  of  insurgents  within  a  country  with  which  the 
United  States  is  at  peace,  which  Government,  faction,  or  body  of  in- 
surgents may  or  may  not  have  been  recognized  by  the  United  States 
as  a  Government.    Sec.  4,  id. 

1674.  Sosine — Conspiracy  to  injure  or  destroy  property  of  foreign 
government  within  United  States,  etc.,  punishment. — If  two  or  more 
persons  within  tha,  jurisdiction  of  the  United  States  conspire  to  in- 
jure or  destroy  specific  property  situated  within  a  foreign  country 
and  belonging  to  a  foreign  Goverimient  or  to  any  political  subdivi- 
sion thereof  with  which  the  United  States  is  at  peace,  or  any  railroad, 
canal,  bridge,  or  other  public  utility  so  situated,  and  if  one  or  more 
of  such  persons  commits  an  act  within  the  jurisdiction  of  the  United 
States  to  effect  the  object  of  the  conspiracy,  each  of  the  parties  to  the 

'  See  35  Stat.  1117,  1118,  1120,  1121,  and  1132.  These  sections  of  the  Federal 
Penal  Code  forbid  the  counterfeiting  and  uttering  of  foreign  securities  and  notes 
of  foreign  banks,  counterfeiting  foreign  coins  and  stamps,  etc. 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915.  491 

conspiracy  shall  be  fined  not  more  than  $5,000,  or  imprisoned  not 
more  than  three  years,  or  both.  Any  indictment  or  information 
under  this  section  shall  describe  the  specific  property  which  it  was 
the  object  of  the  conspiracy  to  injure  or  destroy.    Sec.  6,  id. 

(For  general  provisions  of  tliis  act  applicable  to  this  title,  see  paragraphs 
1475q-1475t.) 

PASSPORTS. 

1675.  Application  for,  contents:^  fees. — Before  a  passport  is  issued 
to  any  person  by  or  under  authority  of  the  United  States  such  person 
shall  subscribe  to  and  submit  a  written  application  duly  verified  by 
his  oath  before  a  person  authorized  and  empowered  to  administer 
oaths,  which  said  application  shall  contain  a  true  recital  of  each  and 
every  matter  of  fact  which  may  be  required  by  law  or  by  any  rules 
authorized  by  law  to  be  stated  as  a  prerequisite  to  the  issuance  of  any 
such  passport.  Clerks  of  United  States  courts,  agents  of  the  Depart- 
ment of  State,  or  other  Federal  officials  authorized,  or  who  may  be 
authorized,  to  take  passport  applications  and  administer  oaths 
thereon,  shall  collect,  for  all  services  in  connection  therewith,  a  fee 
of  $1,  and  no  more,  in  lieu  of  all  fees  prescribed  by  any  statute  of  the 
United  States,  Avhether  the  application  is  executed  singly,  in  dupli- 
cate, or  in  triplicate.    2'itle  IX,  Sec.  1,  id.,  227. 

1676.  Same — False  statements  in  application  for;  use,  etc.,  of  pass- 
port obtained  through  false  statement,  punishment. — Whoever  shall 
willfully  and  knowingly  make  any  false  statement  in  an  application 
for  passport  with  intent  to  induce  or  secure  the  issuance  of  a  passport 
under  the  authority  of  the  United  States,  either  for  his  own  use  or  tlie 
use  of  another,  contrary  to  the  laws  regulating  the  issuance  of  pass- 
ports or  the  rules  prescribed  pursuant  to  such  laws,  or  whoever  shall 
willfully  and  knowingly  use  or  attempt  to  use,  or  furnish  to  another 
for  use,  any  passport  the  issue  of  which  was  secured  in  any  way  by 
reason  of  any  false  statement,  shall  be  fined  not  more  than  $2,000  or 
impriso]ied  not  more  than  five  years  or  both.    See.  2,  id. 

1677.  Same — Use,  etc.,  of  passport  issued,  etc.,  for  another,  or  in 
molation  of  its  condition's,  etc.}  furnishing,  etc.,  passport  for  use  hy 
person  other  than  person  for  ivhom  originally  issued,  etc.,  j^unish- 
ment. — Whoever  shall  willfully  and  knowingly  use,  or  attempt  to 
use,  any  passport  issued  or  designed  for  the  use  of  another  than  him- 
self, or  whoever  shall  willfully  and  knowingly  use  or  attempt  to  use 
any  passport  in  violation  of  the  conditions  or  restrictions  therein  con- 
tained,  or  of  the  rules  prescribed  pursuant  to  the  laws  regulating  the 
issuance  of  passports,  which  said  rules  shall  be  printed  on  the  pass- 
port; or  whoever  shall  willfully  and  knowingly  furnish,  dispose  of,  or 
deliver  a  passport  to  any  person,  for  use  by  another  than  the  person 
for  whose  use  it  was  originally  issued  and  designed,  shall  be  fined 


492  MILITARY   LAWS   OF   THE   UNITED   STATES,,   1915. 

not  more  than  $2,000  or  imprisoned  not  more  than  five  3'ears,  or  both. 
8eG,  3^  id. 

1678.  Same — False  making^  forging^  etc.^  punishment. — Whoever 
shall  falsely  make,  forge,  counterfeit,  mutilate,  or  alter,  or  cause  or 
procure  to  be  falsely  made,  forged,  counterfeited,  mutilated,  or 
altered  any  passport  or  instrument  purporting  to  be  a  passport,  with 
intent  to  use  the  same,  or  with  intent  that  the  same  may  be  used  by 
another ;  or  whoever  shall  willfully  or  knowingly  use,  or  attempt  to 
use,  or  furnish  to  another  foi  use  any  such  false,  forged,  counterfeited, 
mutilated,  or  altered  passport  or  instrument  purporting  to  be  a  pass- 
port, or  any  passport  validly  issued  which  has  become  void  by  the 
occurrence  of  any  condition  therein  prescribed  invalidating  the  same, 
shall  be  fined  not  more  than  $2,000  or  imprisoned  not  more  than  five 
years,  or  both.    Sec.  ^  id. 

(For  general  provisions  of  this  act  applicable  to  this  title,  see  paragruplis 
1475q-1475t.) 


CHAPTER   XLIV. 


CONSERVATION   OF   SUPPLY  AND   CONTROL  OF   DIS- 
TRIBUTION OF  FOOD  AND  FUEL. 


Par. 

Authority,  etc.,  conferred  for 1679 

Sair.e — Rules  and  regulations  by 
President 1680 

Same — Use  of  agencies  and  serv- 
ices of  persons  without  com- 
pensation       1681 

Same — Pecuniary  interest  of 
agents  or  employees  in  con- 
tracts, etc.,  forbidden 1682 

S  a  m  e  —  Recommendations  of 
agents  or  employees  as  to  con- 
tracts, etc.,  forbidden 1683 

Same — Punishment ;  law  forbid- 
ding agent  of  corporation,  etc., 
to  act  as  agent  of  United 
States  not  repealed 1684 

Destroying,  wasting,  or  monopo- 
lizing necessaries;  unfair  dis- 
criminations, etc.,  or  unjust 
charges,  etc. ;  conspiracies, 
etc.,  to  limit  facilities  for 
transportation,  distribution, 
manufacture,  etc. ;  or  exact 
excessive  prices  therefor 1685 

License  to  import,  manufacture, 

etc.,   necessaries 1686 

Same — Issue  of  licenses,  regula- 
tions for 1687 

Unjust,  unreasonable,  etc.,  stor- 
age charges,  commissions, 
profits,  or  practices 1688 

Same — President  to  find  what 
constitutes  just,  reasonable, 
etc.,  storage  charges,  etc 1689 

Carrying  on  business  without  li- 
cense or  after  its  revocation  or 
suspension,  punishment 1690 

Same — Persons  excepted —    1691 


Par. 

Same — Retailers  defined 1692 

Hoarding  necessaries,  punish- 
ment       1693 

Same — Hoarding  defined 1694 

Same — Transactions  of  ex- 
changes, boards  of  trades,  etc., 
excepted  1695 

Same — Accumulating  and  with- 
holding farm  and  garden  prod- 
ucts, etc.,  by  farmers,  etc., 
not  hoarding 1696 

Hoarding  necessaries,  seizure  by 
libel,  jurisdiction  and  sale  of 
necessaries   seized 1697 

Same — Procedure 1698 

Same — Duties  of  district  attor- 
neys  .    1699 

Destroying  necessaries  to  en- 
hance price,  punishment 1700 

Conspiring  to  limit  facilities  for 
transporting,  etc.,  necessaries, 
etc.,  punishment 1701 

•Requisition  of  food,  etc.,  for 
Army  or  Navy  or  public  use 
connected  with  public  defense_    1702 

Same — Determination  of  value 
and  payment  therefor 1703 

Same — Necessaries  required  by 
natural  persons  for  consump- 
tion and  seed  for  cultivating 
land  excepted 1704 

Purchase,  etc.,  and  sale  of 
wheat,  flour,  meal,  beans,  and 
potatoes  by  President 1705 

Same — Minimum  price  therefor_     1706 

Same — Disposition     of     moneys 

received  from  sales 1707 

493 


494 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


Par. 

Requisition  and  operation  by 
President  of  factories,  pack- 
ing liouses,  oil  pipe  lines, 
mines,  etc.,  to  procure  necessi- 
ties for  support  of  Army  or 
Navy  for  national  defense 1708 

Same — Restoration  of  factories, 
etc.,  to  owners 1709 

Same — Compensation  for  prop- 
erty, etc.,  requisitioned 1710 

Same — Determination  of  value 
of  property,  etc.,  requisitioned-    1711 

Regulations  by  President  for 
carrying  out  provisions  of  sec- 
tion      1712 

Disposition  of  moneys  received 
from  operation,  etc.,  of  fac- 
tories, etc 1713 

Regulations  by  Pi^esid^nt  to  pre- 
vent "evil  practices" 1714 

Same — Scope  of  such  regula- 
tions     1715 

Same — Records  and  returns  of 
clearing  houses,  clearing  asso- 
ciations, etc 171G 

Punishment  for  violation  of 
such  regulations 1717 

Stimulation  of  tiie  piM>duetion  of 
wheat 1718 

Same — Determination  and  fix- 
ing -of  reasonable  guaranteed 
prices  for  wheat 1719 

Same — Regulations  in  connec- 
tion with  guaranteed  prices 1720 

Same — ^Minimum  of  guaranteed 
price  made  absolute 1721 

Levy  of  duty  on  imported  wheat 
to  maintain  stability  of  guar- 
anteed prices 1721a 

Purchase  by  United  States  of 
wheat  for  which  price  has 
been  guaranteed,  and  sale, 
etc.,  of  wheat  so  bought 1722 

Same — Disposition  of  moneys 
received  from  such  sale ^ 1723 

Foods,  fruits,  etc.,  not  to  be 
used  !n  production  of  distilled 
spirits  for  beverage  purposes-    1724 

Use  of  food,  etc.,  for  production 
of  distilled  spirits  for  other 
than  beverage  puriwses 1725 

Importation  of  distilled  spirits 
prohibited 1726 


Par. 

Restrictions  on  use  of  food,  etc., 
for  production  of  malt  or 
vinous  liquors  for  beverage 
purposes 1727 

Sa;me — Notice  of  restrictions 1728 

Violation  of  section,  punish- 
ment       1729 

Manufacture  of  vinous  or  malt 
liquors  in  prohibition  terri- 
tory not  permitted  by  section-     1730 

Taking  over  by  Government  of 
distilled  spirits  in  bond  or  in 
stock 1731 

Same — Payment  therefor,  deter- 
mination of  value 1732 

Interference,  etc.,  with  officers, 
etc.,  of  United  States  in  per- 
formance of  duties  authorized 
by  act,  punishment 1733 

Appropriation  for  rent,  printing, 
payment  of  employees,  etc 1734 

Appropriation    for    other    uses 

made  necessary  by  act 1735 

Same — Monthly  statement  of 
disbursements  to  be  filed  with 
Secretary  of  Senate  and  Clerk 
of  House— 1736 

Persons  employed  under  act  not 
exempt  from  military  service 
under  draft  law 1737 

Annual   report   to   Congress   of 

proceedings  under  act 1738 

Same — Contents  of  report 1739 

Partial  invalidity  of  act  not  to 

affect  other  i^ortions 1740 

Words  defined 1741 

Same — Act,  etc.,  of  oflicial,  etc., 
of  partnership,  etc.,  deemed 
act,  etc.,  of  such  partnership, 
e;  J 1742 

Time  when  act  ceases  to  be  op- 
erative      1743 

Same — ^Terminations  of  opera- 
tive effect  of  act  not  to  affect 
acts  done  or  rights,  etc.,  ac- 
crued or  offenses  committed 
prior  thereto 1744 

Fixing  price  of  coal  and  coke, 
regulation  of  production,  sale, 
etc.,  of,  and  agency  for  exer- 
cising authority  in  connection 
with 1745 


MILITARY   LAWS  OF    THE   UNITED  STATES,   1915. 


495 


Par. 

Same — Taking  over  plants,  etc., 
on  failure  to  conform  to  price 
regulations,  and  oi)erations  of 
same  by  Government 1746 

Payment  of  compensation  to 
owners  of  plants,  etc.,  requisi- 
tioned  —     i747 

Same — Determination  of  value, 
method  of 1748 

Regulations    for    operation    of 

plants,  etc.,  requisitioned 1749 

Purchase  by  (xovernmeut  of  coal 
and  coke,  and  sale  thereof; 
regulations  therefor 1750 

Notice  to  owners  of  purchase  of 
output  who  are  to  cease  ship- 
ments and  sales  on  their  own 
account  thereafter 1751 

Payment  for  coal  and  coke  pur- 
chased by  Government,  deter- 
mination of  value 1752 

Prices  for  sale  of  coal  and  coke 

purchased  by  Government 1753 

Disposition  of  moneys  received 

from  .sales 1754 

Federal  Trade  Commission  to 
inquire  into  cost  of  production 
of  coal  and  coke 1755 

Same — Books,  papers,  etc.,  of 
mine  operators,  etc.,  to  be 
produced,  and  data  and  infor- 
mation to  be  fiu'nishe4 1756 


Par. 

Same — Fixing  and  publishing 
maximum  prices  for  producers 
and  dealers 1757 

Same — Determining      maximum 

price  for  producers 1758 

Same — Determining  maximum 
price  for  dealers 1759 

Same — Prior  contracts  made  in 
good  faith  not  to  be  affected—     1760 

Violation  of  sections,  punish- 
ment      1761 

Right  of  United  States  or  other 
Governments  at  war  with  Ger- 
many to  purchase,  etc.,  coal 
and  coke  at  prices  to  be 
agreed  upon  not  affected 1762 

Storing,  holding,  destroying,  etc., 
food,  fuel,  etc.,  to  limit  sup- 
ply, etc.,  punishment 1763 

Same — Persons  excepted 1764 

Same — ^Holdings  or  accumula- 
tions excepted-* ■ 1765 

Unlawful  restraint  and  monop- 
olies Act  not  repealed 1766 

Acquisition  by  United  States  of 
stocks  of  nitrate  of  soda  for 
increasing  agricultural  pro- 
duction, and  sale  thereof 3767 

Same — ^Appropriation  for,  r^u- 
lation  and  agencies  as  to 1768 

Same — Disposition  of  moneys 
received  from  sales 1769 


CONSERVATION   OF    SUPPLY   AND   CONTROL   OF   DISTRIBUTION   OF    FOOD 

AND   FUEL. 


1679.  AuthoHty^  etc,^  conferred  for. — By  reason  of  the  existence 
of  a  state  of  war,  it  is  essential  to  the  national  s^urity  and  defense, 
for  the  successful  prosecution  of  the  war,  and  for  the  support  and 
maintenance  of  the  Army  and  Navy,  to  assure  an  adequate  supply 
and  equitable  distribution,  and  to  facilitate  the  movement,  of  foods, 
feeds,  fuel  including  fuel  oil  and  natural  gas,  and  fertilizer  and  ferti- 
lizer ingredients,  tools,  utensils,  implements,  machinery,  and  equip- 
ment required  for  the  actual  production  of  foods,  feeds,  and  fuel,  here- 
after in  this  Act  called  necessaries;  to  prevent,  locally  or  generally, 
scarcity,  monopolization,  hoarding,  injurious  speculation,  manipula- 
tions, and  private  controls,  affecting  such  supply,  distribution,  and 
movement;  and  to  establish  and  maintain  governmental  control  of 
such  necessaries  during  the  war.  For  such  purposes  the  instrumen- 
talities, means,  methods,  powers,  authorities,  duties,  obligations,  and 


496  MILITAEY   LAWS   OF   THE   UNITED   STATES,   1915. 

prohibitions  hereinafter  set  forth  are  created,  established,  conferred, 
and  prescribed.     Sec.  1,  Act  of  Aug.  10,  1017  {JfO  Stat.,  276). 

1680.  Same — Rules  and  regulations  hy  President. — The  President 
is  authorized  to  make  such  regulations  and  to  issue  such  orders  as 
are  essential  effectively  to  carry  out  the  provisions. of  this  Act.     Id, 

1681.  Same — Use  of  agencies  and  services  of  persons  without  com- 
pensation. — In  carrying  out  the  purposes  of  this  Act  the  President 
is  authorized  to  enter  into  any  voluntary  arrangements  or  agree- 
ments, to  create  and  use  any  agency  or  agencies,  to  accept  the  services 
of  any  person  without  compensation,  to  cooperate  with  any  agency 
or  person,  to  utilize  any  department  or  agency  of  the  Government, 
and  to  coordinate  their  activities  so  as  to  avoid  any  preventable  loss 
or  duplication  of  effort  or  funds.     Sec.  2,  Id. 

1682.  Same — Pecuniary  interest  of  agents  or  em^ployees  in  con- 
tracts, etc.,  forbidden. — No  person  acting  either  as  a  voluntary  or 
paid  agent  or  emploj'^ee  of  the  United  States  in  any  capacity,  includ- 
ing an  advisory  capacity,  shall  solicit,  induce,  or  attempt  to  induce 
any  person  or  officer  authorized  to  execute  or  to  direct  the  execution 
of  contracts  on  behalf  of  the  United  States  to  make  any  contract  or 
give  any  order  for  the  furnishing  to  the  United  States  of  work, 
labor,  or  services,  or  of  materials,  supplies,  or  other  property  of  any 
kind  or  character,  if  such  agent  or  employee  has  any  pecuniary  in- 
terest in  such  contract  or  order,  or  if  he  or  any  firm  of  which  he  is  a 
member,  or  corporation,  joint-stock  company,  or  association  of  which 
he  is  an  officer  or  stockholder,  or  in  the  pecuniary  profits  of  which 
he  is  directly  or  indirectly  interested,  shall  be  a  part}''  thereto.^ 
Sec.  3,  id. 

1683.  Same — Recommendations  of  agents  or  employees  as  to  con- 
tracts, eic.,  forbidden. — Nor  shall  any  agent  or  employee  make,  or 
permit  any  committee  or  other  body  of  which  he  is  a  member  to  make, 
or  participate  in  making,  any  recommendation  concerning  such  con- 
tract or  order  to  any  council,  board,  or  commission  of  the  United 
States,  or  any  member  or  subordinate  thereof,  without  making  to  the 
best  of  his  knowledge  and  belief  a  full  and  complete  disclosure  in 
tv^riting  to  such  council,  board,  commission,  or  subordinate  of  any 
and  every  pecuniary  interest  wdiich  he  may  have  in  such  contract  or 
order  and  of  his  interest  in  any  firm,  corporation,  company,  or  asso- 

*  Under  present  statutory  provisions  (sec.  41  of  Criminal  Code;  sec.  3  of  act 
of  Aug.  10,  1917)  and  Array  Regulations  (par.  521),  an  officer  or  employee  in 
the  military  service  is  prohibited  from  acting  as  an  officer  or  agent  of  the 
Government  in  making  any  contract  or  placing  any  order  with  a  firm  or  cor- 
poration in  which  he  may  have  a  pecuniary  interest,  and  from  inducing  or 
advising  any  authorized  officer  to  make  a  contract  or  place  an  order  with  such 
firm  or  corporation.  Otherwise,  there  is  no  objection  to  an  officer  or  employee 
in  the  military  service  entering  into  contractual  relations  with  the  Government 
or  owning  an  interest  in  a  firm  or  corporation  which  enters  into  contracts  with 
the  Government.     (War.  Dept.  Bull.  75,  Dec  31,  1917.) 


497 

ciation  being  a  party  thereto.    Nor  shall  he  participate  in  the  award- 
ing of  such  contract  or  giving  such  order.     Id.^  277. 

1684.  Saine — Punishment;  laic  forhidding  agent  of  corporation, 
etc.,  to  act  as  agent  of  United  States  not  repealed. — Any  willful  vio- 
lation of  any  of  the  provisions  of  this  section  shall  be  punishable  by  a 
fine  of  not  more  than  $10,000,  or  by  imprisonment  of  not  more  than 
five  years,  or  both :  Provided,  That  the  provisions  of  this  section  shall 
not  change,  alter  or  repeal  section  forty-one  of  chapter  three  hundred 
and  twenty-one,  Thirty-fifth  Statutes  at  Large.^     Id. 

1685.  Destroying,  wasting,  or  monopolizing  necessaries;  unfair 
discriminations,  etc.,  or  unjust  charges,  etc.;  conspiracies,  etc.,  to 
li?7iit  facilities  for  transportation,  distribution,  manufacture,  etc.; 
or  exact  excessive  prices  therefor. — It  is  hereby  made  unlawful  for 
any  person  willfully  to  destro}^  any  necessaries  for  the  purpose  of 
enhancing  the  price  or  restricting  the  supply  thereof;  knowingly  to 
commit  waste  or  willfully  to  permit  preventable  deterioration  of  any 
necessaries  in  or  in  connection  with  their  production,  manufacture,  or 
distribution ;  to  hoard,  as  defined  in  section  six  of  this  Act,  any  neces- 
saries ;  to  monopolize  or  attempt  to  monopolize,  either  locally  or  gen- 
erally, any  necessaries;  to  engage  in  any  discriminatory  and  unfair, 
or  any  deceptive  or  wasteful  practice  or  device,  or  to  make  any 
unjust  or  unreasonable  rate  or  charge,  in  handling  or  dealing  in  or 
with  any  necessaries ;  to  conspire,  combine,  agree,  or  arrange  with  any 
other  person,  (a)  to  limit  the  facilities  for  transporting,  producing, 
harvesting,  manufacturing,  supplying,  storing,  or  dealing  in  any 
necessaries;  (b)  to  restrict  the  supply  of  any  necessaries;  (c)  to 
restrict  distribution  of  any  necessaries;  (d)  to  prevent,  limit,  or 
lessen  the  manufacture  or  production  of  any  necessaries  in  order  to 
enhance  the  price  thereof,  or  (e)  to  exact  excessive  prices  for  any 
necessaries ;  or  to  aid  or  abet  the  doing  of  any  act  made  unlawful  by 
this  section.    Sec.  Jf.,  id. 

1686.  Licences  to  import,  manufacture,  etc.,  necessaries. — From 
tim.e  to  time,  wdienever  the  President  shall  find  it  essential  to  license 
the  importation,  manufacture,  storage,  mining,  or  distribution  of 
any  necessaries,  in  order  to  carry  into  effect  any  of  the  purposes  of 
this  Act,  and  shall  publicly  so  announce,  no  person  shall,  after  a  date 
fixed  in  the  announcement,  engage  in  or  carry  on  any  such  business 
specified  in  the  announcement  of  importation,  manufacture,  storage, 
mining,  or  distribution  of  any  necessaries  as  set  forth  in  such  an- 
nouncement, unless  he  shall  secure  and  hold  a  license  issued  pursuant 
to  this  section.     Sec.  5,  id. 

1687.  Same — Issue  of  licenses;  regulations  for. — The  President  is 
authorized  to  issue  such  licenses  and  to  prescribe  regulations  for  the 

1  Sec.  41,  Criminal  Code,  see  par.   1250,  ante,  or  35  Stat.,  1097. 
54208  <>_18 .32 


498 

issuance  of  licenses  and  requirements  for  systems  of  accounts  and 
auditing  of  accounts  to  be  kept  by  licensees,  submission  of  reports 
by  them,  with  or  without  oath  or  affirmation,  and  the  entry  and  in- 
spection by  the  President's  duly  authorized  agents  of  the  places  of 
business  of  licensees.    Id. 

1688.  Unjust^  unreasonable^  etc.^  storage  charges y  commissions^ 
pro-fitSy  or  'practices. — Whenever  the  President  shall  find  that  any 
storage  charge,  commission,  profit,  or  practice  of  any  licensee  is  un- 
just, or  unreasonable,  or  discriminatory  and  unfair,  or  wasteful,  and 
shall  order  such  licensee,  within  a  reasonable  time  fixed  in  the  order, 
to  discontinue  the  same,  unless  such  order,  which  shall  recite  the 
facts  found,  is  revoked  or  suspended,  such  licensee  shall,  within  the 
time  prescribed  in  the  order,  discontinue  such  unjust,  unreasonable, 
discriminatory  and  unfair  storage  charge,  conmii^ion,  profit,  or 
practice.    Id. 

1689.  Sanne — President  to  find  what  constitutes  just,  reasonable, 
etc.,  storage  charges,  etc. — The  President  may,  in  lieu  of  any  such 
unjust,  unreasonable,  discriminatory,  and  unfair  storage  charge, 
commission,  profit,  or  practice,  find  what  is  a  just,  reasonable,  non- 
discriminatory  and  fair  storage  charge,  commission,  profit,  or  prac  • 
tice,  and  in  any  proceeding  brought  in  any  court  such  order  of  the 
President  shall  be  prima  facie  evidence.    Id.,  278. 

1690.  Carrying  on  business  without  license  or  after  its  revocation 
or  suspension,  punishment. — Any  person  who,  without  a  license  issued 
pursuant  to  this  section,  or  whose  license  shall  have  been  revoked, 
loiowingly  engages  in  or  carries  on  any  business  for  which  a  license 
is  required  under  this  section,  or  willfully  fails  or  refuses  to  dis- 
continue any  unjust,  unreasonable,  discriminatory  and  unfair  storage 
charge,  commission,  profit,  or  practice,  in  accordance  with  the  re- 
quirement of  an  order  issued  under  this  section,  or  any  regulation 
prescribed  under  this  section,  shall,  upon  conviction  thereof,  be  pun- 
ished by  a  fine  not  exceeding  $5,000,  or  by  imprisonment  for  not 
more  than  two  years,  or  both.    Id. 

1691.  Same — Persons  excepted. — This  section  shall  not  apply  to 
any  farmer,  gardener,  cooperative  association  of  farmers  or  gar- 
deners, including  live-stock  farmers,  or  other  persons  with  respect 
to  the  products  of  any  farm,  garden,  or  other  land  owned,  leased,  or 
cultivated  by  him,  nor  to  any  retailer  with  respect  to  the  retail  busi- 
ness actually  conducted  by  him,  nor  to  any  common  carrier,  nor 
shall  anything  in  this  section  be  construed  to  authorize  the  fixing  or 
imposition  of  a  duty  or  tax  upon  any  article  imported  into  or  ex- 
ported from  the  United  States  or  any  State,  Territory,  or  the  Dis- 
trict of  Columbia.    Id. 

1692.  Same — Retailers  defined. — For  the  purposes  of  this  Act  a'' 
retailer  shall  be  deemed  to  be  a  person,  copartnership,  firm,  corpora- 


MILITARY  LAWS   OF   THE  UNITED   STATES,  1915.  499 

tion,  or  association  not  engaging  in  the  wholesale  business  whose 
gross  sales  do  not  exceed  $100,000  per  annum.    Id. 

1693.  Hoarding  necessaries^  punishment. — Any  person  who  will- 
fully hoards  any  necessaries  sliall  upon  conviction  thereof  be  fined 
nol  exceeding  $5,000  or  be  imprisoned  for  not  more  than  two  years, 
or  both.    Sec.  6^  id. 

1694.  Same — Hoarding  defined. — Necessaries  shall  be  deemed  to 
be  hoarded  within  the  meaning  of  this  Act  when  either  (a)  held, 
contracted  for,  or  arranged  for  by  any  person  in  a  quantity  in  excess 
of  his  reasonable  requirements  for  use  or  consumption  by  himself 
and  dependents  for  a  reasonable  time;  (b)  held,  contracted  for,  or 
arranged  for  by  any  manufacturer,  wholesaler,  retailer,  or  other 
dealer  in  a  quantity  in  excess  of  the  reasonable  requirements  of  his 
business  for  use  or  sale  by  him  for  a  reasonable  time,  or  reasonably 
required  to  furnish  necessaries  produced  in  surplus  quantities  season- 
ally throughout  the  period  of  scant  or  no  production;  or  (c)  with- 
held, whether  by  possession  or  under  any  contract  or  arrangement, 
from  the  market  by  any  person  for  the  purpose  of  unreasonably 
increasing  or  diminishing  the  price.    Id. 

1695.  Sarfie — Transactions  of  exchange^  hoards  of  trade^  etc.^  ex- 
ceqited. — This  section  shall  not  include  or  relate  to  transactions  on 
any  exchange,  board  of  trade,  or  similar  institution  or  place  of  busi- 
ness as  described  in  section  thirteen  of  this  Act  that  may  be  per- 
mitted by  the  President  under  the  authority  ccwiferred  upon  him  by 
said  section  thirteen.^    Id^ 

1696.  Sanw — Accunnulating  and  withholding  farin  and  garden 
froducts^  etc.^  hy  fanners.^  etc..,  ryot  hoarding. — Any  accumulating  or 
withholding  by  any  farmer  or  gardener,  cooperative  association  of 
farmers  or  gardeners,  including  live-stock  farmers,  or  any  other 
person,  of  the  products  of  any  farm,  garden,  or  other  land  owned, 
leased,  or  cultivated  by  him  sliall  not  be  deemed  to  be  hoarding 
within  the  meaning  of  this  Act,    Id. 

1697.  Hoarding  necessaries.,  seizure  hy  Jihel,  jurisdiction^  and  sale 
of  necessaries  seized. — Whenever  any  necessaries  shall  be  hoarded  as 
defined  in  section  six  tliey  shall  be  liable  to  be  proceeded  against  in 
any  district  court  of  the  United  States  within  the  district  v/here  the 
same  are  found  and  seized  by  a  process  of  libel  for  condemnation, 
and  if  such  necessaries  shall  be  adjudged  to  be  hoarded  they  shall 
be  disposed  of  by  sale  in  such  manner  as  to  provide  the  most  equitable 
distribution  thereof  as  the  court  may  direct,  and  the  proceeds 
thereof,  less  the  legal  costs  and  charges,  shall  be  paid  to  the  party 
entitled  thereto.    Sec.  7,  id^ 

1698.  Sam^. — Procedure. — The  proceedings  of  such  libel  cases  shall 
conform  as  neiir  as  may  be  to  the  pix)oeedings  in  admiralty,  except 

*  See  paragraphs  1714^1717,  post. 


600  MILITARY   LAWS   OF   THE   UNITED   STATES/ 1915. 

that  either  party  may  demand  trial  by  jury  of  any  issue  of  fact 
joined  in  any  such  case,  and  all  such  proceedings  shall  be  at  the  suit 
of  and  in  the  name  of  the  United  States.    Id.^  279. 

1699.  Same — Duties  of  district  attorneys. — It  shall  be  the  duty  of 
the  United  States  attorney  for  the  proper  district  to  institute  and 
prosecute  any  such  action  upon  presentation  to  him  of  satisfactory 
evidence  to  sustain  the  same.    Id. 

1700.  Destroying  necessaries  to  enhance  price ^  punishment. — Any 
person  who  willfully  destroys  any  necessaries  for  the  purpose  of 
enhancing  the  price  or  restricting  the  supply  thereof  shall,  upon  con- 
viction thereof,  be  fined  not  exceeding  $5,000  or  imprisoned  for  not 
more  than  two  years,  or  both.    Sec.  8,  id. 

1701.  Conspiring  to  limit  facilities  for  transporting,  etc.,  neces- 
saries, etc.,  punishment. — Any  person  who  conspires,  combines, 
agrees,  or  arranges  with  any  other  person  (a)  to  limit  the  facilities 
for  transporting,  producing,  manufacturing,  supplying,  storing,  or 
dealing  in  any  necessaries;  (b)  to  restrict  the  supply  of  any  neces- 
saries; (c)  to  restrict  the  distribution  of  any  necessaries;  (d)  to  pre- 
vent, limit,  or  lessen  the  manufacture  or  production  of  any  neces- 
saries in  order  to  enhance  the  price  thereof  shall,  upon  conviction 
thereof,  be  fined  not  exceeding  $10,000  or  be  imprisoned  for  not  more 
than  two  years,  or  both.    Sec.  9,  id. 

1702.  Requisition  of  food,  etc.,  for  Army  or  Navy  or  public  use 
connected  with  puhlic  defense. — The  President  is  authorized,  from 
time  to  time,  to  requisition  foods,  feeds,  fuels,  and  other  supplies  nec- 
essary to  the  support  of  the  Army  or  the  maintenance  of  the  Navy,  or 
SLTij  other  public  use  connected  with  the  common  defense,  and  to 
requisition,  or  otherwise  provide,  storage  facilities  for  such  supplies ; 
and  he  shall  ascertain  and  pay  a  just  compensation  therefor.  See, 
10,  id. 

1703.  Same — Determination  of  value  and  payment  therefor. — If 
the  compensation  so  determined  be  not  satisfactory  to  the  person  en- 
titled to  receive  the  same,  such  person  shall  be  paid  seventy-five  per 
centum  of  the  amount  so  determined  b}^  the  President,  and  shall  be 
entitled  to  sue  the  United  States  to  recover  such  further  sum  as, 
added  to  said  seventy-five  per  centum  will  make  up  such  amount  as 
will  be  just  compensation  for  such  necessaries  or  storage  space,  and 
jurisdiction  is  hereby  conferred  on  the  United  States  District  Courts 
to  hear  and  determine  all  such  controversies.    Id. 

1704.  Same— Necessaries  required  hy  natural  persons  for  consump- 
tion  and  seed  for  cultivating  lands  excepted. — Nothing  in  this  sec- 
tion, or  in  the  section  that  follows,  shall  be  construed  to  require  any 
natural  person  to  furnish  to  the  Government  any  necessaries  held  by 
him  and  reasonably  required  for  consumption  or  use  by  himself  and 
dependents,  nor  shall  any  person,  firm,  corporation,  or  association 


1915.  501 

be  required  to  furnish  to  the  Government  any  seed  necessary  for  the 
seeding  of  land  owned,  leased,  or  cultivated  by  them.    Id. 

1705.  Purchase^  etc.^  and  sale  of  wheats  flour^  meal^  heans,  and 
potatoes  hy  President, — The  President  is  authorized  from  time  to 
time  to  purchase,  to  store,  to  provide  storage  facilities  for,  and  to  sell 
for  cash  at  reasonable  prices,  wheat,  flour,  meal,  beans,  and  potatoes. 
Sec.  11^  id. 

1706.  Same — Minimum  price  therefor. — If  any  minimum  price 
shall  have  been  theretofore  fixed,  pursuant  to  the  provisions  of  section 
fourteen  of  this  Act,  then  the  price  paid  for  any  such  articles  so  pur- 
chased shall  not  be  less  than  such  minimum  price.    Id. 

1707.  Same — Disposition  of  raoneys  received  from  sales. — Any 
moneys  received  by  the  United  States  from  or  in  connection  with  the 
disposal  by  the  United  States  of  necessaries  under  this  section  may, 
in  the  discretion  of  the  President,  be  used  as  a  revolving  fund  for 
further  carr^dng  out  the  purposes  of  this  section.  Any  balance  of 
such  moneys  not  used  as  part  of  such  revolving  fund  shall  be  covered 
into  the  Treasury  as  miscellaneous  receipts.    Id. 

1708.  Requisition  and  operation  hy  President  of  factories^  packing 
houses^  oil  pipe  lines,  mines,  etc.,  to  procure  necessities  for  support 
of  Army  or  Navy  or  common  defense. — Whenever  the  President 
shall  find  it  necessary  to  secure  an  adequate  supply  of  necessaries 
for  the  support  of  the  Army  or  the  maintenance  of  the  Navy,  or  for 
any  other  public  use  connected  with  the  common  defense,  he  is  au- 
thorized to  requisition  and  take  over,  for  use  or  operation  by  the 
Government,  any  factory,  packing  house,  oil  pipe  line,  mine,  or 
other  plant,  or  an}^  part  thereof,  in  or  through  which  any  necessaries 
are  or  may  be  manufactured,  produced,  prepared,  or  mined,  and  to 
operate  the  same.    Sec.  12,  id. 

'1709.  Same — Restoration  of  factories,  etc.,  to  owners. — Whenever 
the  President  shall  determine  that  the  further  use  or  operation  by  the 
Government  of  any  such  factory,  mine,  or  plant,  or  part  thereof,  is 
not  essential  for  the  national  security  or  defense,  the  same  shall  be 
restored  to  the  person  entitled  to  the  possession  thereof.    Id.,  280. 

1710.  'Same — Compensation  for  the  property,  etc.,  requisitioned. — 
The  United  States  shall  make  just  compensation,  to  be  determined  by 
the  President,  for  the  taking  over,  use,  occupation,  and  operation  by 
the  Government  of  any  such  factory,  mine,  or  plant,  or  part 
thereof.     Id. 

1711.  Same — Determination  of  value  of  property,  etc.,  requlsi- 
tioned. — If  the  compensation  so  determined  be  unsatisfactory  to  the 
person  entitled  to  receive  the  same,  such  person  shall  be  paid  sev- 
enty-five per  centum  of  the  amount  so  determined  by  the  President, 
and  shall  be  entitled  to  sue  the  United  States  to  recover  such  further 
sum  as,  added  to  said  seventy-five  per  centum,  will  make  up  such 


502  MILITARY   LAWS   OF   THE   UNITED   STATES,,   1915. 

amount  as  will  be  just  compensation,  in  the  manner  provided  by 
section  twenty-four,  paragraph  twenty,  and  section  one  hundred  and 
forty-five  of  the  Judicial  Code.^     Id. 

1712.  Regulations  hy  President  for  carrying  out  provisions  of  sec- 
tion.— The  President  is  authorized  to  prescribe  such  regulations 
as  he  may  deem  essential  for  carrying  out  the  purposes  of  this  sec- 
tion, including  the  operation  of  any  such  factory,  mine,  or  plant, 
or  part  thereof,  the  purchase,  sale,  or  other  disposition  of  articles 
used,  manufactured,  produced,  prepared,  or  mined  therein,  and  the 
emplo^anent,  control,  and  compensation  of  employees.     Id. 

1713.  Disposition  of  moneys  received  from  operation^  etc.^  of  fae- 
ries^ etc. — xiny  moneys  received  by  the  United  States  from  or  in  con- 
nection with  the  use  or  operation  of  any  such  factory,  mine,  or  plant, 
or  part  thereof,  may,  in  the  discretion  of  the  President,  be  used  as  a 
revolving  fund  for  the  purpose  of  the  continued  use  or  operation  of 
any  such  factory,  mine,  or  plant,  or  part  thereof,  and  the  accounts 
01  each  such  factory,  mine,  plant,  or  part  thereof,  shall  be  kept  sepa- 
rate and  distinct.  Any  balance  of  such  money  not  used  as  part  of 
such  revolving  fund  shall  be  paid  into  the  Treasury  as  miscellaneous 
receipts.    Id. 

1714.  Regulationshy  President  to  prevent'-^  evil  practices.''^ — Wlien- 
ever  the  President  finds  it  essential  in  order  to  prevent  undu.e  en- 
hancement, depression,  or  fluctuation  of  prices  of,  or  in  order  to  pre- 
vent injurious  speculation  in,  or  in  order  to  prevent  unjust  marlcet 
manipulation  or  unfair  and  misleading  market  quotations  of  the 
prices  of  necessaries,  hereafter  in  this  section  called  evil  practices, 
he  is  authorized  to  prescribe  such  regulations  governing,  or  may 
either  wholly  or  partly  prohibit,  operations,  practices,  and  transac- 
tions at,  on,  in,  or  under  the  rules  of  any  exchange,  board  of  trade, 
or  similar  institution  or  place  of  business  as  he  may  find  essential  -in 
order  to  prevent,  correct,  or  remove  such  evil  practices.    Sec.  13.  id, 

1716.  Same — Scope  of  such  regulations. — Such  regulations  may  re- 
quire all  persons  coming  within  their  provisions  to  keep  such  records 
and  statements  of  account,  and  may  require  such  persons  to  make 
such  returns,  verified  under  oath  or  otherwise,  as  will  fully  and  cor- 
rectly disclose  all  transactions  at,  in,  or  on,  or  under  the  rules  of 
any  such  exchange,  board  of  trade,  or  similar  institution  or  place 
of  business,  including  the  making,  execution,  settlement,  and  fulfill- 
ment thereof.     Id. 

1716.  Same — Records  and  returns  of  clearing  houses^  clearing  asso- 
ciations, etc. — He  may  also  require  all  persons  acting  in  the  capacity 
of  a  clearing  house,  clearing  association,  or  similar  institution,  for 
the  purpose  of  clearing,  settling,  or  adjusting  transactions  at,  in,  or 

'  See  paragraphs  278  and  277,  ante,  or  36  Stat.  1093,  1136. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  503 

on,  or  under  the  rules  of  any  such  exchange,  board  of  trade,  or  simi- 
lar institution  or  place  of  business,  to  keep  such  records  and  to  make 
sucli  returns  as  will  fully  and  correctly  disclose  all  facts*  in  their 
possession  relating  to  such  transactions,  and  he  may  appoint  agents 
to  conduct  the  investigations  necessary  to  enforce  the  provisions  of 
this  section  and  all  rules  and  regulations  made  by  him  in  pursuance 
thereof,  and  may  fix  and  pay  the  compensation  of  such  agents.    Id, 

1717.  Piirmhment  for  violation  of  such  regulations. — xlny  person 
who  v»rillfully  violates  any  regulation  made  pursuant  to  this  section, 
or  who  knowingly  engages  in  any  operation,  practice,  or  transaction 
prohibited  pursuant  to  this  section,  or  who  willfully  aids  or  abets 
any  such  violation  or  any  such  prohibited  operation,  practice,  or 
transaction,  shall,  upon  conviction  thereof,  be  punished  by  a  fine  not 
exceeding  $10,000  or  by  imprisonment  for  not  more  than  four  years, 
or  both.    Id, 

1718.  Stimulation  of  the  j)''^oduction  of  loheat, — Whenever  the 
President  shall  find  that  an  emergency  exists  requiring  stimulation 
of  the  production  of  wheat  and  that  it  is  essential  that  the  producers 
of  Avheat,  produced  within  the  United  States,  shall  have  the  benefits 
of  the  guaranty  provided  for  in  this  section,  he  is  authorized,  from 
time  to  time,  seasonably  and  as  far  in  advance  of  seeding  time  as 
practicable,  to  determine  and  fi»x  and  to  give  public  notice  of  what, 

^Tinder  specified  conditions,  is  a  reasonable  guaranteed  price  for 
wheat,  in  order  to  assure  such  producers  a  reasonable  profit.  Sec, 
H^  id. 

1719.  Same — Determination  and  fixing  of  reasonable  guaranteed 
prices  for  wheat. — The  President  shall  thereupon  fix  such  guaranteed 
price  for  each  of  the  official  grain  standards  for  wheat  as  established 
under  the  United  States  grain  standards  Act,  approved  August 
eleventh,  nineteen  hujidred  and  sixteen.     Id. 

1720.  Sarne — Regulations  in  connection  with  guaranteed  prices. — 
The  President  shall  from  time  to  time  establish  and  promulgate  such 
regulations  as  he  shall  deem  wise  in  connection  with  such  guaranteed 
prices,  and  in  particular  governing  conditions  of  delivery  and  pay- 
ment, and  differences  in  price  for  the  several  standard  grades  in  the 
principal  primary  markets  of  the  United  States,  adopting  number 
one  northern  spring  or  its  equivalent  at  tlie  principal  interior  pri- 
mary markets  as  the  basis.  Thereupon,  the  Government  of  the 
United  States  hereby  guarantees  every  producer  of  wheat  produced 
within  the  United  States,  that,  upon  compliance  by  him  with  the 
regulations  prescribed,  he  shall  receive  for  any  wheat  produced  in 
reliance  upon  this  guarantee  w^ithin  the  period,  not  exceeding  eight- 
een months,  prescribed  in  the  notice,  a  price  not  less  than  the  guaran- 
teed price  therefor  as  fixed  pursuant  to  this  section.  In  such  regula- 
tions the  President  shall  prescribe  the  terms  and  conditions  upon 


504  MILITAEY   LAWS   OF   THE   UNITED   STATES^   1915. 

^vhich  any  such  producer  shall  be  entitled  to  the  benefits  of  such 
guaranty.     Id, 

1721.  iSame — MinimuTn  of  guaranteed  jyvice  made  absolute. — The 
guaranteed  prices  for  the  several  standard  grades  of  wheat  for  the 
crop  of  nineteen  hundred  and  eighteen,  shall  be  based  upon  number 
one  northern  spring  or  its  equivalent  at  not  less  than  $2  per  bushel 
at  the  principal  interior  primary  markets.  This  guaranty  shall  not 
be  dependent  upon  the  action  of  the  President  under  the  first  part 
of  this  section,  but  is  hereby  made  absolute  and  shall  be  binding 
until  May  first,  nineteen  hundred  and  nineteen.     Id, 

1721a.  Levy  of  duty  on  imported  wheat  to  maintain  stability  of 
guaranteed  price. — =When  the  President  finds  that  the  importation 
into  the  United  States  of  any  wheat  produced  outside  of  the 
United  States  materially  enhances  or  is  likely  materially  to  en- 
hance the  liabilities  of  the  United  States  under  guaranties  of  prices 
therefor  made  pursuant  to  this  section,  and  ascertains  what  rate  of 
duty,  added  to  the  then  existing  rate  of  duty  on  wheat  and  to  the 
value  of  wheat  at  the  time  of  importation,  would  be  sufficient  to  bring 
the  price  thereof  at  which  imported  up  to  the  price  fixed  therefor 
pursuant  to  the  foregoing  provisions  of  this  section,  he  shall  proclaim 
such  facts,  and  thereafter  there  shall  be  levied,  collected,  and  paid 
upon  wheat  when  imported  in  addition  to  the  then  existing  rate  of 
duty,  the  rate  of  duty  so  ascertained;  but  in  no  case  shall  am^  such 
rate  of  duty  be  fixed  at  an  amount  which  will  effect  a  reduction  of 
the  rate  of  duty  upon  wheat  under  any  then  existing  tariff  law  of 
the  United  States.     Id. 

1722.  Purchase  by  United  States  of  wheat  for  which  price  has  been 
guaranteed^  and  sale,  etc.,  of  wheat  so  bought. — For  the  purpose  of 
making  any  guaranteed  price  effective  under  this  section,  or  when- 
ever he  deems  it  essential  in  order  to  protect  the  Government  of  the 
United  States  against  material  enhancement  of  its  liabilities  arising 
out  of  any  guaranty  under  this  section,  the  President  is  authorized 
also,  in  his  discretion,  to  purchase  any  wheat  for  which  a  guaranteed 
price  shall  be  fixed  under  this  section,  and  to  hold,  transport,  or 
store  it,  or  to  sell,  dispose  of,  and  deliver  the  same  to  any  citizen  of 
the  United  States  or  to  any  Government  engaged  in  war  with  any 
country  with  which  the  Government  of  the  United  States  is  or  may 
be  at  war  or  to  use  the  same  as  supplies  for  any  department  or  agency 
of  the  Government  of  the  United  States.     Id, 

1723.  Same — Disposition  of  moneys  received  from  such  sale. — Any 
moneys  received  by  the  United  States  from  or  in  connection  with  the 
sale  or  disposal  of  wheat  under  this  section  m.ay,  in  the  discretion  of 
the  President,  be  used  as  a  revolving  fund  for  further  carrying  out 
the  purposes  of  this  section.    Any  balance  of  such  moneys  not  used 


1015.  505 

as  part  of  such  revolving  fund  shall  be  covered  into  the  Treasury  as 
miscellaneous  receipts.    Id. 

1724.  Foods^  fruits,  etc.^  not  to  1)6  used  in  production  of  distilled 
spirits  for  heverage  purposes. — From  and  after  thirty  days  from  the 
date  of  the  approval  of  this  Act  no  foods,  fruits,  food  materials,  or 
feeds  shall  be  used  in  the  production  of  distilled  spirits  for  beverage 
purposes.    Sec.  15^  id. 

1725.  Use  of  food^  etc.^  for  production  of  distilled  spirits  for  other 
than  heverage  purposes. — Under  such  rules,  regulations,  and  bonds 
as  the  President  may  prescribe,  such  materials  may  be  used  in  the 
production  of  distilled  spirits  exclusively  for  other  than  beverage 
purposes,  or  for  the  fortification  of  pure  sweet  wines  as  defined  by 
the  Act  entitled  "An  Act  to  increase  the  revenue,  and  for  other  pur- 
poses," approved  September  eighth,  nineteen  hundred  and  sixteen.^ 
Id. 

1726.  ImportatiGn  of  distilhd  spirits  prohibited. — Nor  shall  there 
be  imported  into  the  United  States  any  distilled  spirits.    Id. 

1727.  Restrictions  on  use  of  food,  etc.,  for  production  of  malt  or 
vinous  liquors  for  heverage  purposes. — Whenever  the  President  shall 
find  that  limitation,  regulation,  or  prohibition  of  the  use  of  foods, 
fruits,  food  materials,  or  feeds  in  the  production  of  malt  or  vinous 
liquors  for  beverage  purposes,  or  that  reduction  of  the  alcoholic  con- 
tent of  any  such  malt  or  vinous  liquor,  is  essential,  in  order  to  assure 
an  adequate  and  continuous  supply  of  food,  or  that  the  national 
security  and  defense  will  be  subserved  thereby,  he  is  authorized,  from 
time  to  time,  to  prescribe  and  give  public  notice  of  the  extent  of  the 
limitation,  regulation,  prohibition,  or  reduction  so  necessitated.    Id. 

1728.  Same — Notice  of  restrictions. — Whenever  such  notice  shall 
have  been  given  and  shall  remain  unrevoked  no  person  shall,  after  a 
reasonable  time  prescribed  in  such  notice,  use  any  foods,  fruits,  food 
materials,  or  feeds  in  the  production  of  malt  or  vinous  liquors,  or 
import  any  such  liquors  except  under  license  issued  by  the  President 
and  in  compliance  with  rules  and  regulations  determined  by  him  gov- 
erning the  production  and  importation  of  such  liquors  and  the  alco- 
holic content  thereof.    Id.       * 

1729.  Violation  of  section,  punishment. — Any  person  who  willfully 
violates  the  provisions  of  this  section,  or  who  shall  use  any  foods, 
fruits,  food  materials,  or  feeds  in  the  production  of  malt  or  vinous 
liquors,  or  who  shall  import  any  such  liquors,  without  first  obtaining 
a  license  so  to  do  when  a  license  is  required  under  this  section,  or  who 
shall  violate  any  rule  or  regulation  made  under  this  section,  shall  be 
punished  by  a  fine  not  exceeding  $5,000,  or  by  imprisonment  for  not 
more  than  two  years,  or  both.    Id. 

'BO  Stat.  785. 


506  MILITARY   LAWS   OF   THE   UNITED   STATES,   1015. 

1730.  Manufacture  of  vinous  or  malt  liquors  in  prohibition  terri- 
tory  not  permitted  hy  section. — Nothing  in  this  section  shall  be  con- 
strued to  authorize  the  licensing  of  the  manufacture  of  vinous  or 
malt  liquors  in  any  State,  Territory,  or  the  District  of  Columbia,  or 
any  civil  subdivision  thereof,  where  the  manufacture  of  such  a  i nous 
or  malt  liquor  is  prohibited.     Id. 

1731.  Talcing  over  hy  Government  of  distilled  spirits  in  hond  or  in 
stock. — The  President  is  authorized  and  directed  to  commandeer  any 
or  all  distilled  spirits  in  bond  or  in  stock  at  the  date  of  the  ap- 
proval of  this  Act  for  redistillation,  in  so  far  as  such  redistillation 
may  be  necessary  to  meet  the  requirements  of  the  Government  in 
the  manufacture  of  munitions  and  other  military  and  hospital  sup- 
plies, or  in  so  far  as  such  redistillation  would  dispense  with  the  neces- 
sity of  utilizing  products  and  materials  suitable  for  foods  and  feeds 
in  the  future  manufacture  of  distilled  spirits  for  the  purposes  herein 
enumerated.     Sec.  16,  id. 

1732.  Sa7ne — Payment  therefor,  determhiation  of  value. — The 
President  shall  determine  and  pay  a  just  compensation  for  the  dis- 
tilled spirits  so  commandeered;  and  if  the  compensation  so  deter- 
mined be  not  satisfactory  to  tlie  person  entitled  to  receive  the  same, 
such  person  shall  be  paid  seventy-live  per  centum  of  the  amount  so 
determined  by  the  President  and  shall  be  entitled  to  sue  the  United 
States  to  recover  such  further  sum  as,  added  to  said  seventy-five  per 
centum,  will  make  up  such  amount  as  will  be  just  com.pensation  for 
such  spirits,  in  the  mamier  provided  by  section  twenty-four,  para- 
graph twenty,  and  section  one  hundred  and  forty-five  of  the  Judicial 
Code.i     /^^ 

1733.  Interference,  etc.y  vnth  officers,  etc.,  of  United  States  in  per- 
formance  of  duties  authorized  hy  act,  punishment. — Every  person 
who  willfully  assaults,  resists,  impedes,  or  interferes  with  any  officer, 
employee,  or  agent  of  the  United  States  in  the  execution  of  any  duty 
authorized  to  be  performed  by  or  pursuant  to  this  Act  shall  upon 
conviction  thereof  be  fined  not  exceeding  $1,000  or  be  imprisoned  for 
not  more  than  one  j^ear,  or  both.    Sec.  17,  id, 

1734.  Appropriation  for  rent,  prinUng,  paym-ent  of  em^ployees, 
etc. — The  sum  of  $2,500,000  is  hereby  appropriated,  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropriated,  to  be  available 
until  June  thirtieth,  nineteen  hundred  and  eighteen,  for  the  payment 
of  such  rent,  the  expense,  including  postage,  of  such  printing  and 
publications,  the  purchase  of  such  material  and  equipment,  and  the 
employment  of  such  persons  and  means,  in  the  city  of  Washington 
and  elsewhere,  as  the  President  may  deem  essential.    Sec.  18,  id. 

1735.  Appropriation  for  other  uses  made  necessary  hy  act. — For 
the  purposes  of  this  Act  the  sum  of  $1.50,000,000  is  hereby  appro- 

*  See  paragraphs  278  and  277,  ante,  or  35  Stat.  1093,  1136. 


MILITABY  LAWS   OF   THE   UNITED  STATES,   1015.  507 

printed.,  out  of  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated,  to  be  available  during  the  time  this  Act  is  in  effect:  Pro- 
mded^  That  no  part  of  this  appropriation  shall  be  expended  for  the 
purposes  described  in  the  preceding  section.     Sec.  19^  id. 

1736.  Same — Monthly  statement  of  disbursements  to  he  fled  with 
Secretary  of  Senate  and  Clerk  of  House. — Itemized  statements  cov- 
ering all  purchases  and  disbursements  under  this  and  the  preceding 
section  shall  be  filed  with  the  Secretary  of  the  Senate  and  the  Clerk 
of  the  House  of  Kepresentatives  on  or  before  the  twenty-fifth  day  of 
each  month  after  the  taking  effect  of  this  Act,  covering  the  business 
of  the  preceding  month,  and  said  statements  shall  be  subject  to  pub- 
lic inspection.     Id. 

1737.  Persons  em^ployed  under  act  not  exempt  from  military  service 
under  draft  laws. — The  employment  of  any  person  under  the  pro- 
visions of  this  Act  shall  not  exempt  any  such  person  from  military 
service  under  the  provisions  of  the  selective  draft  law  approved  May 
eighteenth,  nineteen  hundred  and  seventeen.     Sec.  20^  id. 

1738.  Annual  report  to  Congress  of  proceedings  under  act. — The 
President  shall  cause  a  detailed  report  to  be  made  to  the  Congress 
on  the  first  day  of  January  each  year  of  all  proceedings  had  under 
this  Act  during  the  year  preceding.     Sec.  21.,  id. 

1739.  Same — Contents  of  report. — Such  report  shall,  in  addition  to 
other  matters,  contain  an  account  of  all  persons  appointed  or  em- 
ployed, the  salary  or  compensation  paid  or  allowed  each,  the  aggre- 
gate amount  of  the  different  kinds  of  property  purchased  or  requisi- 
tioned, the  use  and  disposition  made  of  such  property,  and  a  state- 
ment of  all  receipts,  payments,  and  expenditures,  together  with  a 
statement  showing  the  general  character,  and  estimated  value  of  all 
property  then  on  hand,  and  the  aggregate  amount  and  character  of 
all  claims  against  the  United  States  growing  out  of  this  Act.     Id. 

1740.  Partial  invalidity  of  act  not  to  affect  other  portions. — If  any 
clause,  sentence,  paragraph,  or  part  of  this  Act  shall  for  any  reason 
be  adjudged  by  any  court  of  competent  jurisdiction  to  be  invalid, 
such  judgment  shall  not  affect,  impair,  or  invalidate  the  remainder 
thereof,  but  shall  be  confined  in  its  operation  to  the  clause,  sentence, 
paragraph,  or  part  thereof,  directly  involved  in  the  controversy  in 
w^lnch  such  judgment  shall  have  been  rendered.     Sec.  22^  id. 

1741.  Words  defined. — ^Words  used  in  this  Act -shall  be  construed 
to  import  the  plural  or  the  singular,  as  the  case  demands.  The  word 
"  person,"  wherever  used  in  this  Act,  shall  include  individuals,  part- 
nerships, associations,  and  corporations.    Sec.  23^  id. 

1742.  Same — Act^  etc.^  of  official.,  etc.,  of  partnership^  etc.^  deemed 
act.  etc.^  of  such  partnership^  etc. — When  construing  and  enforcing 
the  provisicms  of  this  Act,  the  act,  omission,  or  faihire  of  any  official, 
agent,  or  other  person  acting  for  or  employed  by  any  partnership, 


508  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

association,  or  corporation  within  the  scope  of  his  employment  or 
office  shall,  in  every  case,  also  be  deemed  the  act,  omission,  or  failure 
of  such  partnership,  association,  or  corporation  as  well  as  that  of  the 
person.     Id. 

1743.  Time  when  act  ceases  to  he  operative. — The  provisions  of  this 
Act  shall  cease  to  be  in  effect  when  the  existing  state  of  war  between 
the  United  States  and  Germany  shall  have  terminated,  and  the  fact 
and  date  of  such  termination  shall  be  ascertained  and  proci aimed 
by  the  President ;  but  the  termination  of  this  Act  shall  not  affect  any 
act  done,  or  any  right  or  obligation  accruing  or  accrued,  or  any  suit 
or  proceeding  had  or  commenced  in  any  civil  case  before  the  said 
termination  pursuant  to  this  Act ;  but  all  rights  and  liabilities  under 
this  Act  arising  before  its  termination  shall  continue  and  may  be 
enforced  in  the  same  manner  as  if  the  Act  had  not  terminated.  Sec, 
^4,  id. 

1744.  Same — Termination  of  operative  effect  of  act  not  to  affect 
acts  done  or  rights.,  etc.,  accrued  or  offenses  committed  pmor  thereto.-^ 
Any  offense  committed  and  all  penalties,  forfeitures,  or  liabilities  in- 
curred prior  to  such  termination  may  be  prosecuted  or  punished  in 
the  same  manner  and  with  the  same  effect  as  if  this  Act  had  not  been 
terminated.     Id.,  28 If. 

1745.  Fixing  2}rice  of  coal  and  coke,  regulation  of  production.,  sale, 
etc.,  of,  and  agency  for  exercising  authority  in  connection  with. — 
The  President  of  the  United  States  shall  be,  and  he  is  hereby,  author- 
ized and  empowered,  whenever  and  wherever  in  his  judgment  neces- 
sary for  the  efficient  prosecution  of  the  war,  to  fix  the  price  of  coal 
and  coke,  wherever  and  whenever  sold,  either  by  producer  or  dealer, 
to  establish  rules  for  the  regulation  of  and  to  regulate  the  method 
of  production,  sale,  shipment,  distribution,  apportionment,  or  storage 
thereof  among  dealers  and  consumers,  domestic  or  foreign;  said 
authority  and  power  may  be  exercised  b}^  him  in  each  case  through 
the  agency  of  the  Federal  Trade  Commission  during  the  war  or  for 
such  part  of  said  time  as  in  his  judgment  may  be  necessary.  Sec, 
25,  id. 

1746.  Same — Taking  over  plants,  etc.,  on  failure  to  conform  to 
price  regulations,  and  operation  of  same  hy  Gove^niment. — If,  in  the 
opinion  of  the  President,  any  such  producer  or  dealer  fails  or  neglects 
to  conform  to  such  prices  or  regulations,  or  to  conduct  his  business 
efficiently  under  the  regulations  and  control  of  the  President  as  afore- 
said, or  conducts  it  in  a  manner  prejudicial  to  the  public  interest,  then 
the  President  is  hereby  authorized  and  empowered  in  every  such  case 
to  requisition  and  take  over  the  plant,  business,  and  all  appurtenances 
thereof  belonging  to  such  producer  or  dealer  as  a  going  concern, 
and  to  operate  or  cause  the  same  to  be  operated  in  such  manner  and 
through  such  agency  as  he  may  direct  during  the  period  of  the  war 


MILITAEY   LAWS   OF    THE   UIs^ITED   STATES,   1915.  509 

or  for  such  part  of  said  time  as  in  his  judgment  may  be  neces- 
sary.    Id. 

1747.  Payment  of  compensation  to  owners  of  plants^  etc.^  requisi- 
tionecl, — Any  producer  or  dealer  whose  plant,  business,  and  appurte- 
nances shall  have  been  requisitioned  or  taken  over  by  the  President 
shall  be  paid  a  just  compensation  for  the  use  thereof  during  the 
period  that  the  same  may  be  requisitioned  or  taken  over  as  afore- 
said, which  compensation  the  President  shall  fix  or  cause  to  be  fixed 
by  the  Federal  Trade  Commission.     Id. 

1748.  S>ame — Determination  of  vaiue^  method  of. — If  the  prices  so 
fixed,  or  if,  in  the  case  of  the  taking  over  or  requisitioning  of  the 
mines  or- business  of  any  such  producer  or  dealer  the  compensation 
therefor  as  determined  by  the  provisions  of  this  Act  be  not  satis- 
factory to  the  person  or  persons  entitled  to  receive  the  same,  such 
person  shall  be  paid  seventy-five  per  centum  of  the  amount  so  de- 
termined, and  shall  be  entitled  to  sue  the  United  States  to  recover 
such  further  sum  as,  added  to  said  seventy-five  per  centum,  will  make 
up  such  am.ount  as  will  be  just  compensation  in  the  manner  provided 
by  section  twenty- four,  paragraph  twenty,  and  section  one  hundred 
and  forty-five  of  the  Judicial  Code.^    Id. 

1749.  Regulations  for  operation  of  plants^  etc.^  requisitioned. — 
While  operating  or  caiising  to  be  operated  any  such  plants  or  busi- 
ness, the  President  is  authorized  to  prescribe  such  regulations  as  he 
may  deem  essential  for  the  employment,  control,  and  compensation 
of  the  emxployees  necessary  to  conduct  the  same.    Id. 

1750.  Purchase  hy  Government  of  coal  and  coke^  and  sale  thereof f* 
regiilations  therefor^. — Or  if  the  President  of  the  United  States  shall 
be  of  the  opinion  that  he  can  thereby  better  provide  for  the  common 
defense,  and  whenever,  in  his  judgment,  it  shall  be  necessary  for  the 
efficient  prosecution  of  the  war,  then  he  is  hereby  authorized  and 
empowered  to  require  any  or  all  producers  of  coal  and  coke,  either 
in  any  special  area  or  in  any  special  coal  fields,  or  in  the  entire 
United  States,  to  sell  their  products  only  to  the  United  States  through 
an  agency  to  be  designated  by  the  President,  such  agency  to  regulate 
the  resale  of  such  coal  and  coke,  and  the  prices  thereof,  and  to  es- 
tablish rules  for  the  regulation  of  and  to  regulate  the  methods  of 
production,  shipment,  distribution,  apportionment,  or  storage  thereof 
fanong  dealers  and  consumers,  domestic  or  foreign,  and  to  make  pay- 
jrient  of  the  purchase  price  thereof  to  the  producers  thereof,  or  to  the 
person  or  persons  legally  entitled  to  said  payment.    Id. 

1751.  Notice  to  owners  of  purchase  of  output  who  are  to  cease  ship- 
ments and  sales  on  their  own  account  thereafter. — ^Within  fifteen 
days  after  notice  from  the  agency  so  designated  to  any  producer  of 

*  See  paragraphs  278  and  277,  ante,  or  35  Stat.  1093,  1136. 


510  MILITAEY   LAWS   OF    THE   UNITED   STATES,   1915. 

coal  and  coke  that  his,  or  its,  output  is  to  be  so  purchased  by  the 
United  States  as  hereinbefore  described,  such  producer  shall  cease 
shipments  of  said  product  upon  his  own  account  and  shall  transmit 
to  such  agency  all  orders  received  and  unfilled  or  partiall}^  umiiled, 
showing  the  exact  extent  to  which  shipments  have  been  made  thereon, 
and  thereafter  all  shipments  shall  be  made  only  on  authority  of  the 
agency  designated  by  the  President,  and  thereafter  no  such  pro- 
ducer shall  .'sell  any  of  said  products  except  to  the  United  States 
through  such  agency,  and  the  said  agency  alone  is  hereb}^  authorized 
and  empowered  to  purchase  during  the  continuance  of  the  require- 
ment the  output  of  such  producers.    Id.,  285. 

1752.  Payment  for  coal  and  coke  purchased  hy  Government,  deter- 
mination of  value. — The  prices  to  be  paid  for  such  products  so  pur- 
chased shall  be  based  upon  a  fair  and  just  profit  over  and  above  the 
cost  of  production,  including  proper  maintenance  and  depletion 
charges,  the  reasonableness  of  such  profits  and  cost  of  production  to 
be  determined  by  the  Federal  Trade  Coaiimission,  and  if  the  prices 
fixed  by  the  said  commission  of  any  such  product  purchased  by  the 
United  States  as  hereinbefore  described  be  unsatisfactory  to  the 
person  or  persons  entitled  to  the  same,  such  person  or  persons  shall 
be  paid  seventy-five  per  centum  of  the  amount  so  determined,  and 
shall  be  entitled  to  sue  the  United  States  to  recover  sucli  further 
sum  as,  added  to  said  seventy-five  per  centum,  will  make  up  such 
anjount  as  will  be  just, compensation  in  the  manner  provided  by 
section  twenty-four,  paragraph  twenty,  and  section  one  hundred  and 
forty-five  of  the  Judicial  Code.^    Id. 

1753.  Prices  for  sale  of  coal  and  coke  purchased  hy  Government. — 
AJl  such  products  so  sold  to  the  United  States  shall  be  sold  by  the 
United  States  at  such  uniform  prices,  quality  considered,  as  may  be 
practicable  and  as  may  be  determined  by  said  agency  to  be  just  and 
fair.    Id. 

1754.  Disposition  of  moneys  received  from  sales. — Any  moneys 
received  by  the  United  States  for  the  sale  of  any  such  coal  and  coke 
may,  in  the  discretion  of  the  President,  be  used  as  a  revolving  fund 
for  further  carrying  out  the  purposes  of  this  section.  Any  moneys 
not  so  used  shall  be  covered  into  the  Treasury  as  miscellaneous  re- 
ceipts.   Id. 

1755.  Federal  Trade  Commission  to  inquire  into  cost  of  production 
of  coal  mid  coke. — ^When  directed  by  the  President,  the  Federal  Trade 
Commission  is  hereby  required  to  proceed  to  make  full  inquiry,  giving 
such  notice  as  it  may  deem  practicable,  into  the  cost  of  producing 
under  reasonably  efficient  management  at  the  various  places  of  pro- 
duction the  following  commodities,  to  wit,  coal  and  coke.     Id. 

*  See  paragi-aptis  278  and  277,  ante,  or  35  Stat.  1090,  1136. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  511 

1756.  Same — Boohs^  'papers^  etc.,  of  mine  operators,  etc.,  to  he 
produGed,  and  data  and  information  to  he  furnished. — The  books, 
correspondence,  records,  and  papers  in  any  way  referring  to  transac- 
tiojis  of  any  kind  relating  to  the  mining,  production,  sale,  or  distri- 
bution of  all  mine  operators  or  other  persons  whose  coal  and  coke 
have  or  may  become  subject  to  this  section,  and  the  books,  corre- 
spondence, records,  and  papers  of  any  person  appljdng  for  the  pur- 
chase of  coal  and  coke  from  the  United  States  shall  at  all  times 
be  subject  to  inspection  by  the  said  agency,  and  such  person  or 
persons  shall  promptly  furnish  said  agenc}^  any  data  or  information 
relating  to  the  business  of  such  person  or  persons  which  said  agency 
may  call  for,  and  said  agency  is  hereby  authorized  to  procure  the 
information  in  reference  to  the  business  of  such  coal-mine  operators 
and  producers  of  coke  and  customers  therefor  in  the  manner  provided 
for  in  sections  six  and  nine^  of  the  Act  of  Congress  approved  Sep- 
tember twenty-sixth,  nineteen  hundred  and  fourteen,  entitled  "An 
Act  to  create  a  Federal  Trade  Commission,  to  define  its  powers  and 
duties,  and  for  other  purposes,"  and  said  agency  is  hereby  authorized 
and  empowered  to  exercise  all  the  powers  granted  to  the  Federal 
Trade  Commission  by  said  Act  for  the  carrying  out  of  the  purposes 
of  this  section.    Id. 

1757.  Sa7ne — Fixing  and  publishing  maximum  prices  for  producers 
and  dealers. — Having  completed  its  inquiry  respecting  any  commod 
ity  in  any  locality,  it  shall,  if  the  President  has  decided  to  fix  the  prices 
at  which  any  such  commodity  shall  be  sold  by  producers  and  dealers 
generally,  fix  and  publish  maximum  prices  for  both  producers  of  and 
dealers  in  any  such  commodity,  which  maximum  prices  shall  be  ob^ 
served  by  all  producers  and  dealers  until  further  action  thereon  is 
taken  by  the  commission.    Id.,  286. 

1758.  Same — Determining  maximum  price  for  producers. — In  fix- 
ing maximum  prices  for  producers  the  commission  shall  allow  the  cost 
of  production,  including  the  expense  of  operation,  maintenance,  de- 
preciation, and  depletion,  and  shall  add  thereto  a  just  and  reasonable 
profit.    Id. 

1759.  Sanrie — Determining  m^ixirrvam  price  for  dealers. — In  fixing 
such  prices  for  dealers,  the  commission  shall  allow  the  cost  to  the 
dealer  and  shall  add  thereto  a  just  and  reasonable  sum  for  his  profit 
in  the  transaction.     Id, 

1760.  &(mie — Prior  contracts  made  in  good  faith  not  to  he  affected.— 
The  maximum  prices  so  fixed  and  published  shall  not  be  construed 
as  invalidating  any  contract  in  which  prices  are  fixed,  made  in  good 
faith,  prior  to  the  establishment  and  publication  of  maximum  prices 
by  the  commission.     Id. 

*  See  38  Stat,  721,  722. 


512  MILITARY   LAWS   OF   THE   UNITED   STATES^  1915. 

1761.  Violation  of  sections^  punishment. — Whoever  shall,  Avith 
knowledge  that  the  prices  of  any  such  commodity  have  been  fixed 
as  herein  provided,  ask,  demand,  or  receive  a  higher  price,  or 
whoever  shall,  with  knowledge  that  the  reguLations  have  been  pre- 
scribed as  herein  provided,  violate  or  refuse  to  conform  to  any  of  the 
same,  shall,  upon  conviction,  be  punished  b}^  fine  of  not  more  than 
$5,000,  or  by  imprisonment  for  not  more  than  two  years,  or  both. 
Each  independent  transaction  shall  constitute  a  separate  offense.     Id, 

1762.  Right  of  United  States  or  other  Governments  at  vxir  'with 
Germany  to  purchase^  etc.^  coal  and  coke  at  prices  to  he  agreed  upon 
not  affected. — Nothing  in  this  section  shall  be  construed  as  restrict- 
ing or  modifying  in  any  manner  the  right  the  Government  of  the 
United  States  may  have  in  its  own  behalf  or  in  behalf  of  any  other 
Government  at  war  with  Germany  to  purchase,  requisition,  or  take 
over  any  such  commodities  for  the  equipment,  maintenance,  or  sup- 
port of  armed  forces  at  any  price  or  upon  any  terms  that  may  be 
agreed  upon  or  otherwise  lawfully  determined.     Id. 

1763.  Storing^  holding^  destroying^  etc.^  food.,  fuel.,  etc.,  to  limit 
supply^  etc.,  punishment. — Any  person  carrying  on  or  employed  in 
commerce  among  the  several  States,  or  with  foreign  nations,  or  with 
or  in  the  Territories  or  other  possessions  of  the  United  States  in  any 
article  suitable  for  human  food,  fuel,  or  other  necessaries  of  life, 
who,  either  in  his  individual  capacity  or  as  an  officer,  agent,  or 
employee  of  a  corporation  or  member  of  a  partnership  carrying  on 
or  employed  in  such  trade,  shall  store,  acquire,  or  hold,  or  Avho  shall 
destroy  or  make  away  with  any  such  article  for  the  purpose  of  limit- 
ing the  supply  thereof  to  the  public  or  affecting  the  market  price 
thereof  in  such  commerce,  whether  temporarily  or  otherwise,  shall 
be  deemed  guilty  of  a  felony  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  more  than  $5,000  or  by  imprisonment  for 
not  more  than  two  years,  or  both.     Sec  2G,  id. 

1764.  Same — Persons  excepted. — Anj^  storing  or  holding  by  any 
farmer,  gardner,  or  other  person  of  the  products  of  any  farm, 
garden,  or  other  land  cultivated  by  him  shall  not  be  deemed  to  be 
a  storing  or  holding  within  the  meaning  of  this  Act:  Provided 
further,  That  farmers  and  fruit  growers,  cooperative  and  other 
exchanges,  or  societies  of  a  similar  character  shall  not  be  included 
within  the  provisions  of  this  section.     Id. 

1765.  Same — Holdings  or  accumulations  excepted. — This  section 
shall  not  be  construed  to  prohibit  the  holding  or  accumulating  of 
any  such  article  by  any  such  person  in  a  quantity  not  in  excess  of 
the  reasonable  requirements  of  his  business  for  a  reasonable  time  or 
in  a  quantity  reasonably  required  to  furnish  said  articles  produced 
in  surplus  quantities  seasonally  throughout  the  period  of  scant  or 
no  production.    Id, 


1766.  Unlawful  restraints  and  monopolies  act  not  I'epedled. — Noth- 
ing contained  in  this  section  shall  be  construed  to  repeal  the  Act 
entitled  "An  Act  to  protect  trade  and  commerce  against  unlawful 
restraints  and  monopolies,"  approved  July  second,  eighteen  hundred 
and  ninet}^  commonly  known  as  the  Sherman  Antitrust  Act.^     Id. 

1767.  Acquisition  hy  United  States  of  stocks  of  nitrate  of  soda  for 
increasing  agHcultural  production^  and  sale  thereof. — The  President 
is  authorized  to  procure,  or  aid  in  procuring,  such  stocks  of  nitriite 
of  soda  as  he  may  determine  to  be  necessary,  and  find  available,  for 
increasing  agricultural  production  during  the  calendar  years  nine- 
teen hundred  and  seventeen  and  eighteen,  and  to  dispose  of  the  same 
for  cash  at  cost,  including  all  expenses  connected  therewith.  Sec, 
27,  id.,  mi.  - 

1768.  Same — Appropriation  for,  regulation  and  agencies  as  to. — - 
For  carrying  out  the  purposes  of  this  section,  there  is  hereby  appro- 
priated, out  of  any  mone3's  in  the  Treasury  not  otherwise  appro- 
priated, available  immediately  and  until  expended,  the  sum  of 
$10,000,000,  or  so  much  thereof  as  may  be  necessary,  and  the  Presi- 
dent is  authorized  to  make  such  regulations,  and  to  use  such  means 
and  agencies  of  the  Government,  as,  in  his  discretion,  he  may  deem 
best.     Id. 

1769.  Same — Disposition  of  moneys  received  from  sales. — The  pro- 
ceeds arising  from  the  disposition  of  the  nitrate  of  soda  shall  go  into 
the  Treasury  as  miscellaneous  receipts.     Id, 

"■  See  26  Stat.  209. 
54208°— 18 33 


TABLE  OF  STATUTES  AT  LARGE  AND  OF  THE  REVISED  STATUTES 
CITED  HEREIN,  WITH  THE  PARAGRAPHS  NOTED  IN  WHICH  THE 
CITATIONS  OCCUR. 


STATUTES    AT    LARGE. 


Par. 

1863,  Mar.  3.  sec.  6  (12  Stat,  751 )_  1013 

ISGO,  June  27,  ^ec.  1   (14  Stat,  74)  _  307 
1S72,  May  28,  sec  1  (17  Stat..  164), 
as    amended    by    act    of    Mar.    3, 

1879   (20  Stat.,  353) 783 

1874,  Feb.  4   (18  Stat,  14) 127 

1874,  Mar.  4   (18  Stat,  19) 145 

1874,  Mar.  5,  sec.  15   (18  Stat,  19- 
20),  amending  sees.  391  and  392, 

Revised  Statutes 249,  250 

1874,  Mar.  7  (IS  Stat,  20) 128 

1874,  Apr.  20  : 

(18  Stat,  33) 412,461 

Sec.  2   (18  Stat.,  33) 413,402 

1874,  May  21    (IS  Stat,  48) 475 

1874,  June  6   (IS  Stat.,  60) 472,1116 

1874,  June  20  : 

(IS  Stat,  101) 161 

(18  Stat,  96,  109,  111),  amend- 
ing sec.  3669,  Revised  Stat- 
utes   86 

Sec.  2    (18  Stat,  113) 308,310 

Sec.  3  (18  Stat,  113) 311 

Sec.  5   (18  Stat,  110) 192 

1874,  June  22  (IS  Stat,  144) IIS 

1874,  June  23  : 

(18  Stat,  282) 857c 

Sec.  1  (18  Stat.,  244) 4.59f 

Sec.  5  (IS  Stat,  245) 810 

1874,  Dec.  28   (18  Stat,  293) 312 

1S75,  Mar.  1   (18  Stat,  337) 324 

1875,  Mar.  3  : 

(18    Stat,    360-361),   amending 

sec.  169,  Revised  Statutes 25 

(18   Stat,   355,   370),   amending 

sec.  3669,  Revised  Statutes.-  86 
(18   Stat.    370),   amending   sec. 

3060,  Revised  Statutes 93 

(18   Stat,   481) 230 

(18  Stat.,  410) 607 

(18  Stat,  388) 838 

(18  Stat.,  455) SG5 

(18  Stat..  466) 1108a 

(18  Stat,  467) 112S 

(18  Stat.  395) 1193 

Sec.  2   (18  Stat,  455) 1234 

Sec.  2    (18  Stat,  512) 9S5 

Sec.  4  (18  Stat.,  399) SCO 


Tar. 


1876,  Mar  23  (19  Stat,  8),  as 
amended  by  act  of  Mar.  3,  1891 
(26    Stat,   1103) 782 

1870,  June  30,  sec.  5  (19  Stat,  64) _       414 

1876,  July  24   (19, Stat.,  99) 1302 

1876,  July  29   (19  Stat.,  102) 602 

1876,  July  31   (19  Stat,  105) 1203 

1876,  Aug.  7   (19  Stat.,  126) 1136 

1876,  Aug.  12  (19  Stat,  131),  amend- 
ing sec.  1276,  Revised  Statutes___       606 

187G,  Aug.  15  : 

(19  Stat.,  169) 41 

(19    Stat.,    169),   amending  sec. 

163,   Revised  Statutes .43 

(19  Stat,  200),  amending  sec 
3669,  Revised  Statutes 86 

Sec  1  (19  Stat,  203),  amend- 
ing sec.  4787,  Revised  Stat- 
utes         7S2 

Sec  5  (19  Stat,  169) 27 

1877,  Feb.  25  (19  Stat,  242),  amend- 
ing sec.  1132,  Revised  Statutes 146 

1877,  Feb.  27  : 

(19    Stat.,    249)    amending   sec. 

3663,  Revised  Statutes 97 

(19    Stat,   249),   amending   sqc. 

3672,  Revised  Statutes 100 

(19    Stat.,    241),   amending  sec. 

197,  Revised  Statutes 109 

(19    Stat.,    241),   amending  sec 

215,   Revised   Statutes 144 

(19    Stat,    242)    amending   sec 

1139,  Revised  Statutes 1259^ 

(19   Stat.    249),   amending  sec 

3622,  Revised  Statutes 415 

(19    Stat.,   242),   amending  sec. 

1167,  Revised  Statutes 835 

(19    Stat,   243),   amending  sec 

1224,  Revised  Statutes 996 

(19   Stat,   252),   amending   .sec 

4787,  Revised  Statutes 782 

1877,  Feb.  28   (19  Stat,  264) 1487 

1877,  Mar.  2,  sec  4  (19  Stat,  269), 
as  amended  by  act  of  Mar.  9,  1878 

(20  Stat.,  27) 31S 

1877,  Mar.  3  : 

(19  Stat.,  306) SO 

515 


516 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


1877,  Mar.  3— Continued.  Par. 

(19  Stat.,  370) 110 

Sec.  5  (19  Stat.,  335) 252 

Sec.  6  (19  Stat,  33G) 254 

1S78,  Mar.  9   (20  Stat,  27),  amend- 
ing  sec.    4,   act    of   Mar.    2,    1877 

(IflTStat.,  2C9) 318 

1878,  Mar.  16  (20  Stat,  30)  _______  1253a 

1878,  Apr.  10   (20  Stat,  36) 1206 

1878,    June    14,    sec.    4     (20    Stat., 

130) 2151),  215c 

1878,  June  18  : 

Sec.  2  (20  Stat,  149) 326 

Sec.  7  (20  Stat,  150) ^__-  655 

Sec.  8  (20  Stat,  150) 554 

Sec.  15  (20  Stat,  152) 1480 

1878,  June  30  (20  Stat.,  216) 1202 

1879,  Feb.  3   (20  Stat,  281 1306,1307 

1879,  Mar.  3: 

(20  Stat,  389,  412) 487,847 

(20  Stat,  353),  amending  sec. 
1,   act   of  May   28,   1872    (17 

Stat,  164) : 783 

Sec.  9  (20  Stat,  358) 251 

1879,  June  23  : 

(21  Stat.,  31) 670 

(21  Stat,  35) 942a 

Sec.  4  (21  Stat.,  34),  amend- 
ing sec.  1336,  Revised  Stat- 
utes   1125 

Sec.  8   (21  Stat,  35) 364 

1S"80,  May  4   (21  Stat,  113) 949 

1880,  May  11,  sec.  4  (21  Stat,  132).  1413 

1880,  June  1  (21  Stat,  153) 1116 

1881,  Jan.  21  (21  Stat,  317) 1204 

1881,   Jan.    31  : 

Sec.  2  (21  Stat,  604) 1011 

Sec.  3  (21  Stat,  604) 1012 

1881,  Feb.  24   (23  Stat.,  346) 656 

1881,  Feb.  24   (23  Stat,  347) 557 

1881,  Mar.  3   (21  Stat.,  468) 837 

1882,  June  30: 

(22    Stat.,   118),  amending   sec. 

1190,  Revised  Statutes 629 

(22  Stat,  122,  118,  118,  123)  __  809, 
964,  998,  1136a 

Sec.  3  (22  Stat,  122) 723 

1882,  July  31  (22  Stat.,  181) :  942b 

1SS2,  Aug.  5: 

(22   Stat,  241,  299) 120,854a 

Sec.  4  (22  Stat,  255) 28,29 

1882,  Aug.  7   (22  Stat.,  345) 1496 

1883,  Jan.  16,  sec.  7  (22  Stat.,  406) _  160 
1883,  Mar.  3  : 

(22    Stat,    552,    553,    456,    625, 

616,  457,  457,  488,  627,  453) _  99, 
154,  675,  863,  898,  965, 
1004,    1207,   1300,    1488 

Sec.  1  (22  Stat,  564) 1504 

Sec.  2  (22  Stat,  563) 126 

Sec.  3  (22  Stat,  564) 1512 

Sec.  4  (22  Stat,  564) 1520 

Sec.  5  (22  Stat,  505) 1522 

Sec.  6  (22  Stat.,  565) 1518 

Sec.  7  (22  Stat,  565) 1506 

Sec.  8  (22  Stat.,  565) 1510 

Bee.  9  (22  Stat.,  564) 1513 


1883,  Mar.  3 — Continued.  Tar. 
Sec.  10   (22  Stat.,  505),  amend- 
ing  sec.    4815,    Revised    Stat- 
utes       1502 

1884,  May  1   (23  Stat,  17) 1195 

1884,  May  13,  sec.  2   (23  Stat,  22) _  59 

1884,  July  4  (23  Stat.,  94) 1408 

1884,  July  5: 

(23    Stat.,    113,    111,    108,    111, 

112,   150,   110) 410, 

532,  603,  730,  742,  841,  1235 
(23  Stat,  109),  as  amended  by 
acts  of  July  8,  1898  (30 
Stats.,  728),  and  Feb.  2,  1901 

31  Stat,  751) 514 

(23  Stat,  109),  as  amended  by 
act  of  Mar.  2,  1001  (31  Stat, 

907) 538 

(23  Stat,  110),  as  amended  by 
act  of  Mar.  2,  1885  (23  Stat., 

359) 563 

(23   Stat,    110),  amending  sec. 

1287,  Revised  Statutes 562 

Sec.  1    (23  Stat.,  159,  103) _  852,1281 
Sec.  2   (23  Stat.,  113,  159) __  467,851 

Sec.  3  (23  Stat,  158) 255,256 

Sec.  6  (23  Stat.,  104) 1284 

188 i,  July  7,  sec.  2  (23  Stat,  254) _  92,  216 

1885,  Feb.  25,  sec.  5  (23  Stat,  322) _     1318 
1885,  Mar.  2  (23  Stat.,  359),  amend- 
ing act  of  July  5,  1884   (23  Stat., 

110) 563 

1885,  Mar.  3 : 

(23  Stat,  350,  502) 217,808 

(23   Stat,   359),   amending   sec. 

1287,  Revised  Statutes) 562 

1880,  Jan.  19,  sec.  1   (24  Stat,  1)__  5 

1886,  Jan.  19,  sec.  2  (24  Stat.,  1)__  6 
1886,  May  17  (24  Stat.,  50),  amend- 
ing sec.  1213,  Revised   Statutes.-     1154 

1886,    May    20,    sees.    1    and    2    (24 

Stat,  69) 1161 

1886,  Dec.  20  (24  Stat.,  351) 1156 

1887,  Jan.  29   (24  Stat,  372) 1186 

1887,  Feb.  4: 

Sec.  6  (24  Stat,  380),  as 
amended  by  sec.  2,  act  of  June 
29,  1006  (34  Stat.,  587) 525 

1887,  Mar.  1  : 

(24  Sfat.,  435) 756 

Sec.  2  (24  Stat,  435),  as 
amended  by  act  of  Mar.  16, 

1896  (29  Stat,  61) 758 

Sec.  3  (24  Stat.,  435) 764 

Sec.  4  (24  Stat.,  435) 760 

Sec.  5  (24  Stat.,  435) 7CG,  1037 

Sec.  7  (24  Stat.,  435) 7G7 

1888,  May  1  (25  Stat,  112) 117S 

1888,  Aug.  1  : 

Sec.  1  (25  Stat,  357) 127(5 

Sec.  2  (25  Stat.,  357) 1277 

1888,  Aug.  8.: 

(25  Stat,  387) 307 

Sec.  2  (25  Stat,  387) 308 

1888,  Sept  22  (25  Stat,  488,  489).   537, 

870 

1888,  Sept  26  (25  Stat,  491) 943 


MILITARY  LAWS   OF   THE  UNITED   STATES,  1915, 


517 


Tar. 

ISSS,  Sept.  26  (25  Stat,  402) 951 

1S8S,  Oct.  12  (25  Stat,  552) 894,901 

1S8S,    Oct    12    (25    Stat,    552),    as 
amended  by  act  of  Apr.  27,  1914 

(as  Stat,  353) 901a 

1S80,  Feb.  8  (25  Stat  657) 160 

1889,  Feb.  16  (25  Stat,  672) 132 

1889,  Mar.  1  : 

Sec.  6  (25  Stat,  773) 1871 

Sec.  7  (25  Stat,  773) 1372 

Sec.  9   (25  Stat,  773) 1373 

Sec.  49  (25  Stat.,  779) 1331a 

1889,  Mar.   2: 

(25  Stat,  831) 578 

Sec.  1  (25  Stat,  869),  as 
amended    by    act    of    May    9, 

1892   (27  Stat,  27) 443 

Sec.  2  (25  Stat,  869),  as 
amended    by    act    of   Mar.    2, 

1891  (26  Stat,  824) 444 

Sec.     3     (25     Stat.,     870),     as 

amended    by    act    of    May    9, 

1892  (27    Stat,    27) 445 

Sec.   4    (25  Stat,   870) 446 

Sec.   5    (25   Stat.,  870) 447,448 

Sec.   6    (25   Stat,   870) 449 

Sec.  7    (25   Stat,   870) 450 

Sec.  8   (25  Stat,  870) 451,452 

Sec.  9    (25   Stat,   871) 453 

1890,  Feb.  27: 

Sec.   1    (26  Stat.,  13) 1000 

Sec.   2    (26   Stat.,   13) 1002 

Sec.   3    (26   Stat,  14) 1003 

1890,  Mar.  4   (26  Stat,  16) 1490 

1800,  Mar. '5    (26  Stat,  17) 142 

1890,  Apr.  9: 

Sec.   1    (20   Stat.,   50) 310 

Sec.  3  (26  Stat,  50) 320 

1890,  .June  13   (26  Stat,  152,  156) _    1237, 

1358a 
1890,  .Tunc  16: 

Sec.   3    (26   Stat.,   1.5§) 1056 

Sec.  4    (26  Stat.,  158) 1043 

1890,  June  20    (26   Stat,  167) 1168 

1890,  July  11,  sec.  2  (26  Stat,  268) _        103 
1890,  Aug.   18    (26   Stat,   316)_-_   802,804 

1890,  Aug.  29   (26  Stat,  371) 57,58 

1890,  Aug.  30   (26  Stat.,  411) 107 

1S90,  Sept  19: 

Sec.  2  (26  Stat.,  452) 1210 

Sec.  15  (26  Stat,  456) 675a 

1890,  Sept  30   (26  Stat,  504) __  713,1039 
1890,  Oct.  1: 

Sec.  7  (26  Stat.,  654)  amend- 
ing sec.  1207,  Revised  Stat- 
utes         386 

Sec.  1    (20   Stat,  562) 927 

Sec.  2   (26  Stat,  653,  562) 893, 

896,  926,  935 

Sec.  3    (26  Stat,  562) 930,931 

Sec.  7    (26  Stat.,  653) 88t 

Sec.  9  (26  Stat,  646),  amend- 
ing sec.  237,  Revised  Statutes.       195 


Par. 

1891,  Jan.  16  (26  Stat,  718) 1511 

1891,  Jan.  19  : 

Sec.  4  (26  Stat,  721) 1240 

(26    Stat,   722),  amending  sec. 

1346,  Revised  Statutes 473 

(26    Stat,   722),  amending  sec. 

1348,  Revised  Statutes 479 

1891,  Feb.  6  (26  Stat,  733),  amend- 
ing sec,  180,  Revised  Statutes.         10 
1891,  Feb.  9,  sec.  2  (26  Stat,  737)—       719 
1891,  Feb.   16: 

(26   Stat,   763),   amending  sec. 

1258,  Revised  Statutes 966 

(26    Stat,   763) 96T 

1891,   Feb.   24    (26    Stat,   773,    769, 

709,  709) 460,  827,  873,  1239 

1891,  Feb.  28   (26  Stat.,  797) 1523 

1891,  Mar.  2  (26  Stat,  824),  amend- 
ing sec.  2,  act  of  Mar.  2,  1889 
(25    Stat,   869) 444 

1891,  Mar.  3: 

(26  Stat,  1103),  amending  sec. 

4787,  Revised  Statutes !__       782 

(20  Stat.,  872,  1082) 1493 

1892,  Mar.  29  (27  Stat,  12),  amend- 
ing sec.  1216,  Revised  Statutes 1018 

1892,  May  9  : 

(27    Stat,    27) 432,433 

(27  Stat,  27),  amending  sec.  1, 
act  of  Mar.  2,  1889  (25  Stat., 

869)__ 443 

(27  Stat,  27),  amending  sec.  3. 
act  of  Mar.  2,  1889  (25  Stat, 

870) 445 

1892,  May  10,  sec.  4  (27  Stat,  28) __   534 

1892,  .July  13  (27  Stat.,  120) 705,  940 

1892,  July  14  (27  Stat,  149) 1491 

1892,  July  16: 

(27   Stat,   178),   amending   sec. 

1308,  Revised  Statutes 575 

(27    Stat,    178,    178,    177,    178. 

193) 518,  597,  694,  1294.  1509 

1892,  July  23: 

(27    Stat.,    260) 877 

(27   Stat,   260),   amending   sec. 

2139,  Revised  Statutes 1403 

Sec.  6    (27  Stat,  263) 1180 

1892,  July  27: 

Sec.   1    (27   Stat,  276) 932 

Sec.  3   (27   Stat.,  277) 741 

Sec.  3    (27  Stat,  278) 1033 

Sec.  4    (27   Stat.,   278) 473 

1892,  July  27  (27  Stat,  321) 1279 

1892,  July  30: 

(27    Stat,    336) 920 

Sec.   2    (27   Stat,   336) 521 

Sec.  3    (27   Stat,  336) 922, 9J3 

Sec.   4    (27  Stat,   336) 924 

1892,  Aug.  1  : 

Sec.   1    (27  Stat,  340) 1219 

Sec.  2   (27  Stat,  340) 1-220 

Sec.   3    (27   Stat.,   340) 1221 

1893,  Feb.  18  (27  Stat,  461) 874 


618 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


1893,  Feb.  27:  Par. 

(27    Stat,    484,    484,    480,    479, 

480,  480,  484,  484) 54G, 

550,  552,  627,  672,  673,  762, 1291 

Sees.  3  and  4  (27  StaU  478) ___       322 

1893,  Mar.  1   (27  Stat.,  515,  520)  __    1117, 

1178 
1893,  Mar.  3: 

(27  Stat,  653) 403 

Sec.  3    (27  Stat,  715) 122 

Sec.  4   (27   Stat.,  715) 123 

1893,  Nov.  3  (28  Stat,  7) 944 

1894,  Mar.  29: 

(28    Stat.,    47),    amending    sec. 

1221,  Kevised  Statutes 573 

Sec.  1   (28  Stat,  47) 1250 

Sec.  2    (28  Stat.,   47) 1257 

Sec.  3    (28  Stat,  47) 1258 

Sees.  4  and  5  (28  Stat,  47)—     1259 

1894,  June  28  (28  Stat,  96) 56 

1894,  July  26  (28  Stat,  124,^51)—    1005, 

1130 
1894,   July  31: 

(28  Stat.,  209),   amending  sec. 

3622,    Revised    Statutes 415 

(28   Stat.,  210),  amending  sec. 

3743,   Hevised    Statutes 1216 

Sec.  2    (28  Stat,  205) 169,990 

&ec.  4  (28  Stat.,  205|,  amend- 
ing sec.  3624,  Hevlsetl  Stat- 
utes        203 

Sec.  5   (28  Stat,  206) 200 

Sec.  6   (28  Stat,  206) 201 

Sec.  7  (28  Stat,  200),  amend- 
ing sec.  278,  Revised  Stat- 
utes     205,  213 

Sec.  8    (28  Stat,  206) __  202,208,209, 

210 
Sec.  11    (28  Stat.  200),  amend- 
ing  sec.    305,    Revised    Stat- 
utes     179,  237 

Sec.  12  (28  Stat.,  209),  as 
amended    by   act    of   Mar.    2, 

1901    (31   Stat,  910) 196 

Sec.    17     (28    Stat,    210),    as 
amended    by    sec.    10,    act    of 
Mar.  2,  1895  (28  Stat,  809) _        246 
Amending     sec.     886,     Revised 

Statutes 247 

Sec.  22    (28  Stat,  210) 197 

Sec.  23   (28  Stat.,  211) 211 

1«94,  Aug.  1: 

(28   Stat,  215) " 876 

Sec.  2  <28  Stat,  216),  as 
amended  by  sec.  4,  act  of 
Mar.     2,     1899      (30     Stat., 

978) 1029,1030 

1894,    Aug.    6    (28    Stat,    237,    237, 

236,    235) 677,688,727,950 

1894,  Aug.  13: 

(28  Stat.,  278),  as  amended 
by  act  of  Feb.  24,   1905   <33 

Stat,    812) 1217 

(28   Stat,   279) 3S9 

Sec.   2    (28  Stat.,  279) 390 

1894,   Aug.   18    (28    Stat.,   403,   412, 

406) 440,  4G3i,  1352 


1895,  Jan.  12  :  Par. 
Sec.  73    (28  Stat,  61S,  615)-  111.321 

Sec.  87   (28  Stat.,  632) 112a 

Sec.  87  (28  Stat.,  622),  as 
amended   by  act   of  May   12, 

1917    (40   Stat.,   74) 112b 

Sec.  96    (2S   Stat.,  624) 254a 

See.  98    (2S  Stat,  624) 125,1173 

1895,  Jan.  16  (28  Stat,  630) 1116a 

1895,  Feb.  12  (28  Stat,  658) 589 

1895,  Mar.  2  : 

(28  Stat,  933,  814) 133,454 

Sec.  5   (28  Stat,  807,  808) 394, 

395,  396 
Sec.  6    (28  Stat,   808),  amend- 
ing  sec.   3711,   Revised    Stat- 
utes   1242 

Sec.  7    (28  Stat.,   808) 102 

Sec.  10  (28  Stat,  809),  amend- 
ing sec.    17,   act   of  July   31, 

1894    (28   Stat.,   210) 246 

Sec.  10  (28  Stat,  809),  amend- 
ing sec.  880,  Revised  Stat- 
utes   247 

1896,  Feb.  18   (29  Stat,  8) 1133 

1896,  Mar.  6  (29  Stat,  49) 1177 

1896,  Mar.  16: 

(29  Stat.,  60,  62^ 707,715 

<29  Stat.,  61),  amending  sec. 
2,   act  of   Mar.   1,    1887    (24 

Stat,    4.35) 758 

1896,  Mar.  28    (29  Stat,  75) 925 

1S96,  May  15  : 

(29   Stat,   120) 1290 

Sec.  2  (29  Stat.,  121) 1297,1298 

1896,   May  22    (29   Stat.,   133  )• 849 

1896,  May  28: 

(29   Stat,   14S) 411 

Sec.  3  (29  Stat,  179).  amend- 
ing see.  166,  Revised  Stat- 
utes   84 

Sec.  4   (29  Stat,  179) 199 

Sec.  5  (29  Stat.,  179),  amend- 
ing sec.  3621,  Revised  Stat- 
utes   400 

1896,  June  3,  sec.  7  (29  Stat,  235)-  799 

1896,  June  8  (29  Stat,  268) 406 

1897,  Jan.   26    (29   Stat.,  497) 45« 

1897,  Jan.  30   (29  Stat.,  506) 1404 

1897,  Feb.  4    (29   Stat,  511) 1008 

1897,  Feb.  19  (29  Stat,  550) 124 

1897.  Feb.  24: 

Sec.  1    (29  Stat,   593) 455 

Sec.  2    (29   Stat,  593) 450 

Sec.  3  (29  Stat,  593) 457 

1897,  June  4  (30  Stat.,  48) 98 

1897,  June  7   (30  Stat,  86) 84 

1898,  Mar.  15  :  ^ 

(30  Stat,  323,  326) 539,828 

Sec.  3   (30  Stat,  316) 78 

Sec.  5   (30  Stat,  316) 212 

Sec.  6  (30  Stat,  316),  amend- 
ing sec.  3711,  ^Revised  Stat- 
utes   1242 

Sec.  7   (30  Stat,  316,  317) 48, 

49,  50,  108 


MILITARY  LAWS   OF   THE   UNITED  STATES,   1915. 


519 


1898,  Apr.  22  :  Pa- 

Sec.  1    (30  Stat..  361) 327 

Sec.  2    (30  Stat.,  361) 328 

Sec.  3    (30   Stat.,   361) 330 

Sec.  8   (30  Stat.,  362) 439 

Sec.  9    (30   Stat.,  362) 357 

J5ec.  10  (30  Stat.,  362)  __  358,359,360 
Sec.  12   (30  Stat,   363) 636 

1898,  Apr.  26  : 

Sec.  2    (30  Stat.,   364) 928 

Sec.  3   (30  Stat.,  365) 892 

Sec.  6  (30  Stat,,  365)—  567,705,1054 
Sec.  7   (30  Stat.,  365) 639 

1898,  May  28,  sec.  1  (30  Stat.,  421 )_       361 

1898,  June  6  (30  Stat.,  432),  amend- 
ing sec.  1757,  Revised  Statutes ^  60 

1898,  June  16   (30  Stat.,  473) 1272 

1898,  June  18: 

Sec.  2   (.30  Stat,  484) 1057 

1898,  July  1  (.30  Stat,  644,  573)  _  989,  1397 

1898.    July    7    (30    Stat,    653,    721, 

720,    721) 51,650,816 

1898,  July  8: 

(30     Stat.,     722) 1181 

30  Stat,  728),  amending  act  of 

July  5,  1884   (23  Stat.,  109) _        514 

1899,  Jan.  12: 

Sec.  1  (30  Stat,  784) ___  1383e,  1383f 

Sec.  2    (30   Stat,   784) 1383g, 

1383h,  13831 
1899,  Feb.  24: 

(30  Stat,  864) 121 

Sec.  4    (30  Stat,  890) 52 

1899,  Feb.  25   (30  Stat.,  890) 149a 

1899,   Mar.  2  : 

Sec.  2    (30  Stat.,  977) 1076 

Sec.  4   (30  Stat,  978) 1099 

Sec.  4  (30  Stat,  978),  amend- 
ing   sec.    2,    act    of    Aug.    1, 

1894    (28   Stat,   216) 1029 

Sec.   7    (30  Stat,   979) 906,961 

(30  Stat,  977),  as  amended  by 
act  of  Feb.  2,  1901  (31  Stat., 

748) 512 

Sec.   16    (30   Stat,  981) 711 

Sec.  16  (30  Stat,  981),  as 
amended  by  act  of  Mar.  2, 
•1901  (31  Stat,  896),  and  act 
of  Oct  6,  1917  (40  Stat, 
385) 711a,  712a 

1899,  Mar.  3    (80  Stat,   1073     1074, 
•3S0) 85*0,  1383J,  1499 

1900,  Feb.  9  (31  Stat.,  7),  amending 

sec.  4843,  Revised  Statutes 1525 

iroo,    Apr.    30,    sec.    67     (31    Stat, 

153) 1478 

ICOO,  May  25   (31  Stat,  186) 875 

l^.SX).    May   26    (31    Stat,   211,    211, 

206,  209,  209)-  568,  640,  897,  1040,  1182 

1900,  June  6  : 

(31    Stat.,   658,   637,    624,    671, 

618,671) 182, 

219.  549,  959,  1301,  1374 

Sec.  4  (31  Stat,  656),  amending 

sec.  1315,   Revised  Statutes—     1139 

Sec.  29   (31  Stat,  3.30) 1477 

1901,  Feb.  1  (31  Stat.,  746) 857 


1901,   Feb.   2:  Par. 

(31  Stat.,  748),  amending  act  of 

Mar.  2,  1899   (30  Stat,  977)  _        512 
(31  Stat,  751),  amending  act  of 
July  5,  1884   (23  Stat,  109)-       514 

Sec.  1   (31  Stat,  748) 331 

Sec.   2    (31   Stat,  748) 1071 

Sec.  2  (31  Stat,  748),  as 
amended    by    act    of    Mar.    3, 

1909    (35    Stat,    735)    1074 

Sec.  2  (31  Stat,  748) 1075,1077 

Sec.   3    (31   Stat,  748) 1081 

Sec.   4    (31   Stat,   749) 1082 

Sec.  10   (31  Stat,  750) 1095, 

1097,  1098,  1100 

Sec.    11    (31    Stat.,    750) 790, 

792,  793,  795,  796 
Sec.  11    (31  Stat,  750),  amend- 
ing sec.    1156,    Revised    Stat- 
utes        794 

Sec.  12    (31  Stat,  750)  __  902,912,913 

■Sec.  13    (31   Stat,   751 431 

Sec.  14  (31  Stat,  751) 459 

Sec.  15  (31  Stat,  751)__  465,468,469 

Sec.  16  (31  Stat,  751) 507 

Sec.  17  (31  Stat.,  752),  amend- 
ing sec.  1140,  Revised  Stat- 
utes        580 

Sec.  18   (31  Stat,  752,  753)  ___       738, 
753,  754,  759,  761 

Sec.  19   (31  Stat,  753) 772^,769 

Sec.  20  (31  Stat,  753) 544,1078 

Sec.  21    (31    Stat.,   754) 618 

See.   22    (31   Stat,   754) 791 

Sec.  24   (31  Stat,  754) 879,890 

Sec.   25    (31    Stat.,   754) 433 

Sec.  26  (31  Stat,  755)-  373,  374,  376- 
379,  509-511,  581-583,  616-618, 
811-813,  885,   887,  888,  936,  973 

Sec.   27    (31   Stat,   755) 383 

Sec.  28  (31  Stat,  755,  756) 1101, 

1102,    1103 

Sec.  29    (31   Stat,   756) 332a 

Sec.  30  (31  Stat,  756).  333,  1044,  1105 

Sec.  31   (31  Stat,  756) 704a 

Sec.  32  (31  Stat,  756) 933 

Sec.  34  (31  Stat,  757) 1009 

Sec.  36   (31  Stat.,  757) 332, 

335,  336,  337,  338 

Sec.  37   (31  Stat,  758) 341 

Sec.  38  (31  Stat,  758) 1295 

Sec.  40   (31  Stat.,  758) 593 

Sec.  41   (31  Stat,  758) 1023 

1901,  Feb.   15   (31  Stat,  790) 1282 

1901,  Feb.  26   (31  Stat,  810) 945,952 

1901.  Mar.   1    (31   Stat,  875) 871 

1901,  Mar.  2: 

(31  Stat.,  899,  906,  906,  004, 
902,  901,  901,  903,  902,  902, 
896,   910,   910,   903,   901,   920, 

905) 459,  540, 

569,    611,    663,    671,    676, 

.     683,     684      687,     712,     848, 

872.  1046*  1078,  1176a,  1198 

(31    Stat.,   910),    amending   sec. 

12,  act  of  July  31,   1894    (28 

Stat,  209) 196 


520 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


1001,  Mar   2— Continued.  Par. 
(31  Stat.,  907),  amending  act  of 

July  5,  1884  (23  Stat,  109) _  538 
(31  Stat.,  902),  amended  by  act 

of    June    12,    1906    (34    Stat., 

246) 686 

(31   Stat.,  896),  as  amended  by 

act  of  Oct.  6,  1917   (40  Stat, 

385) 711a,  712a 

(31    Stat.,    914),    amending   sec. 

i:;38,   Revised   Statutes 1131 

<31    Stat,,   911),   amending   sec. 

1319,  Revised  Statutes 1147 

1901.  Mar.  3: 

(31   Stat,  1448),  amending  sec. 

5153,  Revised  Statutes 182 

(31    Stat,    1163) 1 1520 

Sec.  5   (31  Stat,  1009) 87 

1002,  May  31   (32  Stat.,  282) 1279a 

1902.  June  28: 

(32  Stat,  481,  409,  410,  400, 
404) 112,  1126,  1140,  1152,  1292 

(32   Stat.,   409),   amending  sec. 

1339,   Revised  Statutes 115.3 

1002,  June   30    (.32    Stat.,   509,   511, 

516,  512,  508,  509) 380, 

513,  548,  642,  664,  891 

1902,  July  1  : 

(3'2    Stat,    560.    629) 187a,  1047 

Sec.   4    (32   Stat,  729) 780 

Sec.   5    (32   Stat,   713) .__       781 

1903.  .Tan.   21  : 

Sec.  2  (32  Stat.,  775) 132.3,  1324 

Sec.   6    (32    Stat.,   776) 1341 

Sec.   9    (.32   Stat.,   776) 1.342 

Sec.  10  (32  Stat.,  776) 1347 

Sec.  12  (32  Stat.,  776) 1.3.3.-5 

Sec.  14  (32  Stat    777) 1356 

Sec.  17   (.32  Stat*  778) 1.3.-i4 

Sec.  18  (32  Stat,  778) 1331 

Sec.  21   (32  Stat.,  779) 1300 

Sec.  22   (32  Stat,  770) 1348 

Sec.  25   (32  Stat,  780) 1320 

1003,  .Tan.  30: 

Sec.   1    (32   Stat.,  783) 041 

Sec.   2    (32   Stat,   783) 340 

1903,   Feb.   14  : 

Sec.   1    (32   Stat,   830) 365 

Sec.  2    (32   Stat,  831) 368 

Sec.   3   (32   Stat,  831) 366 

Sec.   4    (32   Stat,   831) 3G9 

1903,  Feb.  25  (32  Stat,  885)  amend- 
ing sec.  1167,  Revised  Statutes___       834 
1903,  Feb.  28,  sec.  1  (32  Stat.,  920), 
am.ending  sec.  4708  Revised   Stat- 
utes       l.jOl 

1903,  Mar.  2  (32  Stat,  938,  938,  934, 
,941,  930,  932,  934,  930,  930,  932, 

932,  932,  932,  1012,  944) 150,151, 

349,  o53d,  659,  709,  757,  763,  768, 
880,    881,    886,    957,    1118,    1489 

1004,  Apr.  21  : 

(33   Stat.,   234,  225) 800,946 

Sec.  1   (33  Stat.,  226) 000 

Sec.  2   (33  Stat,  226) 010 

Sec.  3   (33  Stat,  220) 911,953 


1904,  Apr.  23   (.33  Stat,  267) 

1904,    Apr.    23    (33    Stat.,    266,    262, 
261,  208,  266,  266,  273,  26.3,  276, 

264,  204,  274,  264,  275) 

434,  585,  594,  739,  740,  775c, 
846,    958,    969,    1014,    1041, 
1904,  Apr.  27   (33  Stat,  401) 

1904,  Apr.    28    (33    Stat.,    518,    497, 
408,    400) 152,803,1288, 

1004,  Dec.  20   (33  Stat.,  595) 

1905,  Jan.  5  : 

Sec.  6  (33  Stat,  602) 

.Sec.  6  (33  Stat,  602),  as 
amended   by   act   of    Feb.    27, 

1917    (39    Stat,    946) 

1905,  Feb.  3,  sec.  4   (33  Stat.,  687)- 

1905,     Feb.     24      (33     Stat,     812), 

amending  act  of  Aug.  13,  1894  (28 

Stat,  278) 

1905,    Mar.    2    (33    Stat,    832,    840, 
831,   836)    62.3,   845,  974, 

1905,  Mar.  3: 

(33  Stat,  1249,  850,  850) 

1117a, 
(33   Stat.,   853),   amending   sec. 

1111,  Revised  Statutes 

Sec.  1   (33  Stat.,  1213,  986)  _   116, 

Sec.   2    (33   Stat,  987) 

Sec.  4  (33  Stat,  1257),  amend- 
ing sec.  3679,  Revised  Stat- 
utes   

1906,  Feb.  27: 

(34   Stat.,  49,  33) .37, 

Sec.  3  (34  Stat,  48),  amending 
sec.  3679,  Revised  Statutes.- 

1906,  Mar.  15  (.34  Stat,  62) 

1900,  June  7  (34  Stat.,  219) 

1900,  June  8: 

Sec.  2  (34  Stat,  225) 

Sec.  3  (34  Stat,  225) 

Sec.  4  (34  Stat,  225) 

1006,  .Tune  12: 

(34  Stat,  258,  250,  246,  248, 
246,  246,  247,  247,  246,  242, 
248.  246,  2.56,  258,  256,  245, 

258,  249) 417,  555,  570, 

671a,  678,  679,  682,  6S5,  704, 
716,  77.5f,  830,  904,  972,  1200, 
(34  Stat.,  255),  amending  sec. 

3732,  Revised  Statutes 

(34  Stat.,  246).  amending  act  of 
Mar.   2,   1901   (31   Stat, 

902)  

1906,  June  19: 

Sec.  1  (34  Stat.,  299) 

Sec.  4  (34  Stat.,  300) 

1906,  June  22: 

(34  Stat,  401) 

(34  Stat.,  418) 

(34  Stat.,  449),  amending  sec. 

192,  Revised  Statutes 

Sec.  1  (34  Stat.,  449) 

Sec.  2  (34  Stat,  449) 

Sec.  3  (34  Stat,  4.50) 

Sec.  4  (34  Stat,  448,  450)  ___ 

91. 


Par. 

628 


342 

784, 

T.364 

435 

1299 
353a 

104a 


104b 
82 


1217 

1280 

113, 
1132 

1165 
1367 
1303 

188 

1225 

ISS 

1025 

105 

1285 
1286 
1287 


626, 
710, 
1330 

1141^ 


680 

1463 
1464 

12 
303 

7G 
1351 
1353 
1358 
90, 
1359 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


521 


1906,  June   22 — Continued.  ,  Tar, 

Sec.  5  (34  Stat,  449) 36 

Sec.  5  (34  Stat.,  449),  as 
amended  by  sec.  6,  act  of 
Oct.  6,  1917   (40  Stat.,  383)  _       .S6a 

Sec.  6  (34  Stat,  449) 30 

1906,  June  25  (34  Stat.,  456,  455)  _   156,  809 

Sec.  2  (34  Stat.,  455) 814 

1906,  June  26  (34  Stat,  476) 254b 

1906,  June  29,  sec.  2  (34  Stat,  587), 
amending  sec.  6,  ^ct  of  Feb.  2, 

1887  (24  Stat,  379) 525 

1006,  June  29: 

Seo.  1  (34  Stat,  621) ^ 1013b 

Sec.  2  (34  Stat,  621) 1013c 

190G,  June  30  : 

(34  Stat,  817,  750) 954,10.59 

Sec.  2  (34  Stat.,  762) 94 

Sec.  4  (34  Stat,  669) 1226 

Sec.  5  (.34  Stat,  763) 101 

Sec.  6  (34  Stat,  763) 44b 

Sec.  9  (34  Stat,  764) 189 

1907,  Jan.  25  : 

Sec.  1  (34  Stat,  861) 1083 

-  Sec.  2  (34  Stat,  861) 370 

Sec.  3  (34  Stat,  861) 1087 

Sec.  4  (34  Stat,  861) 1093 

Sec.  5  (34  Stat,  861,  862).  1086,  1089 

Sec.  6  (34  Stat,  862) 1088 

Sec.  7  (34  Stat,  862) 1090,1094 

Sec.  8  (34  Stat,  862) 1091 

See.  9  (34  Stat.,  863) 1084 

Sec.  10  (34  Stat.,  863) 1085 

Sec.  11  (34  Stat,  863) 1092 

Sec.  12  (.34  Stat,  864) 003 

1907,  Mar.  2  : 

(34  Stat.,  1162,  1162,  1160, 

1158,  1169,  1170,  1168,  1167, 
1166,  1066,  1166,  1165,  1166, 

1159,  1171,  1169,  1217,  1163, 
1172,  1062,  1159,  1163,  1160, 
1063,  1063,  1167,  1166,  1174)  _   157 

158,  350,  436,  476,  528,  551, 
556,  559,  564,  592,  595,  612, 
647,  665,  668,  714,  755, 
779,  861,  899,  970,  1104, 
1119,  1149,  1169,  1188,  1365 
Sees.  1  and  2  (34  Stat,  1217)  _  1038 
1907,  Mar.  2  (34  Stat,  1175). 831 

1907,  Mar.  4  : 

Sec.  3  (34  Stat.,  1290)  amend- 
ing sec.  5153,  Revised  Stat- 
utes       182a 

1008,  Apr.  19,  sec.  1   (35  Stat,  64)  _     1498 

1908.  Apr.  23: 

Sec.  1  (35  Stat,  66) 728 

Sec.  2  (35  Stat,  66) 729 

See.  3  (35  Stat,  67) 731,  734 

Sec.  4  (35  Stat.,  67) —       732 

Sec.  5  (35  Stat,  67) 735 

Sec.  6   (35  Stat,  68) 737 

Sec.  7  (35  Stat,  68) 733,744,745 

Sec.  8  (35  Stat,  68) 746 

Sec.  9  (35  Stat,  68) 747,748 


1908,  May  11  :  Tar. 

(35    Stat,    114,    108,    110,    114, 

108,   114,   109,   109,   109,   110, 

110,   110,   110,   110,   109,   110, 

125,    125,   109,   109,   108,   108, 

117,  122) .343,  6.37,  643 

645,    654,   681,   695,   697-702, 
706,  708,  722,  829,  951c,  1034. 
1035,   1001,   1153,   1350,   152T 
(35    Stat,    108)    amending   sec. 

1261,  Revised  Statute! 635 

1908,  May  16   (35  Stat,  163) 330 

1908,  May  27  : 

(35    Stat,   373) 1060 

Sec.   1  (35    Stat,  392,  399)  __  344,1322 

Sec.  2  (35  Stat,  39^2,  .399-400_       345, 

1325-1327,  1357 

Sec.  3  (35  Stat,  392,  400) __  346,1339 

Sec.  4  (35  Stat,  392,  400) 347, 

1340, 1344,  1345 
Sec.  5  (35  Stat,  392,  401)-_  348,1346 

Sec.   6    (35  Stat,  401) 1.343 

Sec.  7    (35  Stat.,  401) 1349 

Sec.  8    (35  Stat,  401,  402) 1336, 

1361-1363 

Sec.  9    (35   Stat,  402) 1329 

Sec.  10  (35  Stat,  402) 1334 

Sec.   11    (35   Stat,   403) 1332, 

1337, 1338 
1908,  May  28: 

(35    Stat,    431) 1166 

(35    Stat.,   430),   amending  sec. 

1339,  Revised  Statutes 1153 

(35    Stat,    441) 1143 

Sec.  14   (35  Stat,  443) 839 

1908,  May  30  : 

Sec.    1    (35   Stat,  556) 65 

Sec.  2    (35  Stat,  556) 67 

Sec.  3    (35  Stat,  556) 71 

Sec.  4    (35   Stat.,  556) 6s 

Sec.  5    (35   Stat,  556) 70 

Sec.   6   (35  Stat,  556) 69 

Sec.  7    (35  Stat,  556) 72 

1909,  Feb.  18  : 

Sec.  47   (35  Stat,  634) 1379 

Sec.   50    (35   Stat,   634) 1466 

Sec.   74    (35  Stat,  636) 1321 

1909,  Feb.  23: 

(35    Stat.,   643),'  amending   sec. 
3647,  Revised  Statutes______       245 

(35   Stat.,   643),   amending   sec. 

3646,  Revised  Statutes 243 

1909,  Mar.  3  : 

(35   Stat,   735),   amending  sec. 
2,    act   of    Feb.    2,    1901    (31 

Stat.,    748) 1074 

(35    Stat,    747,    746,    737,    751, 
750,   751,  751,  732,   738,  735, 

730,   733,   745,   750,   751) 523, 

704b,  736,  815,  832,  843,  844,  878, 
947,  955a,  1062,  1099a,  1183,  1366 
1909,  Mar.  4  : 

(35  Stat,  1021,  1003,  1004, 

1028) 115,477,547,1123 


62^ 


MILITABY  LAWS   OF   THE  UNITED   STATES,  1915. 


1909,  Mar.  4— Continued.  Par. 

Sec.  8  (35  Stat.,  1027) 24 

Sec.  9  (35  Stat.,  1027) 408 

Sec.  47   (35  Stat.,  1075) 840 

Criminal  Code — 

Sec.  1    (35  Stat.,  1088)  ___  1415d 

Sec.   2    (.S5  Stat.,   1088)—  1415e 

Sec.   3    (.35   Stat,   1088)—  141.5f 

Sec.  4    (35  Stat.,   1088)—  1415g 

Sec.  5    (35  Stat.,  1088) ___  141.51i 

Sec.  6    (35  Stat,   1089)—  1415i 

See.  7    (35  Stat,  1089)—  1415j 

Sec.  8    (35   Stat,   1089)—  14151t 

Sec.   9    (35   Stat,   1089) _—  1467 

Sec.   10    (35  Stat,   1089)—  1468 
Sec.   10  (35  Stat,  1089),  as 
amended   by   act   of   May 

7,  1917   (40  Stat,  39) __  146Sa, 

1468b 

Sec.   11    (35   Stat,   1090)  __  1469 

Sec.   12    (35  Stat,   1090)—  1470 

Sec.   13    (35   Stat,   1090)—  1471 
Sec.  13  (35  Stat,  1090),  as 
amended  by  Title  V,  sec. 

8,  act  of  June   15,    1917 

(40    Stat,   223) 1471a 

Bee.  14    (35  Stat,  1090)  ___  1472 

Sec.   15    (35   Stat,   1091 )__  1473 
Sec.  15  (35  Stat,  1091),  as 
amended  by  Title  V,  sec. 
10,  act  of  June  15,  1917 

(40   Stat,    223) 1473a 

Sec.  18  (35  Stat,  1091)—  1474 

Sec.    22(35   Stat,  1092)  ___  1457 

Sec.  23  (.35   Stat,   1092)  _..  1458 

Sec.  24(35   Stat.,   1092)  _—  1459 

Sec.  25  (35  Stat,  1093)— _  1400 

Sec.  26  (35  Stat,  1093)—.  1461 

Sec.  28  (35  Stat,  1094) ___  131 

Sec.  35  (35  Stat,  ]095)___  220 

Sec.  36  (35  Stat,  1096)  ___  1264 

Sec.  38  (.35  Stat,  1096) ___  1267 

Sec.  39  (35  Stat,  1096)—-  1251 

Sec.  41  (35  Stat,  1097) _„  1250 
Sec.  41,  as  amended  by  sec. 
3.   act   of   Aug.   10,   1917 

(40  Stat,  276) 1682-1684 

Sec.  42  (35  Stat,  1097)— _  1055 

Sec.  43  (35  Stat.,  1097)— _  859 

Sec.  44  (35  Stat,  1097)—  1315 
Sec.  44  (35  Stat,  1097),  as 
amended  by  act  of  Mar.  4, 

1917    (39   Stat,   1194)—  1315a 
Sec.  44  (35  Stat,  1097),  as 
amended   by  sec.   19,   act 
of     May     22,     1917      (40 

Stat,    89) 131.5b 

Sec.  45  (35  Stat.,  1097) 1317 

Sec.  46  (35  Stat,  1097) 1265 

Sec.  47  (35  Stat,  1097) ___  1263 

Sec.  48  (35  Stat,  1098) 1206 

Sec.  50  (35  Stat,  1098)—.  1311 

Sec.  51  (35  Stat,  1098) ___  1312 

Sec.  56  (S5  Stat,  1099) 1314 


1909,  Mar.  4 — Continued.  Par. 
Criminal  Code — Continued 

Sec.  57(35  Stat,  1099)___  1313 

Sec.  60  (35  Stat,  1099)—  900 

Sec.  85  (35  Stat,  1104)  ___  1252 

Sec.  86  (35  Stat.,  1105) ___  418 

Sec.  87  (35  Stat,  1105)—  410 

Sec.  89  (35  Stat,  llOp)—  420 

Sec.  90  (35  Stat.,  1105)—  421 

Sec.  91  (35  Stat,  1105)-  422 

Sec.  92  (35  ^tat..  1105)  „_  42?. 

Sec.  93   (35  Stat,  1105)—  424 

Sec.  94   (35  Stat,  1106)—  425 

Sec.  95  (35  Stat,  1106)—  426 

Sec.  96  (35  Stat.,  1106)-—  427 

Sec.  97   (35  Stat,  1100)—  428 

Sec.  98  (35  Stat,  1106)—  1192 

Sec.  101   (35  Stat,  1107) __  HO 

Sec.  106  (35  Stat,  1107)—  429 

Sec.  109  (35  Stat,  1107)—  430 

Sec.  112  (35  Stat,  1108)—  1245 

Sec.  113  (35  Stat,  1109)—  1246 

Sec.  114  (35  Stat,  1109)—  1247 

Sec.  115  (35  Stat,  1109)—  1248 

Sec.  116  (35  Stat,  1100)—  1249 

Sec.  117  (35  Stat,  1109)—  1251 

Soc.  118   (35  Stat,  1110)—  172 

Sec.  119  (35  Stat,  1110)—  173 

Sec.  120  (35  Stat,  1110)—  174 

Sec.  121  (35  Stat,  1110) __  175 

Sec.  122  (35  Stat,  1110)—  176 

Sec.  128  (35  Stat,  1111)—  12',) 

Sec.  129  (.35  Stat,  1112)—  130 

Sec.  134  (35  Stat,  1113)—  1253 

Sec.  201  (35  Stat,  1127)—  llO.". 

Sec.  227  (35  Stat,  1134)—  253 
Sec.  272  (35  Stat,  1142)—  1316a 

Sec.  286  (35  Stat,  1144)—  1316 
Sec.  289  (35  Stat,  1145)—  131(5b 

1909,  June  27,  sec.  7  (36  Stat  3)—  106a 

1909,  Aug.   5    (36   Stat,  125) 303 

1910,  Mar.    23    (.36    Stat,    248,    241, 
241,  257,  255,  254,  252,  255,  245, 

249,   261,   244) 1.".'.). 

391,    392,    522,    526,    558,    .'OO. 
561,  703,  771,  826,  1187 
1910,   Apr.   19    (36    Stat.,   324,   324, 

312,  312,  323,  323) 930, 

455a,  1121,  1124,  1141,  1164 

1910,  Apr.  21   (.36  Stat,  329) 13-2S 

1910,  May  27,  sec.  1  (36  Stat,  443)_  137<5 

1910,  June  17,  sec.  4  (36  Stat,  531).  1197 

1910,  June  23,  sec.  3  (36  Stat,  603 )_  1369 

1910,  June  24  (36  Stat,  628) 1228 

1910,  June  25  : 

(36  Stat,  851) 299 

Sec.  1   (36  vStat,  770,  721)__- 33,  547a 

Sec.  6  (36  Stat,  773) 100a 

Sec.  9  (36  Stat,  773) 109a,  1091) 

1911,  Jan.  19  (36  Stat,  894) 993 

1911,  Feb.  13  (36  Stat,  898),  amend- 
ing sec.  183,  Revised  Statutes 64 

1911,    Feb.    27,    sec.    5     (36    Stat., 

957) 785,  7.<=:6 

1911,  Mar.  1  (36  Stat,  693) 1010 


MILITAEY   LAWS  OF   THE   UNITED  STATES,  1915. 


523 


1911,  Mar.  3:  Par, 

(36  Stat,  1037,  1045,  1051, 
1051,  1051,  1051,  1040,  1047, 

1044,  1044,  1044,  1039,  1050, 
1054,  1054,  1054,  1054,  1054, 

1045,  1058,  1057,  1049,  1042, 
1016,  1019,  1045,  1057) 371, 

508,  529,  530,  5:W,  535,  541,  604, 
622,  630,  634,  641,  680,  750, 
751,  752,  777,  778,  918,  929,  955, 
1070,  1079,  1120,  1131a,  1333,  1370 

Sec.  1  (36  Stat.,  1084) 1317^ 

Sec.  2  (36  Stat.,  1085) 1317^ 

Sec.  3  (36  Stat.,  1085) 1317.J 

Judicial  Code — 

Sec.  24,  1WU-.  20  (36  Stat., 

1093) 278 

Sec.  41  (36  Stat.,  1100)  ___  300 
Sec.  45  (36  Stat.,  1100)—  301 
Sec.  46  (.36  Stat.,  1100)  ___  302 
Sec.  47  (36  Stat.,  1100)  ___  303 
Sec.  145  (36  Stat.,  1136)—  277 
Sec.  146  (36  Stat.,  1137)  __  279 
Sec  147  (36  Stat.,  1137)—  280 
Sec.  152  (36  Stat.,  1138)—  298 
Sec.  154  (36  Stat.,  1138)—  281 
Sec.  156  (36  Stat.,  1139)  __  282 
Sec.  159  (.36  Stat.,  1139)—  283 
Sec.  164  (36  Stat.,  1140)—  284 
Sec.  165  (36  Stat.,  1140)—  285 
Sec.  171  (36  Stat.,  1141)  __  286 
Sec.  173  (36  Stat.,  1141 )__  287 
Sec.  175  (36  Stat,  1141)—  288 
Sec.  176  (36  Stat,  1141)—  289 
Sec.  177  (.36  Stat,  1141) __  290 
Sec.  178  (36  Stat,  1141) __  291 
Sec.  179  (36  Stat,,  1141)—  292 
Sec.  180  (36  Stat.,  1141)—  294 
Sec.  181  (36  Stat,  1142)—  295 
Sec.  185  (36  Stat.,  1142)—  293 
Sec.  242  (.36  Stat.,  11.57)—  296 
Sec.  243  (36  Stat.,  1157)—  297 
1911,  Mar.  4  : 

(36  Stat,  1355,  1348,  1344,  1354, 

1288,  1253) 171, 

749,  862,  971,  1229,  1283 

1911,  Dec.  22  (.37  Stat,  49) 218a,  218b 

1912,  Mar.  4  (37  Stat,  72) 772 

1912,  .Tunc  6  (37  Stat,  126) 1231 

1912,  June  14   (37  Stat,  133) 536 

1912,  June  19  : 

Sec.  1  (37  Stat.,  137) 1222 

See.   2    (37   Stat,   138) 1223,1224 

1912,  June  26,  sec.  8  (37  Stat.,  184) _         81 

1912,  July  17  (37  Stat,  193) 864 

1912,  July  25  (^7  Stat,  218) 1227 

1912,  Aug.    9  (37  Stat,  264,  263, 
252,  252,  252,  252,  252,  254,  257, 

260) 1108b,  1115, 

1122,  1137,  1144,  1148, 
1157,' 1171,  1174,  1179 
1912,  Aug.  22  : 

(37  Stat.,  324,  355) 1048,1230 

(37   Stat.,   356),   amending  sec. 
1998,  Revised  Statutes 1052 


1912,  Aug.  23  :  Tar, 

Sec.  4  (37  Stat,  413) 40 

Sec.  5  (37  Stat,  414) 32 

Sec.  6  (37  Stat,  414) 75 

Sec'  7  (37  Stat,  414) 83 

Sec  8  (37  Stat,  414) 85 

1S12,  Aug.  24  : 

(37  Stat,  573,  586,  571,  581, 
579,  575,  575,  576,  574,  576, 
575,  589,   571,  645,  575,   576, 

440,  575,  579,  444,  519) 31, 

162,  384,  542,  608,  631,  632,  644, 
646,  721,  770,  842,  937,  1042,  1045, 
1063,     1060,    1236,    1279b^,    1405 

Sec  2  (37  Stat,  590) 1031 

Sec  3  (37  Stat,  591)—  495-498,  500- 

504 

Sec  4  (37  Stat,  593) 505 

Sec  5  (37  Stat,  594) 367,381 

Sec     6     (37     Stat,     555,     487, 

594) 42,96,657 

Sec  6  (37  Stat,  487),  as 
amended  by  sec.  10,  act  of 
Aug.  1,  1914  (38  Stat,  680)  _       96a 

Sec  7    (37  Stat,  487) 194 

Sec  8    (37  Stat,  487) 65 

1913,  Mar.  2: 

,  (37  Stat,  718,  707,  706,  723, 
708,  706,  713,  715,  717,  714, 
708,   710,   718,   705,   706,  713, 

704,   719,   705,   721) 99b,  372, 

385,  442,  466,  499,  521,  531, 
553,  570,  633,  648,  776,  889, 
938,  1058,  1183-1185,  1364d 

1913,  Mar.  3   (37  Stat,  726) 1232 

1913,  Mar.  4: 

(37  Stat,  765,  764) 818,  895 

Sec  3  (37  Stat,  790) 39' 

Sec  4  (37  Stat,  790) 35 

1913,  May  1  : 

Sec.  3  (38  Stat,  3) 09a 

1913,  June  23  : 

Sec  3  (38  Stat,  75) 87a 

Sec  5  (38  Stat,  75) 125a 

1913,  Dec  23: 

Sec  27  (38  Stat,  274),  amend- 
ing sec  5153,  Revised  Stat- 
utes       182a 

1914,  Apr.    6    (38    Stat,    335,    318, 

318) 81a,  96d,  6S0a 

1914,  Apr.  25: 

Sec  1  (38  Stat,  347) 329,  13S2 

Sec  2   (38  Stat^  347) 1383 

Sec  3  (38  Stat,  347) 1384 

Sec  4  (38  Stat,  347) 1385 

Sec  5  (38  Stat,  348) 13S6 

Sec  6  (38  Stat,  348) 1387 

Sec  7  (38  Stat,  349) 13SS 

Sec  8  (38  Stat,  349> 1389 

Sec  9  (38  Stat,  350) 1390 

Sec  10  (38  Stat,  350) 1391 

Sec  11  (38  Stat.  350) 1302 

Sec  12  (88  Stat,  351) 1393 

Sec  13  (38  Stat,  351) 1304 

Sec  14  (38  Stat,  351) 1395 


524 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


Par. 

1914,  Apr.  27  (38  Stat.,  354,  355 

356,  356,  356,  355,  362,  365,  303, 

361,  361,  353,  366,  359,  369,  369, 

361,  353,  353,  357,  354,  360,  370, 

370,  300) 332g, 

i  362,  375,  382,  501a,  506, 

520,  527,  543,  588,  609, 
666,  669,  689,  801,  808, 
883,  901a,  938J,  954a, 
954b,  1049,  1355,  1367a 
1914,  Apr.  27  (38  Stat,  353), amend- 
ing act  of  Oct.  12,  1888  (25  Stat., 

552) 901a 

1914,  July  6  (38  Stat.,  454) 215a 

1914,  July  6  : 

(38    Stat.,   454),   repealing   sec- 
tion 3480,  Revised  Statutes—     215a 
1914,  July  16: 

Sec.  5    (38  Stat.,  508) 82a 

1914,  July  17  (38  Stat.,  512) __  951a-951b 
1014,  July  18: 

Sec.  1    (38  Stat.,  514) 889a 

Sec.  2  (38  Stat.,  514-515).  889b-889f 
Sec.  3  (38  Stat.,  515-516).  889g-889n 
1914,  Aug.  1: 

(38  Stat.,  629) 1294a 

Sec.  10  (38  Stat.,  680),  amend- 
ing  sec.    6,    act    of    Aug.    24, 

1912  (37  Stat,  487) 90a 

Sec.  12  (38  Stat.,  860) 35a 

Sec.  13  (38  Stat,  680) 90c 

1914,  Aug.  4  (38  Stat,  682),  amend- 
ing Sec.  5153,  Revised  Statutes..     182a 

1915,  Feb.  24   (38  Stat,  812)......     813a 

1915,    Mar.    2    (38    Stat.,    953),    as 

amended  by  act  of  Oct.  0,  1917 

(40  Stat,  368) 1502b 

1915,  Mar.  3: 

(38  Stat.,  889,  889) 825a-825b 

1915,  Mar.  3  (38  Stat.,  930) 889v, 

889w,  889x,  889y,  889z,  889aa 

Sec.  3  (38  Stat,  886) 200a 

1915,  Mar.  4 : 

(38  Stat.,  1077,  1078,  1070, 
■  1070,  1070,  1067,  1067,  1084, 
1074,  1074,  1066,  1066,  1079, 
1072,  1078,  1009,  1069,  1063, 
1078,  1065,  1080,  1080,  1080, 
1212,  1084,  1083,  1064,  1082, 
1068,  1068,  1068,  1068,  1069, 
1084,  1063,  1128,  1136,  1136, 
1137,  1078,  1073,  1071,  1071, 

1072,  1083,  1065,  1083) 217a 

330a,  346a,  346b,  340c, 
362a,  362b,  417a,  475a, 
488b,  506a,  514a,  588a, 
611a,  616a,  668a,  668b, 
673a,  689a,  727a,  775a, 
775g,  776a,  849a,  857a, 
864a,  883a,  955b,  958a, 
958b,  958c,  958d,  958e, 
969a,  10S3a,  1141a,  1158a, 
1178a,  1178b,  1211a,  1236a, 
1364a,  1364b,  1364c,  1364e, 
1364f,  1507a. 


1015,  Mar.  4 — Continued.  Par. 

Sec.  2,  par.  1  (38  Stat,  1084)  _  4755- 
Sec.  2,  par.  2  (38  Stat.,  1084).  475c 
Sec.  2,  par.  3  (38  Stat.,  1085).  477a 
Sec.  2,  par.  4  (38  Stat.,  1085).  480a 
Sec.  2,  par.  5  (38  Stat,  1085).  481a 
Sec.  2,  par.  6  (38  Stat.,  1085).  481b' 
Sec.  2,  par.  7  (38  Stat,  1085)  .  488a 
Sec.  2,  par.  8  (38  Stat,  1086)-  476a 

Sec.  1  (38  Stat,  1190) 927a 

Sec.  2  (38  Stat,  1191) 927b 

Sec.  3  (38  Stat,  1191)  ___  927c-927d 

Sec.  5  (38  Stat,  1191) 927e-927i 

Sec.  6  (38  Stat,  1191) 927| 

Sec.  4  (38  Stat,  1161) 191a 

Sec.  5  (38  Stat,  996) 277a 

Sec.  5  (38  Stat,  1049) 77a 

Sec.  5  (38  Stat,  1161) 75a 

1916,  Feb.  28  (39  Stat,  15) 40b,  40c 

1916,  Mar.  21(39  Stat,  37),  amend- 
ing sec.  3647,  Revised  Statutes 245a 

1916,  Apr.  27: 

Sec.  1  (39  Stat,  53) 1014a 

Sec.  2  (39  Stat.,  54) 1014b 

Sec.  3  (39  Stat.,  54) 1014c, 

1014d,  1014e,  1014f 
Sec.  3   (39   Stat,   53),  as 
amended  by  act  of  June  30, 

1916  (39  Stat,  242) 1014h 

Sec.  4  (39  Stat.,  54) 1014g 

1916,  May  4: 

Sec.  1  (39  Stat.,  62)...  1139a,  1141b^ 

Sec.  2  (39  Stat,  62) 1139b 

Sec.  3  (39  Stat,  62) 1139c 

1916,  May  10: 

(39  Stat,  76,  94,  108) 12a, 

40d,  154a,  154b,  154c,  1236c 

Sec.  5  (39  Stat.,  120) 30a 

Sec.  6  (39  Stat,  120) 109a 

Sec.  0   (39  Stat  129),  as 
amended  by  act  of  Aug.  29, 

1916  (39  Stat,  582) 169b 

1916,  May  18  (39  Stat,  123,  128)  __  954c, 

1413a 
1916,  June  3  : 

Sec.  1  (39  Stat.,  166) 329a 

Sec.  2  (39  Stat.,  100) 381a, 

332d,  332e,  332f 

Sec.  3  (39  Stat,  166) 356a 

Sec.  4  (39  Stat.,  167).  350a,  350b,  350c 

Sec.  5  (39  Stat.,  167-9) 30ea, 

369a,  309b,  305a,  369c, 
370a,  370b,  370c',  3G5b 
Sec.  5  (39  Stat,  109),  as  amend- 
ed by  act  of  May  12,  1917 

(40  Stat,  40) 300b 

Sec.  5  (39  Stat,  107),  as 
amended  by  act  of  May  12, 

1917  (40  Stat,  73) 309ai 

Sec.  6  (39  Stat.,  169) 431a 

Sec.  7  (39  Stat,  109) 459a 

Sec.  8  (39  Stat,  109-170) 4C5a, 

469a,  468a,  409b,  407a, 
467b,  4G7c 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


525 


1916,  June  3 — Conlinuod,  I'ar. 

Sec.  9  (39  Stat.,  170) 495a, 

50Gb,  514b,  515a 

Sec.  10  (39  Stat.,  171-3) 728a, 

729a,  729b,  729o,  732a, 
731a,  728b,  756a,  760a, 
76Ga,  756b,  766b,  766c, 
766(1,  766e,  766f,  766g, 
765a,  765b,  750a,  150b, 
750c,  1279b 

Sec.  11  (39  Stat.,  173-4) 7S4a, 

790a,  790b,  790c,  792a, 
790(1,  790e,  790f,  791a 

Soc.  12  (30  Stat.,  174 809a 

820a,  812a,  813b 

Sec.  13  (39  Stat,  174-6) 879a, 

889o,  889p,  889q,  889r, 
889s,  889t,  889u,  890a,  890b 

Sec.  14  (39  Stat.,  176) •L55a 

Sec.  15  (39  Stat.,  176)—  902a,  902b 
Sec.  15  (39  Stat.,  176),  as 
amended  by  act  of  May  12, 

1917  (40  Stat.,  72) 902c 

Sec.  16  (39  Stat.,  176-7) 728c, 

728d,  728e,  728f,  728g,  728h, 
728i,  728j,  72Sk,  7281,  72Sm, 
72Sn 

Sec.  17  (39  Stat,  177-8) 1095a, 

1095b,  1097a,  109Tb,  1097c, 
1098a,  1097d 

Sec.  18  (39  Stat.,  178-9) 1071a, 

1074a,  1074b,  1074c,  1074d, 

1075a,  1074e 

Sec.  19  (39  Stat,  179-180) ___  1090a, 

1090b,  1090c,  1091a,  1091b, 

1091c,  1091d,  1091e,  1091f, 

1091  g,  1091h 

gee.  20  (39  Stat.,  180) __  1086a,  1086b 

Sec.  21  (39  Stat.,  180-1) ______  .341a, 

348a,  345a,  345b,  343a, 
347a,  346d 

Sec.  22  (39  Stat.,  181) 1106a 

Sec.  23  (39  Stat,  181) 918a 

Sec.  24  (39  Stilt.,  182-3) 331b, 

331c,   331d,   331e,   331f, 
786a,  331g,  931a,  930a, 
930b,  961a,  958f 
Sec.  24  (39  Stat,  182),  as 
amended  by  act  of  May  12, 

1917  (40  Stat,  44) 331dJ 

Sec.  24  (39  Stat,  182),  as 
amended  bj'  act  of  May  12, 

1917  (40  Stat.,  73) 331d^ 

Sec.  24  (39  Stat,  182),  as 
amended  by  act  of  May  12, 

1917  (40  Stat,  47) 809b 

Sec.  25  (39  Stat.,  183-5) 929a, 

929b,  929c,  929d,  929e, 
929f,  9291,  935a 

Sec.  26  (39  Stat,  185) 339a, 

339b,  339c,  339d 

Sec.  27  (39  Stat,  185-6) 1031a, 

1031b,  1031c,  1031d,  1034a, 

1028a,  1032a,  1293a,  1293b 

Sec.  28  (39  Stat,  186-7) __  695a,  702a 

Sec.  29  (39  Stat,  187) 1031e, 

1044a,  1043a 


1916,  June  3— Continued.  Par. 

Sec.  30  (39  Stat,  187) 1031f 

Sec.  31  (39  Stat.,  187-8) 1031g, 

lOSlh,  10311, 

Soc.  32  (39  Stat,  188) 1031j, 

1031k,  10311,  1031ra 

Sec.  33  (.39  Stat,  188) 1031n 

Sec.  34  (39  Stat.,  188) 1031o 

Sec.  35  (39  Stat,  188) 701a 

Sec.  36  (39  Stat,  189) 1332a 

Sec.  37  (39  Stat,  189-190) 1532, 

1533,  1534,  1535,  1536,  1537, 
1538,  1539,  1540,  1541,  1542, 
1543 
Sec.  37  (39  Stat,  189),  as 
amended  by  act  of  May  12, 
1917  (40  Stat,  73)  __  1536a,  1536b 

Sec.  38  (39  Stat,  190-191) 1544, 

1545,  1546,  1547 

Sec.  39  (39  Stat,  191) 1548, 

1549,  1550,  1551,  1552 

Sec.  40  (39  Stat,  191) 1553 

Sec.  41   (39  Stat,  191) 1554,1555 

Sec.  42   (39  Stat.,  191-192) 1556, 

1557 

Sec.  43  (39  Stat,  192) 1558 

Sec.  44  (39  Stat.,  192) 1559 

Sec.  45  (39  Stat,  192) 1560 

Sec.  46  (39  Stat.,  192) 1561 

Sec.   47    (39   Stat.,   192) ^     1562 

Sec.  48  (39  Stat,  193) 1564 

Sec.  49    (39   Stat,   193)___   1565,1560 

Sec.  50  (39  Stat.,  193) 1507 

Sec.    50,    as    amended    by    Joint 
Resolution    of    Sept    8,    1916 

(39    Stat.,    853) 1568 

Sec.  51   (39  Stat,  193) 1509 

Sec.  52   (39  Stat,  194) 1570 

Sec.  53    (39  Stat,   194) 1571, 

1572, 1573 
Sec.  54  (39  Stat,  194-195) _  1574,  1575 
Sec.     54     (39     Stat,     194),    as 
amended    by   act    of    May    12, 

1917   (40  Stat,  70) 1574a 

Sec.  55   (39  Stat,  195-197) 1581, 

1582,  1583,  1584,  1585,  1586, 
1587,  1588,  1589,  1590,  1591, 
1592,  1593,  1594,  1595,  1596, 
1597,  1598,  1599 

Sec.  56  (.39  Stat,  197)  _^ 1563 

Sec.  57  (39  Stat,  197) 1322a 

Sec.  58  (39  Stat,  197) „_  1322b 

Sec.  59  (39  Stat,  197) 1323a 

S(,H\  60  (39  Stat,  197) 132oa 

Sec.  61  (39  Stat.,  198) 1.325b, 

1325c,  1325d 

Sec.  62  (39  Stat,  198) 1325e, 

1325f,  132.5g,  1325h,  1321a 

Sec.  63  (39  Stat,  198) 1327a, 

1327b,  1327c 
Sec.  64  (.39  Stat.,  198-199) ____  13251, 

1325J 

Sec.  65  (39  Stat,  199) __  1325k,  13251 

Sec.  66  (39  Stat,  199)__  1335a,  1335b 

Sec.  67  (39  Stat,  199-200)  ___  1351a, 

1351b,  1351c,  1351d,  1351e, 

1351f,  1351g 


528 


MILITARY   LAWS   OF   THE    UNITED   STATES^  1915. 


1917,  Mar.  3 — Continued.  Par. 

Sec.  7  (39  Stat,  1121)^ 44a,  441) 

Sec.  8  <39  Stat.,  1122) 40j 

1917,  Mar.  4  (39  Stat,  1182,  1169, 

1170,  1192) __  131a, 

889ff,  889gg,  889hh, 
889ii,  1223a,  1223b 
(39  Stat,  1194),  amending  sec. 
44,  Criminal  Code  (35  Stat., 

•    1097) 131oa 

1917,  Apr.  17: 

(40  Stat.,  11) 1347f 

J  917,  May  7: 

(40  Stat.,  39),  amending  sec. 
10,  Criminal  Code  (35  Stat., 

1089)-- 1468a,  14G8b 

1917,  May  12: 

(40  Stat,  74,  73,  44,  .50,  55,  74, 

58,  52,  50,  43,  65,  45,  60,  74, 
65,  43,  43,  64,  48,  48,  74,  74, 
74,  43,  42,  67,  67,  67,  129, 

59,  59,  60,  00,  00,  68,  66,  60, 
67,  66,  45,  68,  6J5,  73,  72,  72, 
72,  71,  71,  71,  71,  71,  70,  69, 

69) 44c, 

150b,  331b5,  499a,  538a, 
546a,  547b,  o63c,  611c, 
688a,  688b,  699a,  776d, 
854b,  857i,  898a,  929a4, 
954e,  975b,  975c,  1043b, 
1043c,  1043d,  1201b,  1274.\ 
1274f,  1281a,  1281b,  1281c, 
1293c,  1293d,  1293e,  1203f, 
1293g,  132.-a5,  1328di, 
1331g5,1334d.  1.355f,  1357a, 
1361d,  13640,  1533a,  1544a, 
1544b,  1549a,  1553a,  1553b, 
1553c,  1553d,  1562a,  1574b, 
1576a,  1579a. 
(40  Stat.,  74),  amending  sec. 
87,  act  of  Jan.  12,  1895  (28 

Stat.,  622) 112b 

(40    Stat,,    46)     amending    sec. 
5,   act   of   June    3,    1016    (39 

Stat,     169) 3G6b 

(40    Stat.,    73),    amending    sec. 
5,   act   of   June    3,    1916    (39 

Stat,    167) 369ai 

(40    Stat,    72),    amending    sec. 
15,  act  of  June   3,   1916    (39      • 

Stat,     176) 902c 

(40    Stat.,    44),    amending    sec. 
24,   act   of  June   3,   1916    (39 

Stat,  182) 331dJ 

(40    Stat.,    73),    amending    sec. 
24,  act  of  June  3,   1916    (39 

Stat,    182) 331di 

(40    Stat.,    47),    amending    sec. 
24,  act  of  June   3,   1916    (39 

Stat,  182) 809b 

(40    Stat.,    73),    amending    sec. 
37,  act  of  June  3,   1916    (39 

Stat,  189) 1536a,  l.j30b 

(40    Stat,    70),    amending    sec. 
54,  act   of  June   3,   1916    (39 

Stat.,     194) 1574U 

(40    Stat.,    53),    repealing    sec. 

1120.  Revised  Statutes 1032b 


1017,  May  18  :  Par. 

Sec.  1,  par.  1    (40  Stat,  70)__  331cK 

331c| 
Sec.  1,  par.  2   (40  Stat,  7G)__  1339p, 

1339q 

Sec.  1,  par.  3  (40  Stat,  76-7) _  .1030, 

1631,  35Gb,  356c,  356d, 

35Ge,  1632,  1633 

Sec.  1,  par.  4  (40  Stat,  77)  _—  1634 

Sec.  1,  par,  5  (40  Stat.,  77)-_-  1635 

Sec.  1,  par.  6  (40  Stat,  77) 1636 

Sec.  1,  par.  7  (40  Stat,  77)—  1383a, 
1383b,  1383c,  1383d 

Sec.  2  (40  Stat,  77-78) 1637, 

1G38,  16.39,  1640,  1641,  1642 

Sec.  3  (40  Stat,  78) 1043 

Sec.  4  (40  Stat.,  78-80) __  1644,1645, 
1G46,  1647,  1648,  1649, 
1G50,  1051,  1652,  1653 

Sec.  5  (40  Stat,  80) 16.54, 

1655,  1656,  165T 

Sec.  6  (40  Stat,  80-81) 1658, 

1G59,  1660 

Sec.  7  (40  Stat,  81)  _—__'—  1661, 

1031hJ,  1G«2,  I63II1L  10441V 

Sec.  8  (40  Stat.,  81) 1663, 

1663a,  1664 

'  Sec.  9  (40  Stat,  82)____ 1665^ 

1666,  166  7 

Sec.  10  (40  Stat,  82) 1068,. 

695b,  G95c 

Sec.  11  (40  Stat.,  82) 938\a 

Sec.  12  (40  Stat,  82) 1295a, 

1295b,  129.5c,  1295d 
Sec.  13  (40  Stat,  83)___  1295e,  1295f 

Sec.  14  (40  Stat,  83) 1609 

1917.  May  22: 

Sec.  16  (40  Stat,  87-89) 534h^ 

5.341,  534j,  534k,  5341, 
534m,  534n,  534o,  534p 
Sec.  19  (40  Stat.,  89),  amend- 
ing sec.  44,  Criminal  Code 

(35  Stat.,  1097) 1315!> 

1917,  May  29  : 

(40  Stat,  90,  100,  101) 1132a, 

llG2f,  llG2g 
1917,  June  12: 

(40  Stat.,  126,  126,  144,  120, 

140) 112c 

112d,  1196a, 1289a,  1502a 
1917,  Juno  14  : 

(40  Stat,  181)" 1361e,  1361f 

1917,  June  15  : 

(40    Stat,    184,    188,    183,    216, 

182) 44d, 

.506c,  534g,  IGlla,  10 19a 

Sec.   2    (40   Stat.,   217) 44e 

Sec.  3   (40  Stat,  217) 44f 

Sec.  4    (40   Stat.,   217)_-_1640a,  lG40b 

Sec.  5    (40   Stat,   217) 44g 

(40    Stat,    198),   amending   sec. 

3744,  Revised   Statutes 1211d 

Title  I,  sec.  1  (40  Stat,  217) __  1317ia 
Title  I,  sec.  2  (40  Stat,  218)  _  1317|b, 

13174c 
Title  I,  sec.  3  (40  Stat,  219)__13174d 
Title  I,  sec.  4  (40  Stat,  219)  _  1317Je, 

13174f 


MILITARY   LAWS  OF   THE   UNITED   STATES,   1915. 


529 


1917,  .Tune  15 — Continued. 

Title  I,  sec.  5  (40  Stat.,  219)  __ 
Title  I,  sec.  6  (40  Stat.,  219)  __ 
Title  I,  sec.  7  (40  Stat.,  219) _. 
Title  I,  sec.  8  (40  Stat,  219)  — 
Title  I,  sec.  9  (40  Stat.,  219)  __ 
Title  II,  sec.  1   (40  Stat.,  220). 

Title  II,  sec.  2  (40  Stat.,  220)  _. 
Title  II,  sec.  3  (40  Stat,  220)  __ 
Title  II,  sec.  3  (40  Stat,  220) _. 
Title  III,  sec.  1  (40  Stat,  221)  _ 
Title  IV,  sec.  1  (40  Stat,  221) 
Title  V,  sec.  1  (40  Stat,  221 )_ 
Title  V,  sec.  2  (40  Stat,  221)  __ 
Title  V,  sec.  3  (40  Stat.,  222)  __ 
Title  V,  sec.  4  (40  Stat.,  222)  __ 
Title  V,  sec.  5  (40  Stat,  222)  _ 
Title  V,  sec.  6  (40  Stat,  222) _ 
Title  V,  sec.  7  (40  Stat,  223)  _ 
Title  V,  sec.  8  (40  Stat,  223), 
amending    sec.    13,    Criminal 

Code    (35   Stat,  1090) 

Title  V,  sec.  9   (40  Stat,  223)  _ 

Title  V,  sec.  10   (40  stat,  223), 

amending    sec.    15,    Criminal 

Code    (35   Stat.,   1091) 

Title  V,  sec.  11  (40  Stat.,  223)  _ 
Title  VI,  sec.  1   (40  Stat,  223)  _ 

Title  VI,  sec.  2  (40  Stat,  224)  _ 

Title  VI,  sec.  3  (40  Stat.,  224)  _ 
Title  VI,  sec.  4  (40  Stat,  224)  _ 
Title  VI,  sec.  5  (40  Stat.,  224)  _ 

Title  VI,  sec.  6  (40  Stat.,  225)  _ 
Title  VI,  sec.  7  (40  Stat,  225) _ 
Title  VI,  sec.  8  (40  Stat,  225)  _ 
Title  VII,  sec.  1  (40  Stat,  225). 
Title  VII,  sec.  2  (40  Stat,  225)- 
Title  VII,  sec.  3  (40  Stat,  225)  _ 


rar. 

13175g 

13175h 

.131741 

.13175J 

13174k 

.1469h, 

14691 

.  1469J 

14G9k 

-  14G91 

1469m 

_1469n 

-14690 

1469p 

1469q 

1469r 

_1469s 

._1469t 

-14C9U 


1471a 
14G9V 


147.3a 

14G9W 

1475c, 

14754 

1475d, 

1475e 

1475f 

1475g 

1475h, 

14751 

1475J 

1475k 

14751 

1475m 

1475n 

1475o, 

1475p 


Title  VIII,  sec.  1  (40  Stat, 

226) J 1670 

Title    VIII,    sec.    2    (40    Stat, 

226) 1671 

Title    VIII,    sec.    3     (40    Stat., 

226) 1672 

Title    VIII,    sec.    4     (40    Stat., 

226) 1G73 

Title    VIII,    sec.    5    (40    Stat, 

226) 1674 

Title  IX,  sec.  1  (40  Stat,  227)-  1675 
Title  IX,  sec.  2  (40  Stat,  227)-  1676 
Title  IX,  sec.  3  (40  Stat,  227)-  1677 
Title  IX,  sec.  4  (40  Stat,  227)-  1678 
Title  X,  sec.  1  (40  Stat,  227).  1631a 
Title  X,  sec.  2  (40  Stat,  228)^_  1631b 
Title  X,  sec.  3  (40  Stat.,  228)\  1631c 
Title  XI,  sec.  1  (40  Stat.,  228).  1449a 
Title  XI,  sec.  2  (40  Stat.,  228)_  1449b 
Title  XI,  sec.  3  (40  Stat.,  228)  _  1449c 
Title  XI,  sec.  4  (40  Stat.,  228)-  1449d 
Title  XI,  sec.  5  (40  Stat,  228)  _  1449e 
Title  XI,  sec.  6  (40  Stat,  229)  _  1449f 
Title  XI,  sec.  7  (40  Stat.,  229)-  1449g 

54208°— 18 34 


1917,  .Tune  15 — Continued.  Par. 

Title  XI,  sec.  8  (40  Stat,  229)-  1449h 
Title  XI,  sec.  9  (40  Stat.,  229)  _  14491 
Title  XI,  sec.  10  (40  Stat,  229).  1449J 
Title  XI,  sec.  11  (40  Stat.,  229)  _  1449k 
Title  XI,  sec.  12  (40  Stat.,  229)  _  14491 
Title  XI,  sec.  13  (40  Stat,  229)  _  1449m 
Title  XI,  sec.  14  (40  Stat,  229)  _  1449n 
Title  XI,  sec.  15  (40  Stat,  229).  1449o 
Title  XI,  sec.  16  (40  Stat,  229)  _  1449p 
Title  XI,  sec.  17  (40  Stat.,  230)-  1449q 
Title  XI,  sec.  18  (40  Stat.,  2.30)  _  1449r 
Title  XI,  sec.  19  (40  Stat,  230)-  1449s 
Title  XI,  sec.  20  (40  Stat,  230)-  1449t 
Title  XI,  sec.  21  (40  Stat,  230)  _  1449u 
Title  XI,  sec.  22  (40  Stat.,  230)  _  131741 
Title  XI,  sec.  23  (40  Stat,  230)-  1449v 
Title  XII,  sec.  1  (40  Stat.,  230)-    253a, 

253b 
Title  XII,  sec.  2  (40  Stat,  230)-  253c 
Title  XII,  sec.  3  (40  Stat,  230- 

.      231) 253d,  253e 

Title    XIII,    sec.    1    (40    Stat., 

231) 1475q 

Title    XIII,    sec.    2     (40    Stat., 

231) 1475r 

Title    XIII,    sec.    3     (40    Stat, 

231) 14759 

Title    XIII,    sec.    4     (40    Stat, 

231) 1475t 

1917,  July  2  : 

(40   Stat,    241)— 802a, 

802b,  802c,  802d 
1917,  July  24  : 

Sec.  1   (40  Stat,  243) 879b 

Sec.  2  (40  Stat,  243) 879c, 

879d, 879e 

Sec.  3  (40  Stat,  243) 890d, 

890e,  890f,  890g,  890h 

Sec.  4    (40  Stat,  244) 890i,  890j 

Sec.  5   (40  Stat,  244) 879f,  879g 

Sec.  6  (40  Stat,  244^5) 889.ij, 

889kk,  88911,  889mra 
Sec.   7    (40  Stat,  245)—  889nn,  8S9oo 

Sec.  8  (40  Stat,  245) 879h,  8791 

Sec.  9  (40  Stat  245-247) 8S9pp, 

889qq,  889rr,  889ss,  889tt,  889uu, 

1293h,  879j,  879k,  889vv,  889ww, 

889XX,  1261c,  889yy 

Sec.  10  (40  Stat  247) 889zz 

1917,  July  27  : 

(40  Stat,  247-248) 1274g, 

1274h,  1274i,  1274J 
1917,  July  28 : 

Sec.  1  (40  Stat.,  248)  _„  1272b,  1272c 

Sec.  2  (40  Stat,  248) 1272d 

1917,  Aug.  7  : 

(40  Stat,  250) 1272c, 

1272f,  1272g,  127211 
1917,  Aug.  8  : 

See.  8  (40  Stat,  260)  ___  1315c,  1.315d 
1917,  Aug.  10  : 

(40  Stat.,  272-3),  amending  sec. 
6,  Act  of  Feb.  4,  1887  (24 
Stat.,  380),  as  amended  by 
sec.  2,  Act  of  June  29,  1906 
(34  Stat,  589),  and  Act  of 


530 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


1917,  Aug.  10— Continued.  Par. 

Aug.  29,  1916  (39  Stat.,  604)  _  525f', 

525(1,  525e,  525f,  525g, 

525h,  525i,  525j,  525k 

Sec.  1  (40  Stat.,  276) 1679,1680 

Sec-.  2  (40  Stat.,  276) 16S1 

Sec.  3  (40  Stat.,  276-77) 1682, 

168.3,  1684 

Soc.  4  (40  Stat.,  277) 1685 

See.  6  (40  Stat.,  277-278) 1686, 

1687,  1688,  1689, 
1690,  1691,  1692 

Spc.  6  (40  Stat  278) 1693, 

1694,  1695,  1696 

Sec.  7  (40  Stat,  278-9) 1697, 

1698,  1699 

Sec.  8  (40  Stat,  279) 1700 

See.  9  (40  Stat,  279 1701 

Sec.  10  (40  Stat,  279) 1702, 

1703,  1704 

Soc.  11  (40  Stat,  279) 1705, 

1706,  1707 

Sec.  12  (40  Stat,  279-280) 1708, 

1709,  1710,  1711. 
1712,  1713 

Sec.  13  (40  Stat,  280) 1714, 

1715, 171G,  1717 

Sec.  14  (40  Stat,  281) 1718, 

1719,  1720,  1721, 
1721a,  1722,  1723 

Sec.  15  (40  Stat,  282) 1724, 

1725,  1726,  2727. 
1728,  1729,  1730 

Sec.  16  (40  Stat,  282) 1731,1732 

Sec.  17   (40  Stat,  283) 1733 

Sec.  18  (40  Stat,  283) 17.34 

Sec.  19  (40  Stat.,  283) 1735,1736 

Sec.  20  (40  Stat,  283) 1737 

Sec.  21    (40  Stat,  283) ___  1738,1739 

Sec.  22   (40  Stat,  283) ^_-     1740 

Se<;.  23  (40  Stat,  283) 1741,1742 

Sec.  24  (40  Stat,  283-4) __  1743,1744 
Sec.  25  (40  Stat.,  284,  285, 

286) 1745,  1746,  1747, 

1748,  1749.  1750,  1751,  17.52, 
1753,  1754.  1755,  1756,  1757, 
1758,  1759,  1760,  1761,  1762 

Sec.  26  (40  Stat,  286) 1763, 

1764,  1765,  1766 

Sec.  27  (40  Stat.,  287) 1767, 

1768, 1769 
1917,  Sept  24: 

See.  12  (40  Stat.,  293) 205a 

Soc.  12a  (40  Stat.,  293) 2051) 

Sec.  12b  (40  Stat,  293) 205c. 

205d,  205e 

Sec.  12c  (40  Stat,  293) 205f 

Sec.  12d  (40  Stat,  294) 205g, 

205h,  205i,  205j 

Sec.  12e  (40  Stat,  294) 205k, 

2051,  205m 
Sec.  12f  (40  Stat.,  294)  ___  205n,  205o 

Sec.  12g  (40  Stat.,  294) 20.^,p 

Sec.  12h  (40  Stat.,  294 )__  205q,  20.5r 

Sec.  121  (40  Stat,  295) 205s 

Sec.  12j  (40  Stat..  295) 205t 

Sec.  12k  (40  Stat.,  295) 205u 


1917,  Sept.  24— Continued.  Par. 

Sec.  121  (40  Stat,  295) 2U5v 

Sec.  13  (40  Stit,  295) 205w 

1917,  Oct.  1  : 

Sec.  1  (40  Stat.,  290 889aaa 

Sec.  2  (40  Stat.,  296) 889bbl> 

Sec.  3  (40  Stat.,  297) 889ccc 

Sec.  4  (40  Stat,  297)  _  889ddd,  8S9eeo 

Sec.  5  (40  Stat,  297) 889fff, 

SS9ggg,  8S9hhh,  889iii 
1917,  Oct  3,  sec.  1100  (40  Stat., 

327) 251a 

1917,  Oct  5  (40  Stat,  340  > 140Sc, 

1468d,  1468e,  1468f,  1468g,  1468h, 
1917,  Oct  6  (40  Stat.,  351,  351,  351, 
368,  363.  361,  357,  307,  397.  397, 

397,  397,  397,  346,  367,  394,  394, 

398,  398,  366,  367,  356,  3.56.  343, 
343,  343,  352,  -353,  353,  353,  353, 
373,  373,  373,  373,  373,  373,  393, 

.393,  397,  394,  394.  395) 28a, 

28b,  28c,  154d,  547c.  673b,  6S9c, 
729d,  750d,  750e.  750f,  750g,  776c, 
S08b.  S32a.  902d,  902e,  1071b, 
1071c,  1190a,  1234a,  1255a,  1255b, 
1272m,  1272n,  1272o,  1274k,  12741, 
1274m,  1274n,  1274o,  1524a,  152.5a, 
1526a.  1.5261),  1526c,  1526d,  1532a, 
1537a,  1581a,  1616a,  1616b,  1616c 
1917,  Oct.  6: 

(40  Stat,  ,368)  amending  act  of 

Mar.  3,  1915  (.38  Stat,  853)  _  1502b 
(40  Stat.,  .391)  amending  ."sec. 

229.3,  Revised  Statutes 12721 

(40  Stat,  385),  amending  sec. 
16,  acts  of  Mar.  2,  1899  (.30 
Stat,  081),  and  Mar.  2,  1901 

(31  Stat,  896) 711a,  712a 

Sec.  5  (40  Stnt..  383) 407a,  407b 

Sec.  6  (40  Stat,  383),  amend- 
ing sec.  5,  act  of  .Tune  22, 

1906  (.34  Stat,  449) 36a 

Sec.  7  (40  Stat,  383-4) 36b, 

30c,  36d,  36e 

Sec.  8  (40  Stat,  384) 441 

1917,  Oct.  6: 

Soc.  1  (40  Stat,  398) 1483a,  1483b 

Soc.  2-12  (40  Stat..  398) 1483c 

Sec.  2-13  (40  Stat,  399)  _  1483d.  1483e 
Sec.  2-14  (40  Stat,  399)  _  1483f-148.3h 
Soc.  2-15  (40  Stat.,  399)  _   14831-14831 

Sec.  2-16  (40  Stat.,  400) 1483m 

Sec.  2-17  (40  Stat.  400)-   1483n-1483p 

Soc.  2-18   (40  Stat,  400) 712aa 

Sec.  2-19  (40  Stat.,  400)  ___  1483aa.ia 
Sec.  2-20  (40  Stat,  400)—  1483yyyy, 
1483ZZZ55 
Sec.  2-21  (40  Stat.  400)  __  716a,  716b 
Sec.^-22   (40  Stat.,  400-402)  _   1483q- 

1483ee 

Sec.  2-23  (40  Stat.,  402) 1483ff 

Sec.  2-24  (40  Stat.,  402) 1483gg, 

148.3hh 

Sec.  2-25  (40  Stat.  402) 148311 

Sec.  2-26  (40  Stat..  402) 1483jj 

Sec.  2-200  (40  Stat.  40") 712b 

Sec.  2-201  (40  Stat.,  402-3)  _  712c-712f 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


531 


1917,  Oct.  G— Continued.  Pav, 

See.  2-202  (40  Stat.,  403) 712?- 

Soc.  2-203  (40  Stat.,  403)  __  71Cc,  716d 
Sec.  2-204  (40  Stat.,  403)-  712h-712m 
Sec.  2-205  (40  Stat.,  404)  _  712n-712q 
Sec.  2-20G  (40  Stat.,  404)  __  712r,  712s 
Sec.  2-207  (40  Stat.,  404)  __  712t,  712u 

Sec.  2-208  (40  Stat.,  404) 712v 

Sec.  2-209  (40  Stat.,  404) 712v/ 

See.  2-210  (40  Stat.,  404-5) 712x- 

712z 

Sec.  2-300  (40  Stat..  405) 1483kk 

Sec.   2-301    (40   Stat.,  405)  ___  148311- 

1483UU 
Sec.  2-302  (40  Stat.,  400)  ___   1483vv- 

1483(1(1(1 
Sec.  2-303  (40  Stat.,  40G-7)_   14S3eee- 

1483jjj 

Sec.  2-304  (40  Stat.,  407) 1293i- 

12931 
Sec.  2-305  (40  Stat.,  407)—   1483kkk 

Sec.  2-306  (40  Stat,  407) ^   1483111 

Sec.  2-307  (40  Stat.,  407) __  1483mmm 
Sec.  2-308  (40  Stat.,  407)  ___  14S3nnn, 

1483000 
Sec.  2-309  (40  Stat.,  407-8)-  1483ppp- 

1483SSS 

Sec.  2-310  (40  Stat.,  408) 14S3ttt 

Sec.  2-311  (40  Stat.,  408)—  1483uuu 
Sec.   2-312    (40   Stat.,   408)--1483vvv- 

1343XXX 
Sec.  2-313  (40  Stat.,  408)-—   1483yyy, 

1483ZZZ 

Sec.  2-314  (40  Stat,  408) 149Sh, 

1498i,  14831)bbl) 

Sec.  2-400  (40  Stat  409) 1483cccc 

Sec.  2-401   (40  Stat.,  409)  _   1483(1(M(1- 
1483gggg 
Sec.  2-402   (40  Stat,  409-10— 

1483hhhh-1483pppp 

Sec.  2-403  (40  Stat,  410)  __  1483qqqq, 

1483rrrr 

Sec.  2-404  (40  Stat,  410)—   1483ssss- 

1483UUUU 

Sec.  2-405  (40  Stat,  410)—   1483vvvv- 

1483XXXX, 1483aaaaa 

Sec.  3  (40  Stat,  410-11) 350a, 

350e,  352a,  373a 
1917,  Oct  G  : 

Sec.  1  (40  Stat,  411) 1420a 

Sec.  2  (40  Stat,  411-12) 1420b, 

1420c,  1420d,  1420e,  1420f, 
1420g,  1420h,  1420i 

Sec.  3  (40  Stat,  412-13) 1425a, 

1425b,  1425c,  1425d,  1425e,  1425f 

Sec.  4  (40  Stat,  413-14) 1425g, 

1425h,  14251,  1425J,  1425k, 

14251,  1425m,  1425n,  1425o, 

1425p,  1425q,  1425r 

Soc.  5  (40  Stat,  415) 1425s, 

1425t  1425U 

Sec.  G  (40  Stat,  415) 1424a, 

1424b,  1424c,  1424d,  1424e,  1424f 

Sec.  7  (40  Stat,  416,  417,  418)_  1427a, 

1427b,  1427c,  1427d,  1427e,  1427f, 

1427g,  1420J,  1420k,  14201,  1420m, 


1917,  Oct.  G— Continued.  Par. 

1420n,  1420O,  1420p,  1420q,  1420r, 

1420s,  1424g,  1424h,  14241,  1424j, 

1424k,  14241,  1424m 

Sec.  8  (40  Stat,  418-19) 1424n, 

14240,  1424p,  1424q,  1424r,  1424.S 

Sec.  9  (40  Stat,  419-20) 1424t, 

1424U,  1424V,  1424w,  1424x 
Sec.  10  (40  Stat,  420,421,422).  1425v, 
1425w,  1425X,  1425y,  1425z, 
1425aa,  1425bb,  1425ec,  142ndil, 
1425ee,  1425ff,  1425gg,  1425hh, 
1425ii,  1425JJ,  1425kk,  142511, 
1425ram,  1425nn,  1425oo,  1425pp, 
1425qq,  1425rr 

Sec.  11  (40  Stat,  422) 14;Ua 

Sec.  12   (40  Stat,  423-24) 1424y, 

1424Z,    1424aa,    1424bb,    1424cc, 

1424dd,  1424ee,   1424ff.   1424gg, 

1424hh,  142411 

Sec.  13   (40  Stat,  424)—   1439a,  14391) 

Sec.  14  (40  Stat.,  424)  __  1439c,  1439cl 

Sec.  15  (40  Stat,  425) 1424jj 

Sec.  16  (40  Stat,  425) 1425ss 

Sec.  17  (40  Stat.,  425) 1425tt 

Sec.  18   (40  Stat,  425) 1425uu 

Sec.  19   (40  Stat,  425-26) 253f, 

253g,  253h,  2531,  253j,  253k 
Joint  Resolution — 

No.  52,  July  12,  1862   (12  Stat, 

623) 1013a 

No.  13.  July  3,  1876   (19  Stat, 

214) 1380 

No.  26,  June  7,  1878  (20  Stat, 

252) 1381 

No.  5,  Jan.  6,  1885  (23  Stat, 

516) 54 

No.  6,  Feb.  23,  1887  (24  Stat., 

644) 55 

No.  41,  Aug.  28,  1890  (26  Stat, 

678) 800 

No.  50,  Sept  25,  1890  (26  Stat., 

681) 1020 

No.  9,  Feb.  5,  1891  (26  Stat, 

1113) 953a 

No.  23,  May  11,  1894  (28  Stat, 

583) 1021 

No.  51,  May  2,  1896  (29  Stat., 

473) 1017 

No.  21,  Apr.  11,  1898  (30  Stat., 

737) 259.  805 

No.  2,  Jan.  12,  1903  (32  Stat, 

1229) I02i 

No.  23,  Apr.  15,  1904  (33  Stat., 

588) 1015 

No.  35,  Apr.  28,  1904  (33  Stat, 

591) 441 

No.  13,  Mar.  30.  1906  (34  Stat. 

825) 111 

No.  14,  Mar.  30,  1906  (34  Stat., 

826) 117 

No.  17.  Feb.  27,  1907  (34  Stat., 

1422) _ _   1010 

No.  18,  Mar.  2,  1907  (34  Stat., 

1423) 1022 

No.  10,  Mar.  14,  1912  (37  Stat., 

030) 1473 


532 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915, 
Tar. 


Joint  Resolution — Continued. 

No.  11,  Mar.  2,  1013  (37  Stat., 

1025) 1250b 

No.  10,  Apr.  22,  1014  (38  Stat., 

770) 1475a,  1475b 

No.  15,  May  8,  1014  (38  Stat., 

771) 775b 

No.  15  (sec.  2),  May  8,  1014 

(38  Stat.,  771) 77oc 

No.  14,  Mar.  4,  1015  (38  Stat., 

1226)___  1460a  1460b,  1472a,  1472b 
No.  — ,  Mar.  17,  1016  (30  Stat., 

36) 832b,  332c 

No.  — ,  May  18,  1016-  (30  Stat., 

164) 775d 

No.  — ,  July  1,  1016: 

Sec.  1  (30  Stat,  330) 13.30h, 

13:!0j 

Sec.  2  (30  Stat,  340) 1330J 

Sec.  3  (30  Stat.,  340) 1330k, 

13301 

Sec.  4  (30  Stat,  340) ___  1330m, 

1330n 

No.  — ,  Aug.  20,  1016  (30  Stat, 

671) 1272a 


Joint  Resolution — Continued.        Par. 
No.  — ,  Sept  8,  1016  (30  Stat, 

851) 1568 

No.  — ,  Apr.  6,  1017  (40  Stat, 

1) 1415a 

No.  — ,  May  12,  1017  : 

Sec.  1  (40  Stat,  75) 1415b 

Sec.  2  (40  Stat,  75) 1415c 

No.  — ,  May  22,  1017  (40  Stat., 

00) 1270c,  1270d 

No.  — ,  June  0,  1017  (40  Stat., 

102) 12T0e 

No.  — ,  June  15,  1017  (40  Stat, 

231) 07od 

No.  — ,  July  0,  1017  (40  Stat., 

242) 534q 

No.  — ,  July  17,  1017  (40  Stat., 

243) 1272J,  12721 

No.—,  Oct  5,  1017  (40  Stat, 

343) 1272m-1272o 

No.—,  Oct  6,  1017  (40  Stat, 

427) 1274i) 


REVISED   STATUTES, 


Military  laws. 

Revised  Statutes  (section). 

Military  laws. 

Revised  Statutes  (section). 

Para- 
graph. 

Page.i 

Para- 
graph. 

Page. 

152   ..                   

3 
19 

43 
26 

34 
44 
45 

25 
46 
20 
21 
22 
23 
13 
14 
15 

16 
17 
18 

64 
134 
135 
136 
137 
139 
138 
140 

76 
79 
104 
1C6 

109 
141 

144 
147 
148 
149 
516 
524 
153 
1260 
193a 
215 

195 

213 
214 
204 

178 

179 

8 
18 

25 
20 

22 
25 
25 

20 
25 
18 
18 
19 
20 
17 
17 
17 

17 
17 
17 

30 
49 
49 
49 
49 
49 
49 
50 

34 
34 
41 
42 

42 
51 

52 
53 
53 
54 
214 
216 
.54 
468 

si 

73 

81 
81 
77 
64 

64 

306   .                               

241 
242 
243 
244 
183 

183a 

261 

258 

262 

260 

263 

264 

265 

249 

250 
266 
267 
268 
269 
270 
271 
272 
273 
274 
275 

247 

247 
351 
1072 
1073 
1096 
819 
820 

1165 
356 
1026 
1028 
1027 
1032 

1032b 
908 
SOo 
915 
914 
916 
917 
437 

140 
515 
617 
f45 
1290 

92 

161 

307 

93 

163,  as  amended  by  act  of  Aug.  15, 

308                           

94 

1S76  (19  Stat    169).. 

309 

94 

165 

310                             .              

66 

166,  as  amended  by  sec.  3,  act  of 

May  28, 1896  (29  Stat.,  179) 

167 

310,  as  amended  by  sec.  5,  act  of 

July  1, 1916  (39  Stat. ,  330) 

3.54             .   .                     

ios 

168 

355 

102 

169,  as  amended  by  act  of  Mar.  3, 
1875  (18  Stat. ,  360) 

3.56   

103 

357 

102 

170 

361    ..                  

103 

173 

364                             .     . 

103 

174 

383   .                    

las 

175   

391,  as  amended  by  sec.  15,  act  of 
Mar.  5,  1S74  (18  Stat.,  19) 

392.  as  amended  1)y  sec.  15,  act  of 
Mar.  5, 1874  (18  Stat.,  20) 

751                        

176 

97 

177   

178 

97 

179 

104 

180,  as  amended  by  act  of  Feb.  6, 

752 

104 

1891  (26  Stat.,  733) 

753                 

104 

181 

7.54 

ao5 

182 

755                    

105 

183,  as  amended  by  act  ol  Feb.  13, 

756 

105 

1911  (36  Stat. ,  898) 

757      ,            

106 

184 

758                          

106 

185 

7.59   

106 

186 

761                             

106 

187 

886,  as  amended  by  sec.  10,  act  of 
Mar.  2, 1895  (28  Stat.,  ^09) 

?«6,  as  amended  by  sec.  17,  act  of 
July  31,  1894  (28  Stat.,  210) 

1098..... 

188 

95 

189 

190 : 

95 

192,  as  amended  by  act  of  June  22, 

142 

1906  (34  Stat.,  449) 

1104   

394 

193 

1105 

394 

195 

1108                                    

402 

196 

1109                    

313 

197,  as  amended  by  act  ol  Feb.  27, 

1110   

314 

1877  (19  Stat.,  241) 

1111,  as  amended  bv  act  of  Mar.  3, 
1905  (33  Stat  .  853) 

214 

421 

215,  as  amended  by  act  ol  Feo.  27, 

1114       ' 

144 

1877  (19  Stat.,  241) 

1116 ^ 

1117   

378 

216 

378 

217 

1118           

378 

218 

1120                      

381 

219 

1120,  repealed  by  act  of  May  12, 
1917  (40  Stat.  ,53) 

220 

22,5 

1122 

340 

225 

1123   

339 

228 

1124         

341 

236                             

1125               

341 

237,  as  amended  by  sec.  9,  act  of 

1126   

341 

Oct   1,  1890  (26  Stat.,  646).. 

1127             

341 

L78,  as  amended  by  sec.  7,  act  of 

1130 

180 

July  31, 1894  (28  Stat., 206) 

282 

1132,  as  amended  by  act  of  Feb. 
25,  1877  (19  Stat.,  242) 

52 

283 

1133 

214 

301.. 

1135         

514 

305,  as  amended  by  sec.  11,  act  of 
July  31,  1894(28  Stat.,  2C9) 

1136             

QZi 

1136 

482 

^The  pagination  in  this  column  refers  to  the  Military  Laws  of  1915,  corrected  to  Mar. 
5,  1917,  and  does  not  refer  to  the  pagination  of  this  supplement  as  a  separate  volume. 
The  table  of  statistics  index,  etc.,  are  complete  as  to  the  original  volume  as  well  a«  the 
supplement  which,  after  its  preparation,  it  was  found  necessary  to  publish  as  a  separate 
volume. 

533 


534 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


Revised  Statutes  (section). 


Military  laws. 


113S 

1139,  as  amended  by  act  of  Feb. 
27,  1877  (19  Stat.,  242) 

1140,  as  amended  by  sec.  17,  act  of 
Feb.  2,  1901  (31  Stat.,  752) 

1141 

1142 

1143 

1144 

1145 

1147 

1148 

IHO 

11.50 

1152 

1U=3 

11^6,  as  amended  by  sec.  11,  act 

of  Feb.  2,  mn  (31  Stat.,  750).... 

11.57 

1158 

1162 

1163 

1164 

1165 

1166 

1167 

1167,  as  amended  by  act  of  Feb. 

27,  1877  (19  Stat.,  242) 

1167,  as  amended  by  act  of  Feb. 

25,  1903  (32  Stat.,  885) 

1169 

1174 

1175 

1177 

1178 

1183 

1184 

1185 

1188 

1187 

1188 

1189 

1190 

30 
1191 
1197 
1199 
1201 
1205 
1206 
1207 

18. 
1207 
1209. 
1210. 
1211. 
1212. 
1212. 


as  amended  by  act  of  June 
,1882  (22  Stat.,  US) 


,  as  amended  by  act  of  Oct.  1, 
JO  (28  Stat.,  654) , 


1213,  as  amended  by  act  of  May 

17,1886  (24  Stat.,  50) 

1214 

1215 

1216,  us  amended  by  act  of  Mar.  29, 

1892(27  Stat.,  12) 

1219 

1220 

1220 

1221,  as  amended  by  act  of  Mar. 

29, 1894  (28  Stat., 47) 

1222 

1223 

1224 ,  asamended  by  act  of  Feb.  27, 

1877  (19  Stat.,  243) 

1225 


Para- 
grai>h. 


C19 

125&J 

f80 
fS7 
LM 
.590 
587 
605 
601 
600 
606 
591 
798 
807 


794 
797 
789 
821 
822 
823 
825 
824 
833 

835 

834 

355 

743 

775 

783a 

783b 

624 

614 

615 

619 

620 

621 

625 

629 
387 
890c 
471 
470 
934 
788 

386 
787 
999 
1001 
354 
1006 
1005 

1154 
919 
1155 

1018 
353 

577 
836 

573 
995 


995 
942 


Page. 


232 
235 
234 
236 
235 
239 
238 
238 
240 
236 
306 
308 

305 
305 
305 
314 
314 
314 
314 
314 
316 

316 

316 
144 
289 
298 
722 
723 
244 
242 
242 
243 
243 
243 
244 

245 
158 
745 
194 
194 
349 
304 

157 

304 
369 
370 
144 
370 
370 

418 
344 
419 

374 
144 
232 
317 

231 
367 
367 

387 

353 


Revised  Statutes  (section). 


1226. 
1227. 
1228. 
1220. 
1230. 
1231. 
1232. 
123-1. 
1235. 
12^6. 
1237. 
1239. 
1241. 
1243. 
1244. 
1245. 
1246. 
1247. 
124S. 
1249. 
1250. 
1251 . 
1252. 
1253. 
12.54 . 
12.55. 
1256. 
1257. 


1258,  as  amended  by  act  of  Feb. 

16,  1891  (26  Stat..  763) 

12.59 

1260 

1261,asamendedbvactofMay  11, 

1908  (35  Stat.,  lOS) 

1262 

1263 

1264 

1265 

12o6 

12)S 

i2«j;) ■ 


1270 

1274 

1275 

1276,  as  amended  bv  act  of  Aug. 

12,  1876  (19  Stat.,  131) 

1277 

127!) 

1287,  asamended  bv  acts  of  July  5, 

1SS4  (23  Stat.,  110),  and  Mar.  3, 

1885  (23  Stat.,  369) 

1288 

1291 

1292 

1293 

J294 

129.5,  as  amended  by  sec.  19,  act  of 

Feb.  2,  1901  (31  Stat.,  753) 

1295 

1293 ,. 

1299 

1300 , 

1301 

1302 , 

1303 , 

1304 

1306 , 

1307 , 

1308,  asamended  bv  act  of  July  16, 

1892  (27  Stat.,  178) , 

1300 , 

1310 , 

1311 , 

1312 


Ai.ilitary  laws. 


Para- 
graph. 


1007 
1019 
991 
992 
994 
1293 
1068 
610 
565 
566 
1067 
773 
1261 
962 
963 
968 
976 
977 
978 
979 
980 
981 
982 
983 
984 
986 
.9&8 
987 

966 
956 
948 

6.35 

652 

653 

638 

661 

667 

674 

651 

651a 

658 

660 


774 

817 


.562 
720 
726 
i:J94a 
596 
602 

598 
571 
572 
692 
725 
724 
575 


717 

718 

575 
1106 
1110 
1111 
1112 


1  The  pagination  in  this  column  refers  to  the  Military  Laws  of  1915,  corrocted  to  Mar, 
5,  1917,  and  does  not  refer  to  the  pagination  of  this  supplement  as  a  separate  volume. 
The  table  of  statistics,  index,  etc.,  are  complete  as  to  the  original  volume  as  well  as  the 
supplement  which,  after  its  preparation,  it  was  found  necessary  to  publish  as  a  separate 
volume. 


MILITARY  LAWS  OP  THE  UNITED  STATES,  1915. 


635 


Revised  Statutes  (section). 


1313 

1314 

1314 .'.".'.'.".'.'.".'.'.'.'; 

131-5,  as  amended  by  sec.  4,  act  of 
June  f),  1900  (31  Stat.,  650) 

1317..... 

1318 .".'.".".'.".'.".".'."." 

■  1310,  as  amended  bv  act  of  Mar.  2. 
1901  (31  Stat.,  9li) 

1320 

1321 

1322 

132:3 

1324 

1325 \["[[[[]['.]]\]\ 

1325.  as  amended  ])v  act  of  An?.  11, 
191tj(39Stat..493) ' 

1326 

1327 

1328 

1329 ;.; 

1330 

1331 : 

1.332 

1333 

1334 

1335 ""!!"!!"!!""!! 

1336,  as  amende'.!  by  sec.  4,  act  of 
June  23,  1S79  (21  Stat.,  34) . . . 

1337 .......;.■. 

1338,  as  amended  bv  act  of  Mar.  2, 
1901  (31Stat.,P14) 

1339,  as  amended  bv  act  of  Ma v  11 . 
1908  (35  Stat.,  lOS) 

1339,  as  amended  bv  act  of  June 

^28,  1902  (32  Stat.,  40(^) 

1339,  as  amended  bv  act  of  May  28 
1908(35  Stat.,  430).  ... 

1340 

1341 

1344 !"!!"!!!"!!! 

1344,  as  amended  by  acts  of  Mav" 
21,  1874  (18  Stat.,  48);  Mar.  4, 
1915  (38  Stat . ,  10<-'4) 

1346,  as  amended  by  act  of  Jan.  19 
1891  CJtt  Stat.,  722).  ... 

1347... '.... .■.'.■.".'.' 

1347,  as  ameaided  by  act  of  Mar .  4. 
1915  (3S  Stat.,  1085) 

1348,  as  amended  bv  act  of  Jan.  19. 
1891  (26  Stat.,  7^) 

1349 

1350 !!!!"!"!!!!!!"! 

1350,  as  amended  by  act  of  Mai!  4" 
1915  (38  Stat.,  10«) . 

l.:51 ^ 

1362 "'.'.""'.'.[['."" 

1352.  as  amended  bv  act  of  Mar  4 
K15  (38  Stat.,  1(3NJ,  1074) 

13r-3 .....'         ^ 

1354 

13.55 '..'.'.'.'.'.'.'. 

1356 

13,57 ;. 

135S 

1350 

rm) 

}:i6i 

1421 

1437 

14G6 

1619 

If21 

](:62 

ie63 

166.5 


Military  laws. 


Para- 
graph. 


1108 
1109 
1114 

1139 
1145 

1143 

1147 
1150 
1151 
1158 
1159 
1160 
1162 

1162d 

1163 

1174a 

11 

1174b 

1138 

1107 

1172 

1123 

1113 

1135 

1125 
1127 

1131 

1153 

1153 

11.53 
1134 

1176 
474 


4751: 

478 
480 

4S0Q 

479 
482 
481 

4aa 
486 
488 
488a, 
488b' 
4fl 
492 
494 
489 
490- 
4S3 


Page. 


407 
407 
409 

414 
416 

417 

17 
417 
417 
419 
419 
420 
420 


420 
794 
425 
794 
414 
407 
424 
412 
409 
413 

410 
412 

412 

418 


197 
197 

698 

197 

197 
197 


198 
198 

694-5 

199 
199 
199 
198 
»  198 
197 


485 

1»7 

198 

493 

199 

1036 

382 

306 

119 

352 

143 

304 

119 

305 

119 

853 

320 

iiA 

320 

}-55 

321 

Revised  Statutes  (section). 


166(). 
1669. 
1671. 
1753. 
1754. 
1755. 


Military  laws. 


17o7,  as  amended  by  act  of  June 

6,  1898  (30  Stat.,  432) 

1758 

1759 

1760 " 

1761 

1764 

1765 

1766 

1773 

1774 

1775 

1777 ;. 

1778 

1779 

1784 

1791 

1792 ■; 

1793 

1794 

1838 ' 

1841 

185G 

1857 ;" 

1860 

1977 

1978 

1979 

1980 ;;..;; 

1981 

1982 

1983 

1984 ; 

1985 


1987. 
1988. 
1989. 
1990. 
1991. 
1996. 


1998,  a.s  amended  by  act  of  Aus: 
22,  1912  (.37  Stat.,  356) ?. 

2062 . 

2063 

2088 

2110 ." 

2118 

2127 

2138 '.'."'.'.'. 

1139,  as  amended  bv  act  of  July  2$, 
1892  (27  Stat.,  260) 

£140 . 

2141 

2147 

2150 

2151 

2152 

2166 ;;■." 

2171 

2174 : 

2258 .'."!!."."."! 

2293,  as  amended  by  act  of  Oct. K 
1917  (40  Stat . ,  391) 

2304,  as  amended  by  act  of  Mar  1 
1901  (31  Stat. ,  847) ." . . . 

2305,  as  amended  bv  act  of  Mar.  1. 
1901  (31  Stat.,  847) 

2308 


Para- 
graph. 


856 
858 
f60 
163 
164 
165 

60 
62 
61 
167 
168 
47 
170 


10 
11 
323 
63 
77 
177 
1.528 
152*3 
15.30 
1531 
1275 
1375 
1377 
1378 
C60 
1442 
1443 
1444 
1445 
1446 
1447 
1448 
1449 
1450 
1451 
1452 
1453 
14^1 
145.5 
1456 
1050 
1051 

1052 
1396 
1398 
1399 
599 
1400 
1401 
1402 

1403 

1406 

1407 

1409 

1410 

1411 

1412 

1064 

1064a| 

1066 

1268 


12721 
1270 


1271 
1272 


Pago. 


321 
S21 

o22 

57 
58 
58 

29 

29 

29 

58 

5S 

26 

69 

265 

12 

12 

12 

126 

30 

34 

61 

575 

575 

575 

575 

475 

5(» 

510 

510 

360 

WO 

f40 

540 

540 

541 

C42 

542 

542 

543 

543 

543 

513 

544 
544 


3S6 
521 
521 
522 
238 
522 
522 
523 

:^ 
525 
528 
526 
527 
527 
52S 


390 
470 


in 


472 
473 


536 


MILITARY   LAWS   OF   THE   UNITED  STATES,  1915. 


Revised  Statutes  (section). 


Military  laws. 

Para- 
graph. 

Page.i 

1273 
1269 

474 
471 

1053 

386 

1283a 

221 

86 

222 

86 

223 

86 

238 

90 

240 

91 

215b 

217b 

217c 

217d 

217e 

217f 

217g 

220a 

181 

65 

180 

6o 

248 

96 

403 

167 

404 

167 

184 

66 

400 

164 

400 

164 

415 

170 

416 

171 

203 

76 

224 

87 

225 

87 

22H 

87 

227 

87 

228 

87 

229 

88 

230 

88 

231 

88 

232 

88 

233 

88 

234 

88 

235 

89 

236 

89 

1.S.5 

66 

388 

158 

409 

169 

245 

94 

24.5 

95 

245a 

657 

407 

168 

649 

251 

401 

165 

402 

166 

95 

39 

97 

40 

89 

37 

88 

37 

86* 

37 

100 

40 

187 

67 

188 

6&-70 

190 

71 

Revised  Statutes  (section). 


Military  laws. 


Para- 
graph. 


2309. 
2393. 
2438. 
2477. 
3466. 
3467. 
3468. 


3477 

3480,  repealed  bv  act  of  July  6, 

1914  (38  Stat.,  454) 

3482 

34S3 

3484 

3485 

3486 

34S7 

3490 

3592,3594 

3595 

3614 

3617 

3618 


3021,  as  amended  by  sec.  5.  act  of 
May  28,  1896  (29  Stat.,  179) 

3622,  as  amended  by  acts  of  Feb, 
27, 1877  (19  Stat.,  249),  and  July 
31,  1894  (28  Stat.,  209) 

3623 

3624,  as  amended  by  sec.  4,  act  of 
July  31,  1894  (28  Stat.,  205) 


3627. 
3628. 
3629. 
3633. 
3632. 
3633. 
3634. 
36a5. 
3638. 
3637. 
3638. 
3639. 
3639. 
3643. 


3643,  as  amended  by  act  of  Feb.  23, 

1909  (35  Stat.,  643) 

3647,  as  amended  by  act  of  Feb. 

2.^,  1933  (35  Stat.,  643) 

3647,  as  amended  bv  act  of  Mar. 

21,  1913  (39  Stat.,  37) 

3648 

3648 

3851 

3652 

3662 

3663,  as  amended  by  act  of  Feb.  27, 

1887  (19  Stat.,  249) 


3665 

3669,  as  amended  by  acts  of  June 
20,  1874  (18  Stat.,  98,  109,  111); 
Mar.  3,  1875  (18  Stat.,  355,  370); 
Aug.  15,  1876  (19  Stat.,  200) 

3672.  as  amended  by  act  of  Feb.  27, 
1877  (19  Stat.,  249)..'. 

3678 

3679,  as  amended  by  sec.  4,  act  of 
Mar.  3,  1905  (33  Stat.,  1257),  and 
sec.  3,  act  of  Feb.  27,  1908  (34 
Stat., 48) 

3681 


3682. 
3683. 
3690. 


3692 

3709 

3710 

3711,  as  amended  bv  sec.  6,  act  of 
Mar.  2,  1895  (28  Stat.,  808),  and 
^c.  6,  act  of  Mar.  15,  1898  (30 
Stat.,  316) 

3712 

3713 

3714 

3715 

3716 

3717 

3731 

3732,  as  amended  by  act  of  June 
12,  1908  (34  Stat.,  255) 

3733 

3735 

373S 

3737 

3738 

3741 

3743,  as  amended  bv  act  of  July  31, 
189i  (28  Stat..  210) 

3744 

3744,  as  amended  bv  act  of  June  15, 
1917  (40  Stat.,  198) 

3745 

3748 

3747 

3748 

3752 

.3828 

3930,  as  amended  by  act  of  Mar.  3, 

1875  (18  Stat.,  370) 

4692 

4693 

4694 

4695 

4693 

4698 


4700 

4701 

4703 

4707 

4708,  as  amended  by  .sec.  1,  act  of 
Feb.  28,  1903  (32  Stat.,  920) 

4787,  as  amended  bv  sec.  1.  act  of 
Aug.  15,  lS7o  (19  6tat.,  203):  act 
of  Feb.  27,  1877  (19  Stat.,  252); 
and  act  of  Mar.  3,  IS^l  (28  Stat., 
1103)  

4792 

4894,  as  amended  bv  act  of  July  6, 
1916  (39  Stat.,  348) 

4814 

4815,  as  amended  by  sec.  10,  act  of 
Mar.  3,  1883  (22  Stat.,  565) 

4816*  . . : 

4817 

4818 

4819 

4820 

4821 

4822 

4823 

4824 

4838 

4843,  as  amended  bv  act  of  Feb.  9, 
1900  (31  Stat.,  7): 

4874 ,,.. 


74 
73 
193 
191 
405 
1190 
1208 


1242 
1243 
1244 
1180 
1238 
1205 
1209 
1241 

1190 
1191 
1194 
1274 
1233 
1218 
1215 

1216 
1211 

1211d 
1212 
1213 
1214 
1262 
1278 
1201 

93 

1481 
1482 
1483 
1484 
1485 
1485 
1492 
1494 
1495 
1497 
15'30 

1531 


782 
1462 

1616 
1514 

1502 
1505 
1503 
1507 
1.508 
1519 
1515 
1516 
1517 
1521 
1524 

1525 
1303 


1  The  pagination  in  this  column  refers  to  the  Military  Laws  of  1915.  corrected  to  Mar. 
5,  1917,  and  does  not  refer  to  the  pagination  of  this  supplement  as  a  separate  volume. 
The  table  of  statistics,  index,  etc.,  are  complete  as  to  the  original  volume  as  well  as  the 
supplement  which,  after  its  preparation,  it  was  found  necessary  to  publish  as  a  separate 
volume. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


537 


Military  laws. 

Revised  Statutes  (section). 

Military  laws. 

Revised  Statutes  (section). 

Para- 
graph. 

Page.i 

Para- 
graph. 

Page. 

i{K75    

130'! 
1305 
1308 

1309 
1310 

182 

182a 
1476 
1416 
1417 
1418 
1419 
1420 
1421 
1422 
1423 
1424 

486 
486 
487 

487 
487 

65 

553 

530 
531 
532 
532 
533 
533 
533 

sai 

634 

5.305.  ...-. 

1425 

1426 

1427 

1428 

1429 

1430 

1431 

1432 

1433 

1434 

1435 

1436 

1437 

1438 

1439 

1440 

1441 

1479 

313 

314 

315 

316 

317 

4S77         

5307    

535 

4878  

5308 

r.v> 

5309 

53) 

3  1897  (29  Stat ,  625) 

5310  

53) 

4882            

5311    

5:35 

5312 

.%) 

3  1901  (31  Stat  ,  1448) 

5313 

537 

5153,  as  amended  by  act  of  sec.  3, 
act  of  Mar.  4, 1907  (34  Stat.,  1290); 
sec  27,  act  of  Dec.  23,  1913  (38 

5314   

537 

5315      

537 

.5315 

53S 

Stat.,  274);  and  act  of  Aug.  4, 
1914  (38  Stat  182)    

5317   

538 

5318 

5319 

539 

5275  

539 

5297    

5320 

539 

5298     

5321    

539 

5299 

5322 

539 

5300    

6577 

554 

5301    

5595  

123 

6302  

5596 

123 

5303   

5597 

123 

6304     

5600  

i:i4 

5305     .      

5601   

124 

1  The  pagination  in  this  column  refers  to  the  Military  Laws  of  1915,  corrected  to  Mar. 
5,  1917,  and  does  not  lefer  to  the  pagination  of  this  supplement  as  a  separate  volume. 
The  table  of  statistics,  index,  etc.,  are  complete  as  to  the  original  volume  as  well  as  the 
supplement  which,  after  its  preparation,  it  was  found  necessary  to  publish  as  a  separate 
volume. 


TABLE  OF  RELATED  STATUTES. 


MILITARY  LAWS  OF  THE  UNITED  STATES.  1915-1917. 

Adjutant    General's    Department:    Appointments    in,    from    Volunteers,     Act 

Mar.  2,  1901  (31  Stat.  900). 
Adjutant  General's  office,  employees  of,  to  be  exclusively  engaged  on  the  work 

of  that  office  during  fiscal  year  1917.     Act  of  May  10,  3916  (39  Stat.  90). 
Advertising   business   of   attorneys   practicing   before  executive   departments. 

Act  of  Apr.  27,  1916  (39  Stat.  54). 
Advertising,  unserviceable  equipment  of  Panama  Canal  may  be  sold  without. 

See  Panama  Canal. 
Alabama  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve  with 
food,    Quartermaster   and   Medical   Department    supplies,    etc.      J.    lies,    of 
Aug.  3,  1918  (39  Stat.  434). 
Alaska : 

•'Alaska  fund  " — 

Collection  of,  United  States  marshal  and  deputies  to  assist.     Sec.  1, 

Act  of  May  14,  1900  (34  Stat.  192). 
Derivation  and  use  of.      Sec.  1,  Act  of  May  14,  1906  (34  Stat.  192). 
Army  officers,  retired,  duty  as  road  commissioners.    Act  of  Mar.  3,  1911  (30 

Stat.  1052). 
Board  of  Road  Commissioners — 

Army  officers,  retired,  assigned  to  duty  on.     Act  of  Mar.  3,  1911   (36 

Stat.  1052). 
Composition,  powers,  duties,  etc.    Sec.  2,  Act  of  May  14,  1906  (34  Stat. 
192). 
Bridges,  roads,  etc.,  maintained  by  "Alaska  fund."    Sec.  1,  Act  of  May  14, 

1906  (34  Stat.  192). 
Bureau  of  Education,  medical  relief  by  employees  of.    Sec.  15,  Act  of  Feb. 

6,  1904  (35  Stat.  604). 
Coal  mines.  United  States  option  on  output  of  certain.    Sec.  2,  Act  of  May 

28,  1908  (35  Stat.  424). 
Collection  of  license  fees  ("Alaska  fund").     Sec.  1,  Act  of  May  14,  1906 

(34  Stat.  192). 
Detail  of  Lieut.  Frederick  Mears  in  connection  with  the  location  and  con- 
.';truction  of  Government  railroads  in.     J.  lies.  No.  17,  May  13,  1914  {i^S 
Stat.  772). 
Emergency  cases,  medical  relief  by  employees  of  Bureau  of  Education  not 

inhibited.     Sec.  15,  Act  of  Feb.  6, 1909  (35  Stat.  004). 
Fees  from  liquor  and  trade  licenses,  collection  and  use  of.     Sec.  1,  Act  of 

May  14,  1906  (34  Stat.  192). 
insane  persons,  provision  for  care  of.     Sec.  1,  Act  of  May  14,  1906  (34  Stat. 
192)  ;  sec.  7,  Act  of  Feb.  6,  1909  (35  Stat.  601). 

539 


540  MILITARY   LAWS   OP  THE   UNITED  STATES,  1915. 

Alaska — Continued. 

Licenses,  liquor  and  trade,  collection  and  use  of  fees.     Sec.  1,  Act  of  May 

14,  1906  (34  Stat.  192). 
liiquor  licenses,  collection  and  use  of  fees  from.     Sec.  1,  Act  of  May  14, 

1906  (34  Stat.  192). 
Liquors,  alcoholic,  prohibition  of  manufacture  and  sale  in.     Sees.  1-33,  Act 

of  Feb.  14,  1917  (39  Stat.  903). 
Medical  relief  by  employees  of  Bureau  of  Education.     Sec.  15,  Act  of  Feb. 

6,  1909  (35  Stat.  604). 
Mines,  coal,  certain.  United  States  option  on  output  of.     Sec.  2,  Act  of  May 

28,  1908  (35  Stat.  424). 
Public  schools,  supported  by  "Alaska  fund."     Sec.  1,  Act  of  May  14,  1906 

(34  Stat.  192). 
Retired  Army  officers,  duty  as  road  commissioners.     Act  of  Mar.  3,  1911  (36 

Stat.  1052). 
Roads,  bridges,  etc.,  maintained  by  "Alaska  fund."     Sec.  1,  Act  of  May  14, 

1906  (34  Stat.  192). 
Road  Commissioners,  Board  of — 

Army  officers,  retired,  as  members  of.     Act  of  Mar.  3,  1911   (36  Stat. 

1052). 
Composition,  powers,   duties,  etc.     Sec.  2,  Act  of  May  14,   1906    (34 
Stat.  192). 
Schools,  public,  supported  by  "Alaska  fund."     Sec.  1,  Act  of  May  14,  1906 

(34  Stat.  192). 
Trade  and  liquor  licenses,  collection  and  use  of  fees  from.     Sec.  1,  Act  of 
May  14,  1906  (34  Stat.  192). 
Aliens,  declaration  of  intention  to  become  citizens  of  United  States.     See  Nat- 
uralization. 
American  citizens  in  Europe,  relief,  protection,  and  transportation  of,  made 

necessary  by  existing  political  disturbances,  etc.     See  Europe. 
American  citizens  in  Mexico : 

Relief  and  transportation  of  destitute.     J.  Res.  No.  10,  Sept.  16,  1913   (38 

Stat.  238). 
Relief  and  transportation  of  destitute.     Act  of  July  14,  1916  (39  Stat.  3.59). 
Relief  and  transportation  of.     Act  of  April  24,  1914  (38  Stat.  346). 
Anchorage  grounds : 

Secretary  of  War  authorized  to  establish  and  define  in  all  harbors,  rivers, 

bays,  and  other  navigable  waters.     See  Rivers  and  harbors. 
Rules  and  regulations  governing  to  be  enforced  by  Chief  of  Engineers  at 
ports  or  places  where  no  revenue  cutter  is  available,  etc.     See  Rivers  and 
harbors. 
Animals,  prevent  cruelty  in  transit.     Act  of  June  29,  1906  (34  Stat.  607.) 
Annual  report.  Chief  of  Engineers.     See  Corps  of  Engineers. 
Annual  reports,  time  for  heads  of  departments  to  submit  to  Public  Printer.     See 

Printing  and  binding. 
Antietam  Battlefield.     See  National  military  parks. 
Appropriations : 

Consolidated  items  for  river  and  harbor  work,  with  aggregate  amount 
therefor,  allotments  to  respective  works,  and  disposition  of  balances  re- 
maining to  credit  of  separate  work  or  items,  etc.  See  Rivers  and  har- 
bors. 
Printing  and  binding,  restrictions  on  expenditures  from  allotments  for.  See 
Printing  and  binding. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  541 

Aqueduct  Bridge,  District  of  Columbia  and  Virginia.     See  Corps  of  Engineers. 

Arbitration,  court  of  or  other  tribunal.     President  authorized  to  invite  all  of 

the  great  Governments  of  the  world  to  send  representatives  to  a  conference 

to  be  charged  with  the  formulation  of  a  plan  for.    Act  of  Aug.  29,  1916  (39 

Stat.  618). 

Appointment  of  nine  citizens  to  be  representatives  of  the  United  States  in 

such  a  conference.     Id. 
Compensation  of  representatives,  etc.,  to  be  fixed  by  President.    Appropri- 
ation made  and  set  aside  for  expenses  of.     Id. 
Arbitration,  declared  policy  of  United  States  to  settle  its  international  disputes 

through  mediation  or.     Act  of  Aug.  29,  1916  (39  Stat.  618). 
Archives  building,  national,  in  District  of  Columbia.     Designs  and  estimates  to 
be  prepared,  space  required,  provision  for  ^ibsequent  extension,  and  inspec- 
tion of  similar  buildings,  etc.,  abroad.     Sec.  21,  Act  of  Mar.  4,  1913  (37  Stat. 


Inspection  of  archives  buildings  abroad  required  by  paragraph  4,  Sec.  21, 
of  above  Act  repealed.     Act  of  June  28,  1916  (39  Stat.  241). 
Arlington  memorial  amphitheater  and  chapel: 

Authorized.     Sec.  14,  Act  Mar.  4,  1913  (37  Stat.  882). 

Commission  designated,  duties,  etc.  Sec.  16,  Act  May  30,  1908  (35  Stat. 
540). 

Name  of  John  McElroy,  representing  Grand  Army  of  the  Republic,  substi- 
tuted for  that  of  Ivory  G.  Kimball,  deceased.     Sec.  5,  Act  of  Sept.  8,  1916 
(39  Stat.  830). 
Arms : 

Equipment   and,   distribution   to   States.     See   Militia. 

Issue  of  Springfield  rifles  to  States.     See  Miltia. 

Ordnance  stores  and.  crediting  for  issues  during  Civil  War.     See  Militia. 

Sale  of,  to  Indians  prohibited.     See  Indians. 
Army : 

Enlistment  in  military  service  of  foreign  Governments,  ministers  of  United 
States  may  issue  writs  to  prevent  American  citizens  from.  See  Neu- 
trality. 

President  authorized  to  employ  all  persons  in  land  and  naval  service  in 
connection  with  Coast  and  Geodetic  Survey  work.     Sec.  4685,  R.  S. 

Women  not  allowed  to  accompany  troops  as  laundresses.     Sec.  5,  Act  of« 
June  18,  1878  (20  Stat.  150). 
Army  nurses,  pensionable  status.     See  Pensions. 
Army  officers  accountable  for  public  property  to  obtain  certificates  of  nonin- 

debtedness,  etc.,  before  discharge.     See  Public  property. 
Army  officers,  detail  of — 

Accept  position  under  Government  of  Greater  Republic  of  Central  America. 
J.  Res.  No.  23,  Mar.  3,  1897  (29  Stat.  704). 

Active  or  retired  with  Panama-California  Exposition,  San  Diego,  Cal. 
J.  Res.  No.  4,  Jan.  15,  1915  (38  Stat.  1221). 

Active  or  retired  with  the  Panama-Pacific  International  Exposition.  Act 
of  Mar.  4,  1915   (38  Stat.  1065). 

Alaskan  railroads.  Lieut.  Frederick  Mears  to  assist  in  location  and  con- 
struction of.     J.  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 

Coast  and  Geodetic  Survey  work,  topographical  parts  of.  Sec.  4684,  R.  S. 
Allowance  of  subsistence  while  so  detailed.     Sec.  4688,  R.  S. 

Engineer  oflicers  to  assist  Mississippi  River  Commission.  Sees.  3  and  6, 
Act  of  June  28, 1879  (21  Stat.  38). 


542  M1LITAE.Y   lAWS   OF   THE   UNITED   STATES,  1915. 

Army  officers,  detail  of — Continued. 

Engineer  officers  to  assist  Missouri  River  Commission,     Act  of  July  5,  1884 

23  Stat.  144). 
Engineer  officers  to  superintend  construction  of  lighthouses.    Sec.  4G64,  R.  S. 
Governor  of  the  West  Indian  Islands.     Sec.  1,  Act  of  jMar.  3,  1917    (39 

Stat.  1132). 
(irant  leave  of  absence  to  officer  of  Corps  of  Engineers  to  assist  RepuMic 
of  China  on  reclamation  work  of  the  Huai  River;  termination  of  detail, 
pay  during  absence,  etc.     J.  Res.  No.  18,  :May  22,  1914  (38  Stat.  772). 
Indian  education.     Sec.  7,  Act  of  June  23,  1879  (21  Stat.  35). 
Indian  industrial  and  training  school.     Act  of  July  31,  1882  (22  Stat.  181). 
Medical  officer  with  Red  Cross.     Act  of  Mar.  3,  1911  (36  Stat.  l()-il). 
Ordnance    officers    with    Geological    Survey.     Act    of    June    IG,    1880    (21 

Stat  274). 
Panama-Pacific   Infernationnl   Exposition,   prohibitions  against   details   to 
other  service  not  applicable  to,  allowances  for  in  lieu  of  transportation 
and  mileage,  etc.    Act  of  June  23,  1913  (38  Stat.  7G). 
Army  officers,  Philippine  Islands — 

As  attorneys  and  peace  officers.     See.  Philippine  Islands. 
Salary  of,  when  detailed  to  duty  under  insular  government.     See  Philip- 
pine Islands. 
To  be  justices  of  the  peace  in  connection  with  sale  of  intoxicating  liquors. 
Sec  Philippine  Islands. 
Army  officers,  retention  of  Maj.  Gen.  Arthur  Murray  on  active  list  of  the  Army 
as  an  additional  officer  and  in  command  of  the  Western  Department  from 
Apr.  29,  1915,  until  the  close  of  the  Panama-Pacific  International  Exposition, 
Dec.  4,  1915 ;  and  the  numl)er  of  major  generals  of  the  line  of  the  Army  on 
the  active  list  is  increased  by  one  during  the  period  named.     Act  of  IMar.  4, 

1915  (38  Stat.  1CG5). 

Army,  Pliilippine  Islands,  aid  civil  authorities.     See  Philippine  Islands. 

Army  supplies,  sale  of,  to  the  militia,  credit  for  proceeds  of.     See  Militia, 

Arrests  of  trespassers,  etc.,  on  Presidio  of  San  Francisco,  civil  police  may  be 
called  upon  to  make.    Act  of  June  4,  1888  (25  Stat.  167). 

Articles  of  War: 

Fort  Bayard  Hospital  subject  to.     See  Medical  Department. 
Inmates  of  National  Homes  for  Disabled  Volunteer   Soldiers  subject   to. 
*  See  National  Home  for  Disabled  Volunteer  Soldiers. 

Artificial  limbs,  comnuitation  to  persons  who  can  not  use.  See  IVIodical 
Department. 

Atchison,  Topeka  and  Santa  Fe  Railway  Company  may  retain  wharf  at  San 
Diego,  Cal.;  conditions;  agreement  as  to  disputes;  improvements,  etc.,  by 
the  Government;  alterations,  etc.,  by  railway  company  not  required.  Sec. 
14,  Act  of  Aug.  8,  1917  (40  Stat.  268). 

Atlantic  &  Pacific  Railroad,  post  route  and  military  road.     See  Transportation 

Attorneys'  fees,  claims  for  pensions.     See  Pensions. 

Attorneys,  Philippine  Islands,  Araiy  officers  fjs  peace  officers  and.  See  Philip- 
pine Islands. 

Attorneys  practicing  befo?e  executive  departments  forbidden  to  use  names  of 
Members  of  Congress  or  otficers  in  advertising  their  business.    A^t  of  Apr.  27, 

1916  (39  Stat.  54), 

Auditor  for  War  Department,  account  of  Isthmian  Canal  Commission  audited 
by.     See  Isthmian  Canal  Commission. 


MILITABY   LAWS  OF   THK  UNITED  STATES,  1916.  543 

Baldwin  Locomotive  WorlvS,  and  certain  individuals,  authorized  to  change  and 
divert  t'haDnel  of  Cnim  River,  Pa.     Act  of  July  27,  1916  (3&  Stat.  393). 
New  channel  to  be  a  public  navigable  stream,  etc.     Id. 
Bayou  Meto,  Arkansas,  declared  nonnavigable.     Sec.  16,  Act  of  Aug.  8,  1917 

(•iO  Stitt  268). 
Bedloes   Island,  New   York   Harbor,   Secretary   of  War  authorized   to   accept 
funds  raised  by  New  York  World  by  i)opiiIar  subscription  for  construction 
of  electric  Jighting  plant  for  illumination  of  the  Statae  of  Liberty  oa    Sec.  5, 
Act  of  July  27,  1916  (39  Stat.  411). 
Betterton-Morgan   Company,   Incorporated,    may    construct  dock  on   tidelands 

at  Seattle,  Washington.    Sec.  12,  Act  of  Aug.  8,  1917  (40  Stat.  268.) 
Board  of  Managers,  National  Home  for  Disabled  Volunteer  Soldiers,  vacancies 
in  membership  of  not  to  be  filled  until  such  board  is  reduced  to  five,  etc. 
(S'ce  ^"ational  Home  for  Disabled  Volunteer  Soldiers. 
Board  of  Road  ConimissioQei*s,  Alaska.    See  Alaska. 

Bonds,    issues   of   to   meet    expenditures   for    nationjil   security    and   defense. 
Sees.  1-8,  Act  of  Apr.  24,  1917  (40  Stat.  30-37). 
Additional  issue  autliorized,  and  the  borrowing  of  money,  etc.     Sees.  1-12, 
Act  of  Sept.  24,  1917  (40  Stat.  288-295). 
Bridges,  dams,  etc.,  over  navigable  waters.    See  Corps  of  Engineers. 
Bridges,  obstruction  of  navigable  waters  by,  regulations  for  use  of  drawbridges, 

etc.    See  Corps  of  Engineers- 
Building  for  Government  exhibit  on  Presidio  of  Siin  Francisco  military  reser- 
vation and  use  of  building  after  exhibit.    See  Panama-Pacific  International 
Exposition. 
California  Debris  Commission.    See  Corps  of  Engineers. 

California,   temporary   cession   of   jurisdiction   to    State   of   over   portions   of 
Presidio   of  San   Francisco   and   Fort   Mason   Military  Reservations   during 
occupancy  for  expositioa  purpjses.     See  Panama-Pacific  International  Ex- 
position. 
California  University,  transfer  of  site  of  Palace  of  Fine  Arts  to  in  exchange  for 

other  lands.    Act  of  May  12,  1917  (40  Stat.  57). 
Canal  Zone: 

Automobiles,  penalty  for  operating  in  violation  of  regulations  lor  licensing 

and  taxing.     Sec.  5,  Act  of  Aug.  21,  1916  (39  Stat.  528). 
Breach  of  the  peace,  unlawful  to  commit  a.     Sec.  4,  Act  of  Aug.  21,  1916 

(39  Stat.  528). 
Business  or  trade,  penalty  for  conducting  in  violation  of  regulations  rela- 
tive to.    Sec.  5,  Act  of  Aug.  21,  1916  (39  Stat.  528). 
Civil  governnsent  of.    See  aUo  Panama  Canal. 
Consolidation  of  Zone  government,  railroad,  and  canal  funds.    See  Panama 

Canal. 
Consular  officers  of  United  States  in  foreign  ports,  powei-s  of  in  respect  to 
seamen  conferred  on  shipping  commissioner,  etc.     Sec.  9,  Act  of  Aug.  21, 
1916  (39  Stat.  529). 
Customs  duties  on  imports  from.    Sec  Panama  Canal. 
Cnsctoras  officers,  fees  of  for  certificates,  etc.,  or  notarial  service.     Sec.  8, 

Act  of  Aug.  21,  1916  (39  Stat.  528). 
DeiTosit  money  orders,  interest  on  payable  from  bank  interest  on  nwney 

onler  funds.    Sec.  T,  Act  of  Aug.  21,  1916  (39  Stat  528). 
l3eposit  money  orders  issued  in  lieu  of  postal  savings  certificates  to  bear 

interest.    Sec.  6,  Act  of  Ang.  21,  1916  (39  Stat.  528). 
Disoi-derly,  indecent,  or  immoral  conduct,  unlawful  to  engage  in  or  permit. 
Sec.  4,  id. 


544  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

Canal  Zone — Continued. 

Fees  of  customs  officers  for  certifrcates  or  notarial  service.     Sec.  8,  id. 
Health  regulations  to  be  prescribed  by  President.     Sec.  1,  Act  of  Aug.  21, 

1916   (39  Stat.  527). 
Immigration   regulations   as   to   persons    entering  or   passing   over.      Sec. 
10,  id.  529. 
Detention  and  return  of  persons  entering  in  violation  of  regulations.    Id. 
Fine  imposed  on  vessels  for  violation  of  regulations.    Id.  • 
Penalty  for  violation  of  regulations.    Id. 

Vessels  required  to  return  persons,  withholding  of  clearance,  etc.     Id. 
Immoral,  indecent,  or  disorderly  conduct,  unlawful  to  engage  in  or  permit. 

Sec.  4,  id.,  528. 
Injury  or  obstruction  to  Panama  Canal  or  locks.     Sec.  10,  id.  529. 
Penalty  for.    Id.  -' 

Penalty  for  where  act  causes  death  of  any  person.    Id. 
Interest,  deposit  money  orders  issued  in  lieu  of  postal  savings  certificates 

to  bear.     Sec.  6,  id.  528. 
Interest  on  deposit  money  orders  to  be  paid  from  bank  interest  on  money 

order  funds.     Sec.  7,  id. 
Leases  of  land  in.    See  Isthmian  Canal  Commission. 
Leases  of  public  lands  in.    See  Panama  Canal. 
Naval  radio  stations  on.     See  Panama  Canal. 

Notarial  service,  fees  of  customs  officers  for  performing.    Sec.  8,  id. 
Panama  Canal  or  locks,  injury  to  or  obstruction  of.    Sec.  10,  id.  529. 
Penalty  for.     Id. 

Penalty  for  where  act  causes  death  of  any  person.    Id. 
Police  power,  rules  and   regulations  for   asserting  and  exercising.     Sec. 

4,  id.  528. 
Police  regulations,  penalty  for  violating.    Sec.  5,  id. 
Postal  savings  certificates,  deposit  money  orders  issued  in  lieu  of  to  bear 

interest.     Sec.  6,  id.  528. 
Postal  service  losses,  payable  from  bank  interest  on  money  order  funds. 

Sec.  7,  id. 
Quarantine  regulations  to  be  prescribed  by  President     Sec.  1,  id.  527. 

Penalty  for  violating.     Id. 
Revenues,  distribution  of.    See  Panama  Canal. 
Pwoads  and  highways,  regulations  for  use  of.    Sec.  3,  id.  528. 

Automobile  taxes  may  be  graded  according  to  value  or  power  of  ma- 
chine.    Id. 
Licensing  and  taxing  operation  of  self-propelled  vehicles.    Id. 
Republic  of  Panama,  mutual  agreement  with  for  reciprocal  use  of.    Id. 
Speed   limit,   signals,    tags,    license   fees,    etc.,    for   self-propelled    ve- 
hicles.    Id. 
Vehicles,  self-propelled,  regulations  for  operation  of.    Id. 
Sanitary  regulations  to  be  prescribed  by  the  President.     Sec.  1,  id.  527. 

Penalty  for  violating.     Id. 
Seamen  of  vessels,  powers  of  consular  officers  as  to  when  on  foreign  voyages 

conferred  on  shipping  commissioner,  etc.    Sec.  9,  id.  529. 
Shelter,   temporary,   of  troops  on.     Use  of  portion   of   appropriation   for 
acquisition   of   site    and    construction    of    supply    depots    at    Fort    Sam 
Houston,  Tex.,  for  providing.    Act  of  Aug.  29,  1916  (39  Stat.  636). 
No  part  of  moneys  so  appropriated  to  be  used  for  payment  of  commuta- 
tion of  fuel  or  quarters  to  officers  or  enlisted  men.    Id. 


1915.  545 

Canal  Zone — Continued. 

Shipping   commissioner    and    deputy    shipping   commissioners,   powers    of 
United  States  consuls  in  foreign  ports  as  to  American  seamen  conferred 
on.    Sec.  9,  act  of  Aug.  21,  1916  (39  Stat.  529). 
Taxes,  ad  valorem,  excise,  license,  and  franchise.    President  to  change  regu- 
lations for  levying,  assessing,  and  collecting.    Sec.  2,  id.  528. 
Ad  valorem  taxes,  maximum  rate  of.    Id. 
Excise  taxes,  maximum  rate  of.     Id. 
Franchise  taxes,  maximum  rate  of.    Id. 
Taxes,  penalty  for  conducting  business,  etc.,  in  violation  of  regulations 

relative  to.     Sec.  5,  id. 
Vehicles,  self-propelled,  penalty  for  operation  of  in  violation  of  regulations 
for  licensing  and  taxing.     Sec.  5,  id. 
Cape  Cod  Canal,  Massachusetts.     See  Rivers  and  harbors. 
Cession   of  jurisdiction,   temporary,   to   State  of  California   over  portions   of 
Presidio  of  San  Francisco   and  Fort  Mason  Military  Reservations   during 
occupancy  for  exposition  purposes.     See  Panama-Pacific  International  Expo- 
sition. 
Chicago  River,  Illinois,  report  of  survey  of  harbor  encroachments  required. 

Sec.  11,  act  of  Aug.  8,  1917  (40  Stat.  267). 
Chickamauga  and  Chattanooga  National  Military  Park.    See  National  military 

parks. 
Chief  of  Engineers : 

Annual  report  of.    See  Corps  of  Engineers. 
Draftsmen  in  office  of.    See  Corps  of  Engineers. 

Grant  permission  to  the  Women's  Titanic  Memorial  Association  to  erect  a 
memorial  in  the  public  grounds.  District  of  Columbia,  to  the  heroes  of 
the  Titanic.    Sec.  7,  Act  of  Mar.  3,  1917  (39  Stat.  1046). 
Grant  permission  for  removal  of  statue  to  Admiral  Dupont  from  Dupont 
•     Circle,  Washington,  D.  C,  etc.     Act  of  Feb.  26,  1917,  Pub.  Res.  No.  51 
(39  Stat.  944). 
Index  to  annual  reports  of,  from  1866  to  1917,  inclusive,  printing  of  1,500 
copies  authorized.    Sec.  4,  Act  of  July  27,  1916  (39  Stat.  411). 

Amended  to  include  additional  matter.    Sec.  10,  Act  of  Aug.  8,  1917  (40 
Stat.  267). 
Rules  and  regulations  governing  enforcement  of  anchorage  grounds  in  har- 
bors, bays,  etc.,  to  be  enforced  by,  at  ports  or  places  where  no  revenue 
cutter  is  available,  etc.    See  Rivers  and  harbors. 
Transportation  of  heavy  freight  on  certain  reaches  of  the  Mississippi  River 
at  all  stages  of  water  with  certain  types  of  tows  and  barges,  experiments 
by  or  by  board  appointed  by  Secretary  of  War.    Act  of  July  27,  1916  (39 
Stat.  403). 
Chief  of  Ordnance : 

American  manufacture,  all  purchases  of  supplies  for  manufacture  of  arms, 
ammunition,  etc.,  to  be  of,  unless  it  is  to  the  manifest  interest  of  Govern- 
ment to  purchase  limited  quantities  abroad.     Sec.  2,  Act  of  July  6,  1916 
(39  Stat.  350). 
Appropriation  for  rental  or  repair  of  building  for  drafting  force  in  office  of. 

Sec.  4,  id. 
Arsenals,  Government,  to  be  operated  at  their  most  economical  rate  of  pro- 
duction, except  where  a  special  exigency  requires  the  operation  of  a  por- 
tion of  the  arsenal's  equipment  at  a  different  rate.    Sec.  7,  id.  351. 

64208°— 18 35 


546  MILIIAEY   LAWS   OF    THE   UiS^ITED   STATES,   1915. 

Chief  or  Ordnance — Continued. 

Draftsmen,  employment  of  services  of  skilled  and  such  other  services  as 

the  Secretary  of  Wsir  may  deem  necessary,  but  the  numljer  of  persons  so 

employed,  their  duties,  and  compensation  shall  be  reported  to  Congress 

each  year  with  the  estimates.    Act  of  May  10,  1916  (39  Stat.  91). 

Powder,  price  to  be  paid  for,  other  than  small-arms.     Sec.  5,  Act  of  July  S, 

1916  (39  Stat.  350). 
Purchase  of  materials  from  private  manufactures,  maximum  price  to  be 
paid  in  excess  of  cost  to  Government  to  manufacture ;  limitation  may  be 
waived  in  case  of  emergency.    Sec.  6,  id. 
Time  study,  etc.,  of  any  job  of  work  not  to  be  made  by  any  officer,  manager, 
superintendent,  or  foreman.    Sec.  7,  id.  351. 
China,  grant  leave  of  absence  to  officer  of  Corps  of  Engineers  to  assist  Republic 

of,  in  reclamation  work.    See  Details  of  Army  officers. 
Citizenship : 

Children  of  citizens  born  abroad.    Sec.  1993,  R.  S.,  replaced  by  sec  6,  Act  of 

Mar.  2,  1907  (34  Stat.  1229). 
Defined.    Sec.  1992,  R.  S. 
Expatriation,  right  of.    See.  1999,  R.  S.,  as  amended  by  sec.  2,  Act  of  Mar. 

2,  1907  (34  Stat.  1228). 
Married  women.     Sec.  1994,  R.  S.,  as  amended  by  sec.  3,  Act  of  Mar.  2,  1907 

(34  Stat.  1228). 
Naturalized  citizens  protected  in  foreign  States.     Sec.  2000,  R.  S. 
Oregon,  persons  born  in.     Sec.  1995,  R.  S. 
Penalty  for  false  certificate  as  to.     See  Naturalization. 
Pension  claims.     See  Pensions. 
Release  of  citizens  imprisoned  by  foreign  Governments.     Sec.  2(X)1,  R.  S.,  as 

amended  by  sec.  1,  Act  of  Mar.  2,  1907  (34  Stat.  1228). 
Widow  and  dependent  children  of  declarant.    See  Naturalization. 
Civil  authorities,  Pliilippine  Islands.  , 

Army  to  aid.     See  Philii^pine  Islands. 

Not  to  interfere  with  military  administration  of  lands  reserved  for  military 
purposes.    See  Philippine  Islands. 
Civil  government.  Canal  Zone.     See  Panama  Canal. 
Civil  government,  Porto  Rico.     See  Porto  Rico. 
Civil  office,  military  employees  not  to  hold  or  exercise  duties  of  United  States 

commissioner.     Sec.  20,  Act  of  May  28,  1896  (29  Stat.  184). 
Civil  service,  pension  withheld,  payment  of.     See  Pensions. 

Civil  service,  Philippine  Islands,  scope  and  effect  of  Act,  etc.     See  Philippine 
Islands. 
Civil  War : 

Memorial  monument  to  commemorate  the  women  of  the.  Contributions  by 
the  Government  for  site  and  building;  commission  to  approve  site  and 
plans  and  to  supervise  expenditures ;  Commission  of  Fine  Arts  also  to  ap- 
prove plans;  memorial  to  be  permanent  headquarters  of  the  American 
Red  Cross;  and  American  Red  Cross  to  be  charged  with  and  responsible 
for  care,  keeping,  and  maintenance  of  memorial  and  grounds,  but  title  to 
site  and  building  to  be  in  United  States.  Act  of  Oct.  22,  1913  (38 
Stat.  233). 
Military  telegraph  operators,  record  and  cei-tificate  of  service  to  persons 

who  served  as.     Act  of  Jan.  26,  1897  (29  Stat.  497). 
Militia,  crediting  for  arms  and  ordnance  stores  issu«d  during.     Sec  IMilitia. 
<:^oaling  and  naval  stations  in  Cuba.     See  Cuba. 
Coal  mines,  Alaska,  United  States  option  on  output  of  certain.     See  Alaska. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915.  547 

Coast  and  Geodetic  Survey: 

Detail  of  Army  officers  for  topographical  parts  of  work.     See  Details  of 
Army  officers. 

Allowance   of   subsistence   while   so   detailed.     See   Details   of   Army 
officers. 
President  authorized  to  employ  all  persons  in  land  and  naval  service  in 
connection  with  work  of.     See  Army. 
Coastwise  vessels: 

Exemption  from  tolls  of  Panama  Canal  repealed.     See  Panama  Canal. 
Philippine  Islands,  licenses  to  harbor  vessels  and.     See  Philippine  Islands. 
Colombia,  Republic  of,  right  of  way  from.    See  Panama  CanaL 
(Colored  and  Indian  soldiers,  widows  of.    See  Pensions. 
Commandeering  of  plants,  etc.    See  Emergency  Shipping  fund. 
Commission  of  Fine  Arts : 

Appropriations  for  expenses  of.    Act  June  25,  1910  (36  Stat.  728)  ;  Act  Aug. 

24,  1912  (37  Stat.  445). 
Approve  plans  for  the  memorial  monument  to  commemorate  the  women  of 

the  Civil  War.     Act  of  Oct.  22,  1913  (38  Stat.  233). 
Established;  members;  appointment;  duties;  expenses.     Act  May  17,  1910 

(36  Stat.  371).  . 

George  Washington  memorial  building  plans  to  be  approved  by.     Sec.  10, 
Act  Mar.  4,  1913   (37  Stat.  881). 
Commissioners  of  the  District  of  Columbia,  appointment  of  civil  commissioners, 

etc.     See  Corps  of  Engineers. 
Commissioners,  United  States,  military  employees  not  to  hold  or  exercise  duties 

of.     See  Civil  office. 
Common  carriers: 

Duties  of,  with  respect  to  animals  in  transit.     Act  June  29,  1906  (34  Stat. 

607). 

Engaged  in  interstate  and  foreign  commerce,  establishment  of  an  8-hour 

day  for  employees  of.     Sees.  1-4,  Act  of  Sept.  3-5,  1916  (39  Stat.  721). 

Military  stores — loss  or  damage ;  moneys  credited  to  proper  appropriations. 

Act  Mar.  2,  1905   (33  Stat.  840). 

Commutation,  payment  to  persons  who  can  not  use  artificial  limbs.     See  Medical 

Department. 
Conduit  Road,  Chief  of  Engineers  authorized  to  regulate  traffic,  etc.     See  Wash- 
ington Aqueduct  under  Corps  of  Engineers. 
Confederate  dead,  marking  graves  of,  in  all  national  cemeteries  and  cemeteries 
at  Federal  military  stations  or  locations  throughout  the  country.    See  Mark- 
ing graves  of  Confederate  dead. 
Confederate  Veterans.     See  United  Confederate  Veterans. 
Confederate  Veterans'  Association  reunion.  District  of  Columbia,  1917.     Ap- 
propriation for,  loans  to,  etc.     Sees.  1-6,  Feb.  26,  1917.     Pub.  Res.  50   (39 
Stat.  942). 
Congress,  U8e  of  names  of  Members  of,  by  attorneys  practicing  before  executive 

departments.  Act  of  Apr.  27,  1916  (39  Stat  54). 
Contracts  and  purchases.  See  Corps  of  Engineers. 
Corps  of  Engineers: 

Alabama,  certain  rivers  in,  free  from  tolls.     Sec.  5244,  R.  S. 

Annual  report,  Chief  of  Engineers.     Sec.  8,  Act  of  Aug.  11,  1888  (23  Stat. 

400). 
Aqueduct  Bridge,  regulations  for  use  of.    Act  of  Mar.  3,  1875   (18  Stat. 
393). 


548  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

Corps  of  Engineers — Continued. 

Aqueduct  Bridge,  Secretary  of  War  authorized  to  replace  existing  struc- 
ture witli  new  bridge.     Sec.  1,  Act  of  May  18,  1916  (39  Stat.  163). 
Cost  of  construction,  liow  apportioned.     Sec.  6,  id.  164. 
Engineers  and  others  may  be  employed  in  construction  of.     Sec.  3, 

id.    163. 
Highway  for  traffic,  and  use  for  gas  and  water  mains,  power,  telephone 

and  telegraph  wires,  etc.     Sec.  5,  id.  164. 
Land  necessary  for,  to  be  acquired  by  condemnation  proceedings.     Sec. 

2,  id.  163. 
Plans,  appropriation  for,  and  restrictions  as  to,  etc.     Sec.  4,  id. 
Repairs  may  be  made  to  old  bridge  while  new  is  under  construction. 

Sec.  7,  id.  164. 
Washington  &  Old  Dominion  Railway,  conditions  and  terms  on  which 
it  is  granted  use  of  the  bridge.     Sec.  5,  id. 
Bayou  Meto,  Ai-kansas,   declared  nonnavigable.     Sec.  16,  Act  of  Aug.  8, 

1917   (40  Stat.  268). 
Bridges,  dams,  etc.,  over  navigable  waters.     Sec.  9,  Act  of  Mar.  3,  1899  (30 

Stat.  1150). 
California  Debris*  Commission — 

Annual  report.     Sec.  7,  Act  of  Mar.  1,  1893  (27  Stat.  508). 
Appropriations  by  State,  receipt  and  use  of.    Act  of  July  1,  1898  (30 

Stat.  631). 
Compensation  of  employees  of.     Sec.  4,  Act  of  Mar.  3,  1899   (30  Stat. 

1150). 
Conditions  as  to  commencing  operations.     Sec.  15,  Act  of  Mar.  1,  1893 

(27  Stat.  509). 
Conditions,  violation  of,  forfeiture.     Sec.  19,  Act  of  Mar.  1,  1893   (27 

Stat.  510). 
Creation  of,  appointments  to.     Sec.  1,  Act  of  Mar.  1,  1893   (27  Stat 

507). 
Debris  fund — 

Appropriations  from,  restraining  works.     Sec.  25,  Act  of  Mar.  1, 

1893  (27  Stat.  511). 
Created,  expenditures  by  commission.     Sec.  23,  Act  of  Mar.  1,  1893 
(27  Stat.  510). 
Debris  washed  away,  limit  of.     Sec.  17,  Act  of  Mar.  1,  1893  (27  Stat 

509). 
Decisions  of,  within  30  days.     Sec.  13,  Act  of  Mar.  1,  1893   (27  Stat 

508). 
Dumping  ground — 

Expenses  for  constructing,  allotment  of.     Sec.  16,  Act  of  Mar.  1, 

1893  (27  Stat  509). 
Petition  for,  contents,  etc.     Sees.  10  and  11,  Act  of  Mar.  1,  1893  (27 
Stat  508). 
Duties,  plans.     Sec.  4,  Act  of  Mar.  1,  1893  (27  Stat.  507). 
Employees,  compensation,  appointment.     Sec.  4,  Act  of  Mar.  3,   1899 

(30  Stat  1150). 
Floods  in  Sacramento  River,  jurisdiction  over  State  funds  for  control 

of.     Pars,  a-c.  Sec.  2,  Act  of  Mar.  I,  1917  (39  Stat.  949). 
Funds  appropriated  by  State,  United  States  Treasurer  to  receive.    Act 
of  June  3,  1896  (29  Stat  232). 


i.  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  549 

Corps  of  Engineers — Continued. 

California  Debris  Commission — Continued. 
Hydraulic  mines — 

Petition  must  be  filed  with  commission.     Sec.  23,  Act  of  Mar.  1, 

1893  (27  Stat.  510). 
Tax  on  gross  proceeds.     Sec.  23,  Act  of  Mar.  1,  1893  (27  Stat.  510). 
Hydraulic  mining— 

"Mining   by   hydraulic   process"    and    defined.      Sec.    8,    Act    of 

Mar.  1,  1893  (27  Stat.  508). 
Navigable  waters,  injuring,  penalty.     Sec.  22,  Act  of  Mar.  1,  1893 
(27  Stat.  510). 
Injury  to  works,  penalty.     Sec.  22,  Act  of  Mar.  1,  1893  (27  Stat.  510). 
Jurisdiction.     Sec.  3,  Act  of  Mar.  1,  1893  (27  Stat.  507). 
Labor,  hired,  work  may  be  done  by.    Act  of  Mar.  3,  1899   (30  Stat 

1148). 
Mines — 

Plans  of,  supervision,  etc.     Sec.  14,  Act  of  Mar.  1,  1893  (27  Stat 

509). 
Petition,  notice  of,  to  be  published.     Sec.  12,  Act  of  Mar.  1,  1893 

(27  Stat  508). 
Visiting,  inspection.     Sec.  20,  Act  of  Mar.  1,  1893  (27  Stat  510). 
Navigable  channels,  noting  condition  of.     Sec.  6,  Act  of  Mar.  1,  1893 

(27  Stat  508). 
Orders,  modifications,  etc.     Sec.  18,  Act  of  Mar.  1,  1893  (27  Stat  509). 
Public  lands  and  material,  use  of.     Sec.  21,  Act  of  Mar.  1,  1893   (27 

Stat  510). 
Recommendations  of,  appropriations.    Sec.  25,  Act  of  Mar.  1,  1893  (27 

Stat  511). 
Sacramento  River,  control  of  floods  in.    Pars,  a-c,  sec.  2,  Act  of  Mar. 

1,  1917  (39  Stat  949). 
Sites,  storage,  for  debris,  etc.,  survey  of.     Sec.  5,  Act  of  Mar.  1,  1893 

(27  Stat  507). 
State  commissioner  of  engineers,  commission  may  consult  with.     Sec. 

24,  Act  of  Mar.  1,  1893  (27  Stat  511). 
Works,  State  to  pay  contractor  one-half  cost.    Act  of  Mar.  3,  1899  (30 
Stat  1148). 
Canals- 
Operation  of,  tolls,  etc.    Sec.  4,  Act  of  July  5,  1884  (23  Stat.  147). 
Regulations  for  navigation  of,  to  be  posted.     Sec.  4,  Act  of  Aug.  17, 
1894  (28  Stat  362). 
Cape   Cod   Canal,   Massachusetts,   purchase   or   condemnation   authorized; 
joint  action  of  Secretaries  of  War,  Navy,  and  Commerce.     Sec.  4,  Act  of 
Aug.  8,  1917  (40  Stat  262). 
Chicago  River,  Illinois,  report  of  survey  of  harbor  encroachments  required. 

Sec.  11,  id.,  267. 
Cinore  River,  Mo.,  not  navigable.    Act  of  Mar.  23,  1900  (31  Stat  50). 
Civil  engineers — 

Employment  of.    Sec.  5253,  R.  S. 

Names  of,  employed  to  be  reported  to  Congress.    Sec.  8,  Act  of  Aug.  5, 

1886. 
Number,  duties,  and  compensation  to  be  reported  yearly  to  Congress 
with  the  annual  estimates.    Act  of  May  10,  1916  (39  Stat  92). 


550  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

Corps  of  Engineers — Continiiecl. 

Commissioners  of  the  District  of  Columbia — 

Appointment  of  civil  commissioners.     Sec.  2,  Act  of  June  11,  1S7S  (20 

Stat.  103). 
Engineer  commissioner — 

Assistants  (three)  authorized.    Act  of  Aug.  7,  1894  (26  Stat.  216). 
Authorization  of.  Act  of  June  11,  1878  (20  Stat.  103). 
Compensation.    Act  of  Mar.  3,  1881  (21  Stat.  460). 
Qualifications,  etc.    Joint  res.  7,  Dec.  24,  1890  (26  Stat.  1113). 
Estimates  of.    Act  of  June  11,  1878  (20  Stat.  104). 
Powers,  limitation.    Act  of  June  10,  1879  (21  Stat.  9). 
Salary.    Sec.  2,  act  of  June  11,  1878  (20  Stat.  103). 
Wharf  property,  control  of.    Act  of  Mar.  3,  1899  (30  Stat.  1377). 
Consolidated  items  of  river  and  harbor  work  with  aggregate  amount  appro- 
priated therefor,  allotments  to  respective  works,  and  disposition  of  bal- 
ances remaining  to  credit  of  separate  works  or  items,  etc.    Sec.  3,  Act  .of 
Mar.  4,  1915  (38  Stat.  1052). 
Contracts  and  purchases — 

Application  of  appropriations.     Sec.  3,  Act  of  Aug.  11,  1888   (25  Stat 

423). 
Lands,  condemnation  and  purchase  of.    Act  of  Apr.  24,  1888  (25  Stat. 
94). 
Contracts  for  forage,  Navasota  Transfer  Company  relieved  from.     Act  of 

May  12,  1917  (40  Stat.  75). 
Contract  work  authorized.    Sec.  3,  Act  of  Aug.  8,  1917  (40  Stat.  261). 
Des  Moines  River,  free  from  tolls.    Sec.  5246,  R.  S. 

Donation  of  funds  to  be  expended  with  public  funds  for  improvement  of 
rivers  and  harbors,  Secretary  of  War  authorized  to  receive  from  private 
parties.    Sec.  4,  Act  of  Mar.  4,  1915  (38  Stat.  1053). 
Draftsmen,  etc.,  in  office  Chief  of  Engineers.    Act  of  May  28,  1896  (29  Stat. 

163). 
Draftsmen,  skilled,  civil  engineers,  and  such  other  services  as  the  Secretary 
of  War  may  deem  necessary  may  be  employed  only  in  the  office  of  the 
Chief  of  Engineers,  but  the  number  so  employed,  their  duties  and  com- 
pensation, shall  be  reported  to  Congress  each  year  with  the  annual  esti- 
mates.    Act  of  May  10,  1916  (39  Stat.  92). 
Dredging,  restriction  on.*  Sec.  5,  Act  of  July  13,  1892  (27  Stat.  111). 
Establish  anchorage  grounds  in  all  harbors,  rivers,  bays,  and  other  navi- 
gable waters,  Secretary  of  War  authorized  to  define  and.     Sec.  7,  Act  of 
Mar.  4,  1915  (38  Stat.  1053). 

Rules  and  regulations  governing,  to  be  enforced  by  the  Chief  of  Engi- 
neers at  ports  or  places  where  no  revenue  cutter  is  available,  etc. 
Sec.  7,  Act  of  Mar.  4,  1915  (38  Stat.  1053). 
Executive  Mansion — 

Furniture  for.     Sec.    1829,   R.    S. 

Inventory  of  property  in.     Act  of  Apr.  17,  1900  (31  Stat.  97). 
Fishways,  authority  for  construction  of.     Sec.  11,  Act  of  Aug.  11,  18SS  (23 

Stat.  425). 
Fortifications,  injuries  to  mines,  torpedoes,  etc.     Act  of  July  7,  1898   (30 

Stat.  717). 
Funds  contributed  in  excess  of  actual  cost  of  work  may  be  returned  to  rep- 
resentatives of  contributing  interests  upon  approval  of  Secretary  of  War, 
etc.     Sec.  4,  Act  of  Mar.  4,  1915   (38  Stat  1053). 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  551 

Corps  of  Engineers — Continued. 

Grant  leave  of  absence  to  officer  of,  to  assist  Republic  of  China  in  reclama- 
tion work.    See  Details  of  Army  officers. 
Harbor  lines — 

Establishment  of,  by  Secretary  of  War.     Sec.  11,  Act  of  Mar.  3,  1899 

(30  Stat.  1151). 
Extensions,  permits  for.     Sec.  11,  Act  of  Mar.  3,  1899  (30  Stat.  1151). 
Harbor  regulations  for  the  District  of  Columbia — 

Deposits  on  shores  of  Potomac  River  prohibited.     Act  of  May  19,  1896 

(26  Stat.  126). 
Deposits  in  Potomac  River,  unlawful,  forbidden.    Sec.  2,  Act  of  May  19, 

1896   (29  Stat.  126). 
Establishment  of  harbor  lines.     Sec.  3,  Act  of  Mar.  3,  1899   (30  Stat 

1378). 
Limitation  of.     Sec.  4,  Act  of  May  19,  1896  (29  Stat.  126). 
Violation  of,  penalty.     Sec.  3,  Act  of  May  19,  1896  (29  Stat.  126). 
Index   to   annual  reports  of  Chief  of  Engineers  from   1866  to  1917,  in- 
clusive, printing  of  1,500  copies  authorized.     Sec.  4,  Act  of  July  27,  1916 
(39  Stat.  411). 
Amended  to  include  additional  matter.     Sec.  10,  Act  of  Aug.  8,  1917  (40 
Stat.  267). 
Injury  to  public  works   (see  subhead  Public  works). 
Iowa  River,  portion  declared  not  navigable.     Sec.  5248,  R.  S. 
Isthmijin  Canal  Commission — 

Duties.     Sec.  3,  act  of  Mar.  3,  1899  (30  Stat.  1150). 
Funds  for  support  of.     Sec.  5,  Act  of  Mar.  3,  1899  (30  Stat.  1150). 
InvestigaUous,  report  of.     Sec.  6,  Act  of  Mar.  3,  1899  (30  Stat.  1150). 
Lighthouses — 

Contracts  for  erection  of.    Acts  of  Aug.  31,  1852  (10  Stat.  120)  ;  Mar. 

2,  1867   (14  Stat.  452). 
Inspectors.     Sec.  4671,  R.  S. 

Superintendent  of  construction,  etc.     Sec.  4664,  R.  S. 
Lighthouse  Board — 

Compensation  of  officers  on.    Sec.  4679,  R.  S. 
Members  not  to  be  interested  in  contracts.    Sec.  4680,  R.  S. 
Oigauizatiou.    Sec.  4653,  R.  S. 
Louisiana,  navigable  rivers  in,  public  highways.    Sec.  5251,  R.  S. 
IMaquoketa  River,  construction  of  bridges  across.    Sec.  5250,  R.  S. 
Minnesota  and  North  and  South  Dakotas,  consent  of  Congress  to  improve- 
ment of  boundary  waters  by.    Sec.  5,  Act  of  Aug.  8,  1917  (40  Stat.  266). 
Missouri  River  Commission — 

Creation;  composition;  duties.    Act  of  July  5,  1884  (23  Stat.  144). 
Expenditure  of  appropriations,  supervision  o£     Act  of  July  5,  1884 
(23  Stat.  144). 
Mississippi  River.     {See  also  Mississippi  River.) 

Chief  of  Engineers  or  board  appointed  by  Secretary  of  War  to  experi- 
ment with  transportation  of  heavy  freight  on  certain  reaches  of,  with 
certain  type  of  tows  and  barges  at  all  stages  of  water.    Act  of  July 
27,  1916  (39  Stat.  403). 
Control  of  floods  in.     Pars,  a-il,  sec.  1,  Act  of  Mar.  1,  1917  (39  Stat. 

948). 
Material  for  improvements,  how  obtained.    Sec.  6,  Act  of  July  5,  1884 
(23  Stat.  148). 


552  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

Corps  of  Engineers — Continued. 
Mississippi  River — Continued. 

Piers  and  cribs.     Sec.  5254,  R.  S.,  as  amended  by  Act  of  :May  1,  1882 

(22  Stat.  52). 
Snagboats,  operation  of,  on  upper  Mississippi.     Sec.  7,  Act  of  Aug.  11, 

1888  (25  Stat.  424). 
South  Pass — 

Location  and  extent  of  regulations  for  navigation  of.     Sec.  5,  Act 
of  Aug.  11,  1888  (25  Stat.  424)  ;  sec.  3,  Act  of  Sept.  19,  1890  (26 
Stat.  452). 
Surveys,  appropriations  for,  made  permanent.    Sec.  4,  Act  of  Aug. 
11,  1888  (25  Stat.  424). 
Water  gauges  on,  and  tributaries.    Sec.  5252,  R.  S. 
Mississippi  River  Commission — 

Creation,  composition.    Act  of  June  28,  1879  (21  Stat.  37). 

Duties,  report.    Sees.  3,  4,  and  5,  Act  of  Feb.  18,  1901  (31  Stat.  792). 

Headquarters,  location  general  office.     Act  of  Feb.  18,  1901   (31  Stat. 

792). 
Mississippi  River  and  certain  of  its  tributaries  placed  under  jurisdic- 
tion of.    Act  of  July  27,  1916  (39  Stat.  402). 
Ohio  River  improvement,  as  to  locks  and  dams,  etc.,  excepted  from 

jurisdiction  of.    Id. 
Salary  of  civilian  members  fixed  at  $5,000^    Sec.  4,  Act  of  Mar.  1,  1917 

(39  Stat.  951). 
Secretary,  detail  of  Engineer  officer  as.    Act  of  Feb.  18,  1901  (31  Stat. 
792). 
Mosquito  Creek,  South  Carolina,  declared  nonnavigable.     Sec.  15,  Act  of 

Aug.  8,  1917  (40  Stat.  268). 
Muskingum  River,  Ohio,  relief  of  lessees  on  whose  property  was  destroyed 

by  Ohio  Valley  flood  of  March,  1913.    Act  of  Aug.  1,  1914  (38  Stat.  637). 
Navigable  waters  of  the  United  States.     {See  also  Navigable  waters.  Rivers 
and  harbors.) 
Alabama,  certain  rivers  in,  free  of  tolls.    Sec.  5244,  R.  S. 
Cinore  River,  Mo.,  not  navigable.    Act  of  Mar.  23,  1900  (31  Stat.  50). 
Crum  River,  Pa.,  Baldwin  Locomotive  Works,  and  certain  individuals, 
authorized  to  change  and  divert  channel  of,  etc.    Act  of  July  27,  1916 
(39  Stat.  393). 
New  channel  to  be  public  navigable  stream,  etc.    Id. 
Deposits  in.     Sec.  13,  Act  of  Mar.  3,  1899  (30  Stat.  1152). 
Des  Moines  River,  free  from  tolls.    Sec.  5246,  R.  S. 
Drawbridges,  regulations  for  use  of.     Sec.  5,  Act  of  Aug.  17,  1894 

(28  Stat.  362). 
Government  pier  in  Delaware  Bay  near  Lewes,  Delaware,  to  be  open 
to  public  under  regulations  to  be  prescribed  by  Secretary  of  War. 
Act  of  July  27,  1916  (39  Stat.  394). 

Repeal  of  provision  authorizing  transfer  of,  to  Treasury  Depart- 
ment.    Id. 
Iowa  River,  not  navigable.    Sec.  5248,  R.  S. 

**  Kyle  and  Young  Canal "  and  the  "  Morrison  Landing  extension  "  of 
the  same,  on  the  Oklaw^aha  River,  Fla.,  acceptance  by  Secretary  of 
War  of  title  to  land  and  navigation  Improvement  of.  Act  of  July  27, 
1916  (39  Stat.  396). 

Canal  and  extension  to  become  public  waterway  of  United  States. 
Id. 


MILITARY  LAWS  OF   THE  UNITED   STATES,  1915.  553 

Corps  of  Engineers — Continued. 

Navigable  waters  of  the  United  States — Continued. 

Ijouisiana,  navigable  rivers  in;  public  higliways.     Sec.  5251,  R.  S. 
Maquoketa  River,  construction  of  bridges  across.    Sec.  5250,  R.  S. 
Obstruction  of,  by  bridges,  etc.     Sec.  18,  Act  of  Mar.  3,  1899  (30  Stat. 

1153). 
Public  works,  unauthorized  use  of.     Sec.  14,  Act  of  Mar.  3,  1899   (30 

Stat.  1152). 
Within  public  lands  to  be  public  highways.    Sec.  2476,  R.  S. 
Navigation,  obstructions  to — 

Drawbridges,  regulations  for  operation  of.     Sec.  5,  Act  of  Aug.   17, 

1894 '(28  Stat.  362). 
Floating  logs,  rafts,  etc:,  regulations  for.     Sec.  2,  Act  of  May  9,  1900 

(31  Stat.  172). 
Penal  clauses — 

Anchoring  vessels,  etc.  Sec.  15,  Act  of  Mar.  3,  1899  (30  Stat.  1152). 
Dumping  refuse,  etc.  Sec.  16,  Act  of  Mar.  3,  1899  (30  Stat.  1152). 
Enforcement  of.   Department  of  Justice  to  conduct  proceedings. 

Sec.  17,  Act  of  Mar.  3,  1899  (30  Stat.  1153). 
Miscellaneous  obstructions.    Sec.  12,  Act  of  Mar.  3,  1899  (30  Stat. 

1151). 
Prohibited.     Sec.  10,  Act  of  Mar.  3,  1899  (30  Stat.  1151). 
Sunken  vessels.    Sec.  19,  Act  of  Mar.  3,  1899  (30  Stat.  1154). 
Wrecks,  removal  of,  appropriation.     Sec.  20,  Act  of  Mar.  3,  1899   (30 
Stat.  1154). 
New  York  Harbor —  « 

Boats  to  carry  name,  etc.,  painted.     Sec.  3,  Act  of  Aug.  18,  1894   (28 

Stat.  360). 
Bribing  inspector  or  other  ofRcer,  penalty.    Sec.  3,  Act  of  Aug.  18,  1894 

(28  Stat.  360). 
Dredged  matter,  disposal  of.     Sec.  4,  Act  of  June  29,  1888   (25  Stat. 

210). 
Dumping — 

At  unauthorized  places,  penalty.    Sec.  3,  Act  of  June  29,  1888  (25 

Stat.  209),  as  amended  by  sec.  3,  Act  of  Aug.  18,  1894    (28  Stat. 

360). 

Deposits,  injurious,  forbidden;  penalty.     Sec.  3,  Act.  of  Aug.  5, 

188a  (24  Stat.  329)  ;  Sec.  1,  Act  of  June  29,  1888  (25  Stat.  209). 

Permits  for,  return  of,  penalty.     Sec.  3,  Act  of  Aug.  18,  1894  (28 

Stat.  360). 
Supervisor  to  designate  place  of,  permits.     See.  3,  Act  of  June  29, 
1888  (25  Stat.  209)  ;  as  amended  by  Sec.  3,  Act  of  Aug.  18,  1894 
^     (28  Stat.  360). 
Fishing  in  ship  channels  forbidden,  penalty.     Sec.  2,  Act  of  Aug.  17, 

1894  (28  Stat.  360). 
Inspectors,   duties,   arrests,  procedure,  etc.     Sec.  3,  Act  of  Aug.   18, 

1894   (28  Stat.  360). 
Supervisor,  appointment,  duties.    Sec.  5,  Act  of  June  29,  1888  (25  Stat. 

210). 
Violation  of  act  relating  to — 

Punishment  of  officer  of  boat.     Sec.  2,  Act  of  June  29,  1888   (25 

Stat.  209). 
Proceedings,  arrests,  process.     Sec.  2,  Act  of  Aug.  17,  1894   (28 
Stat.  360). 


554  MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 

Corps  of  Engineers — Continued. 

Obstructions  to  navigation,    ^ee  Navigation,  obstructions  to  (under  Corps 

of  Engineers). 
Potomac  Park — 

Acquisition  of  lands  required  for  connecting  parkway  between  Poto- 
mac Park,  Zoological  Park,  and  Rock  Creek  Park;  limitation  as  to 
total  area  to  be  acquired ;  to  form  part  of  park  system  of  District  of 
Columbia,  etc.    Act  of  July  1,  1916  (39  Stat.  282). 
Ailanthus  ti*ees,  purchase  of.     Sec.  1830,  B.  S. 

Bank  of  the  Potomac,  control  of.    Act  of  Mar.  3,  1899  (30  Stat.  1106). 
Canal  spaces  added  to  park  system,  etc.    Act  of  Aug.  1,  1914  (38  Stat. 

633). 
Made  part  of  park  system.    Act  of  Aug.  1,  1914  (38  Stat.  634). 
Permits  by  Secretary  of  War  to  occupy  reservations,  etc.,  in  connection 
with  forty-ninth  encampment  of  the  G.  A.  R.    See  Grand  Army  of 
the  Republic 
Playground  for  children.    Act  of  Aug.  30,  1890  (26  Stat  371). 
Regulations  for  control  of.    Sec.  2,  Act  of  Mar.  3,  1899  (30  Stat.  1106). 
Restrictions  on  lagoons  or  speedways  in.     Act  of  Aug.  1,  1914    (38 

Stat.  634). 
Trees,  plants,  etc.,  to  be  propagated.    Act  of  June  20,  1878   (20  Stat. 

220). 
Watchmen  to  have  police  power.    Act  of  Aug.  5,  1882  (22  Stat.  2.57). 
Proceedings  to  secui-e  title  to  lands  to  be  given  for  improvements  by  State 
authorities,  etc.,  reimbursement  of  expenses.    Sec.  9,  Act  of  Aug.  8,  1917 
(40  Stat.  267). 
Public  buildings  and  grounds: 

Chief  of  Engineers  to  have  charge  of.    Sec.  1797,  R.  S. 
Employees.    Sec.  1799,  R.  S. ;  Act  of  Jan.  20,  1874  (18  Stat.  4). 
Estimates  and  appropriations  for.    Sec.  1798,  R.  S. 
Reports  ol  Superintendent  of.    Sec.  1812,  R.  S. 
Public  works,  unauthorized  use  of.     Sec.  14,  Act  of  Mar.  3,  1899  (30  Stat. 

lir)2). 
Public   works,   injury   to,   amendment  of   act,   civil   actions   not   affected. 

Sees.  3  and  4,  Act  of  May  9,  1900  (31  Stat.  172). 
Regulation  of  use  of  harbors,  etc.,  by  Secretary  of  War.     Sec.  7,  Act  of 
Aug.  8,  1917   (40  Stat.  266),  amending  sec.  4,  Act  of  Aug.  18,  1894  (28 
Stat.  362),  as  amended  by  sec.  11,  Act  of  June  13,  1902  (32  Stat.  374). 
Rentals  for  use  of  Government  plants  in  improvement  of  rivers  and  har- 
bors, disposition  of.     Sec.  13,  Act  of  Aug.  8,  1917  (40  Stat.  269). 
Report,  annual,  Chief  of  Engineers.     Sec.  8,  Act  of  Aug.  11,  1888  (25  Stat. 

400). 
Restrictions    on   private    contract    work   for   improvement   of   rivers    and 

harbors.    Sec.  6,  Act  of  Aug.  8,  1917  (40  Stat.  266). 
River  and  harbor  works.     {See  also  Rivers  and  harbors.) 

Preliminary  surveys,  estimates,  reports.    Act  of  Aug.  2,  1882  (22  Stat. 

213). 
Reports  of  deterioratiofc.    Sec.  7,  Act  of  Mar.  3,  1899  (30  Stat.  1150.) 
Statistics,  commercial,  to  be  supplied  superintendents.    Act  of  Feb.  21, 
1891   (26  Stat.  766). 
Saint  Marys  River,   Ohio  Diid  Indiana,  declared  nonnavigable.     Sec.   17, 
Act  of  Aug.  8,  1917  (40  Stat.  268). 


MILITARY   LAWS   OF   THE   UNITED  STATES,   1915.  555 

Corps  of  Engineers — Continued. 

San  Diego,  California,  Atchison,  Topeka  &  Santa  Fe  Railway  Company 
may  retain  wharf  at ;  conditions ;  agreement  as  to  disputes ;  improvement, 
etc.,  by  the  Government;  alterations,  etc.,  by  railway  company  not  re- 
quired.    Sec.  14,  Act  of  Aug.  8,  1917  (40  Stat.  269). 
Seattle,  Washington,  Betterman-Morgan  Co.,  Incorporated,  may  erect  dock 

on  tide  lands  of.    Sec.  12,  Act  of  Aug.  8,  1917  (40  Stat.  267). 
Secretary  of  War  authorized  to  appoint  a  board  of  three  officers  from,  to 
examine  and  appraise  the  value  of  the  work  and  franchises  of  the  East 
Coast  Canal  from  the  St.  Johns  River  to  Key  West,  Fla.,  with  reference 
to  purchasing  the  canal  and  the  construction  by  the  Government  of  a  free 
and  open  waterway,  etc.    Sec.  15,  Act  of  Mar.  4,  1915  (38  Stat.  lOoS.) 
South  Pass,  Mississippi  River ;  regulations  for  navigation  of.    Sec.  5,  Act  of 
Aug.  11,  1888  (25  Stat.  424)  ;  sec.  3,  Act  of  Sept.  19,  1890  (26  Stat.  452). 
Supply  depot  for,  acquisition  of  land  at  Fort  Sam  Houston,  Texas,  and  con- 
struction of.    Act  of  Aug.  29,  1916  (39  Stat.  636). 
Surveys,  restriction  on,  etc.     Sec.  2,  Act  of  Mar.  3,  1899  (30  Stat.  1149). 
Surveys,  specific  authority  required  for,  etc.     Sec.  4,  Act  of  Aug.  8,  1917 

(40  Stat.  261). 
Washington  Aqueduct : 

Appropriations  for,  how  expended.     Sec.  1802,  R.  S. 
Chief  of  Engineers — 

Decisions  of ;  right  of  appeal  to  Secretary  of  War.  Sec.  1811,  R.  S. 
to  Enforce  traffic  regulations  for  the  protection  of,  including  the 
Filtration  Plant  and  its  accessories,  and  the  Conduit  Road.  Act 
of  Sept.  1,  1916  (39  Stat.  693). 

.  Conduit  Road,  speed  limit  over,  within  District  of  Columbia, 
and  within  Maryland.    Id. 
Prosecution  in  the  police  courts  of  the  District  for  violation 

of  the  regulation  within  the  District  of  Columbia.     Id. 
Prosecutions  before  United  States  Commissioner  for  violation 
of  the  regulations  within  the  State  of  Maryland.    Id. 
to  Have  charge  of.     Sec.  1800,  R.  S. 
to  Receive  no  extra  compensation.     Sec.  1807,  R.  S. 
to  Regulate  water  supply.    Sec.  1810,  R.  S. 
Reports   of,    as   superintendent    of    Washington   Aqueiluct.      Sec. 

1812,  R.  S. 
to  be  Supplied,  stationery,  etc.     Sec.  1808,  R.  S. 
Miscellaneous  provisions: 

Diversion  of  water  prohibited.    Act  of  Mar.  3,  1893  (27  Stat.  544). 
Maliciously  making  water  impure.    Sec.  1806,  R.  S. 
Pipes  for  use  of  public  buildings.    Sec.  1805,  R.  S. 
Sui^erintendence    and    control    of,    including    its    rights,    appurte- 
nances,  and  fixtures,   to  remain   under  the   Secretary  of  War. 
Act  of  Sept.  1,1916  (29  Stat.  713). 
Unauthorized  opening  of  pipes;  penalty.     Sec.  1803,  R.  S. 
Use  of  water  in  public  buildings.     Act  of  Mar.  3,  1883  (22  Stat. 

615). 
Willful  breaking  of  pipes ;  penalty.    Sec.  1804,  R.  S. 
Record  of  property  to  be  kept.    Sec.  1809,  R.  S. 
Regulations  may  be  prescribed  by  president.    Sec.  1801,  R.*  S» 


556  MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 

Corps  of  Engineers — Continued. 

Wasliington  Aqueduct — Continued. 
Superintendent : 

Lands  about  reservoir  under  control  of.    Act  of  Mar.  3,  1875  (18 

Stat.  393). 
Reports  of.    Sec.  1812,  R.  S. 
Washington  Monument — 

Advertisement  or  sale  of  articles  in  or  around  proliibited  except  on 
written  authority  of  Secretary  of  War.    Acts  of  Feb.  9  and  Mar.  4, 
1909  (35  Stat.  615  and  997). 
Care  and  maintenance.    Act  of  Oct  2,  1888  (25  Stat.  533). 
Employees ;  extra  pay  prohibited.     Sec.  1835,  R.  S. 
Joint  commission  dissolved.     Act  of  Oct.  2,  1888  (25  Stat.  533). 
Washington  National  Monument  Society  continued.     Act  of  Oct.  2,  1888 
(25  Stat.  533). 
Waterways  Commission — 

Appropriation  for  expenses  of.     Sec.  18,  Act  of  Aug.  8,  1917  ^40  Stat. 

269). 
Authority  for  expenditures.     Id. 
Compensation  of  commission.     Id. 
Composition  of.     Id. 
Consideration  of  rights,  etc.,  of  United  States,  States,  etc.,  respecting 

proiX)sed  projects.     Id. 
Engineers,  technical  experts,  etc.,  to  be  employed.     Id. 
Report  of  plans  to  Congress.    Id. 

River  and  harbor  projects  not  interfered  with,  etc.     Id.,  270. 
Subjects  for  study,  etc.,  designated.     Id.,  269. 
Costa  Rica,  concessions  from.    See  Panama  Canal. 
Courts-martial : 

Accused  may  testify  before.     See  Military  tribunals. 
Closed  sessions  at  trials  before.     See  Military  tribunals. 
Reporters,  employment  of.     See  Military  tribunals. 
Punishment  of  spies.     See  Military  tribunals. 

Witnesses,  attendance  of,  refusal  to  testify.     See  Military  tribunal.?. 
Crum  River,  Pa.,  Baldwin  Locomotive  Works,  and  certain  individuals,  author- 
ized to  change  and  divert  channel  of,  etc.    Act  of  July  27,  1916  (39  Stat.  393). 
New  channel  to  be  a  public  navigable  stream,  etc.     Id. 
Cuba: 

Commercial  treaty  with,  not  affected  by  customs  act.    Sec.  3,  Act  of  Aug.  5, 

1909  (36  Stat.  83). 
Concessions  not  to  be  granted  by  United  States,  during  occupation.    Act  of 

Mar.  3,  1899  (30  Stat.  1074). 
Cuban  vessels  in  United  States  ports,  rights  of.    Act  of  Feb.  10,  1900  (31 

Stat.  27). 
Establishment  of  commission  to  adjudicate  claims  against  Spain.     Act  of 

Mar.  2,  1901  (31  Stat,  877). 
Imports  from,  reduction  in  duties  on.    Act  of  Dec.  17,  1903  (33  Stat.  3). 
Independence  of,  recognized.     J.  Res.  No.  24,  Apr.  20,  1898  (30  Stat.  738). 
Intervention  by  United  States,  authorized.     Act  of  Mar.  2,  1901  (31  Stat. 

895).. 
Isle  of  Pines,  title  to.     Act  of  Mar.  2,  1901  (31  Stat.  895). 
Public  debt  of,  restrictions  on.     Act  of  Mar.  2,  1901  (31  Stat.  895). 
Ratification  of  acts  of  United  States  during  occupancy.    Act  of  Mar.  2.  1901 
(31  Stat.  895). 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  557 

Cuba — Continued. 

Relinquishment  of  control  of,  by  United  States.    Act  of  Mar.  2,  1901   (31 

Stat.  895). 
Sales  of  rifles  and  ordnance  to,  permitted.    Act  of  Mar.  23,  1910  (36  Stat. 

261). 
Sanitation.    Act  of  Mar.  2,  1901  (31  Stat.  895). 
Stations,  coaling  and  naval,  of  United  States.     Act  of  Mar.  2, 1901  (31  Stat. 

895). 
Treaties  of,  restrictions  on.    Act  of  Mar.  2,  1901  (31  Stat.  895). 
Treaty  with  United  States  to  embody  certain  provisions.    Act  of  Mar.  2, 
1901   (31  Stat.  895). 
Customs  duties,  imports  from  Canal  Zone.     Bee  Panama  Canal. 
Dams,  bridges,  etc.,  over  or  across  navigable  waters,     ^ee  Corps  of  Engineers. 
Danish  West  Indian  Islands,  temporary  government  for.     Sees.  1-8,  Act  of 

Mar.  3,  1917  (39  Stat.  1132). 
Daughters  of  the  American  Revolution,  exemption  of  property  owned  by,  in 
District  of  Columbia  from  taxation.    Act  of  Aug.  15,  1916  (39  Stat.  514). 
Exemption  of  rectory,  parsonage,  or  other  pastoral  residence  from.     Id.  515. 
Debris  Commission,  California.     Bee  Corps  of  Engineers. 

Delaware  Bay,  Del.,  Government  pier  in,  near  Lewes,  to  be  open  to  public  under 
regulations  to  be  prescribed  by  Secretary  of  War.     Act  of  July  27,  1916  (39 
Stat.  394). 
Repeal  of  provision  authorizing  transfer  of,  to  the  Treasury  Department. 
Id. 
Department  of  the  Interior: 

Establishment  of.     Sec.  437,  R.  S. 

General  powers  and  duties  of  the  Secretary.     Sec.  441,  R.  S. 
Powers  and  duties  of  Secretary  in  relation  to  Territories.     Sec.  442,  R.  S. 
Details  of  Army  officers  {see  also  Army  officers)  : 

Accept  position  under  Government  of  Greater  Republic  of  Central  America. 

J.  Res.  No.  23,  Mar.  3,  1897  (29  Stat.  704). 
Active  or   retired,   with   Panama-California   Exposition,    San   Diego,   Cal. 

J.  Res.  No.  4,  of  Jan.  15,  1915  (38  Stat.  1221). 
Active  or  retired,  with  the  Panama-Pacific  International  Exposition.     Act 

of  Mar.  4,  1915  (38  Stat.  1065). 
Alaskan  railroads.     Lieut.  Frederick  Mears  to  assist  in  location  and  con- 
struction of.     J.  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 
Coast  and  Geodetic  Survey  work,  topographical  parts  of.     Sec.  4684,  R.  S. 

Allowance  of  subsistence  while  so  detailed.     Sec.  4688,  R.  S. 
Engineer  officers  to  assist  Mississippi  River  Commission.     Sees.  3  and  6, 

act  of  June  28,  1879  (21  Stat.  38). 
Engineer  officers  to  assist  Missouri  River  Commission.    Act  of  July  5,  1884 

(23  Stat.  144). 
Engineer  officers  to  superintend  construction  of  lighthouses.     Sec.  4664,  R.  S. 
Governor  of  the  West  Indian  Islands.     Sec.  1,  act  of  Mar.  3,  1917  (39  Stat 

113). 
Grant  leave  of  absence  to  officer  of  Corps  of  Engineers  to  assist  Republic  of 
China  on  reclamation  work  of  the  Huai  River ;  termination  of  detail,  pay 
during  absence,  etc.     J.  Res.  No.  18,  May  22,  1914  (38  Stat.  772). 
Indian  education.     Sec.  7,  act  of  June  23,  1879  (21  Stat.  35). 
Indian  industrial  and  training  school.    Act  of  July  31,  1882  (22  Stat.  181). 
Medical  officer  with  Red  Cross.    Act  of  Mar.  3.  1911  (36  Stat.1041). 
Ordnance  officers  for  Geological  Survey.    Act  of  June  16,  1880   (21  Stat 
274). 


558  MILITARY  LAWS  OF    THE  UNITED  STATES,   1915. 

Details  of  Army  Officers  (see  also  Army  officers) — Continued. 

Panama-Pacific    International    Exposition,    prohibition    against   details    to 

other  service  not  applicable  to,  allowances  for  in  lieu  of  transportation 

and  mileage,  etc.     Act  of  June  23,  1913  (38  Stat  76). 

Details  of  officers  and  enlisted  men  of  Navy  and  Marine  Corps  to  serve  under 

the  Government  of  the  Republic  of  HaitL     Sees.  1-5,  act  of  June  12,  1916 

(39  Stat.  223). 

Discharge,  Army  officers  accountable  for  public  property  to  obtain  certificates 

of  nonindebtedness  before.     See  Public  property. 
District  of  Columbia  (see  also  this  title  under  Corps  of  Engineers)  : 
Anacostia  River  and  Flats — 

Acquisition  of  additional  land  in  connection  with  reclamation  and  de- 
velopment of.     Act  of  Mar.  3,  1917  (39  Stat.  1040). 
Adjustment  of  boundaries  and  exchange  of  lands  with  the  Philadelphia, 
Baltimore  and  Washington  Railroad.     Act  of  Mar.  3,  1917  (30  Stat 
1041). 
Appointment  of  commissioners,  estimates,  etc.     See  Corps  of  Engineers. 
Aqueduct  Bridge,  new.    See  Aqueduct  Bridge  under  Corps  of  Engineers. 
Authority  to  the  American  Society  of  Civil  Engineers  to  erect  a  memorial 
fountain  to  Alfred  Noble  in  poublic  grounds  of.     J.  Res.  of  May  S,  1916 
(39  Stat  65). 
Burial   of   ex-Union   soldiers   in   Arlington   or   other   cemeteries   in.     See 

National  cemeteries. 
Filled  canal  spaces  in  added  to  park  system.    See  Corps  of  Engineers. 
Harbor  regulations  for.    See  Corps  of  Engineers. 

Juvenile  Court,  record  of  conviction  against  any  child  is  not  a  disqualifi- 
cation for  jury  duty,  for  holding  office,  or  for  any  other  public  service 
under  the  Federal  or  District  Governments.  Act  of  Apr.  27,  191G  (39 
Stat  56). 
Persons  convicted  of  crimes  in  courts  of  and  sentenced  to  confinement  for 
more  than  one  year  may  be  confined  in  the  District  reformatory  instead 
of  a  penitentiary,  etc  Act  of  Sept.  1,  1916  (39  Stat  711). 
Playground   for  children,  regulations  for   control   of,  etc.     See   Corps   of 

Engineers. 
Potomac  Park,  made  part  of  the  park  system.    See  Corps  of  Engineers. 
Acquisition  of  lands  required  for  connecting  parkway  between  Potomac 
Park,  5k)ological  Park,  and  Rock  Creek  Park ;  limitation  as  to  total 
area  to  be  acquired;  to  form  part  of  park  system  of  District  of 
Columbia,  etc.    Act  of  July  1,  1916  (39  Stat.  282). 
Public  grounds,  Women's  Titanic  Memorial  Association  to  erect  memorial 
in   to  heroes  of  steamship  Titanic.     Sec.  7,   Act  of  Mar.  3,  1917    (39 
Stat  1046). 
Restrictions  on  lagoons  or  speedways  in.    See  Corps  of  Engineers. 
Reformatory  of,  persons  convicted  in  District  courts  and  sentenced  to  con- 
finement for  more  than  one  year  may  serve  sentence  in  instead  of  in  a 
penitentiary,  etc.    Act  of  Sept.  1,  1916  (39  Stat  711). 
Statue  to  Admiral  Dupont  in  Dupoot  Cii'cle,  Chief  of  Engineers  may  grant 
permission  for  removal  of,  etc.    Act  of  Feb.  26,  1917  (Pub.  Res.  No.  51, 
39  Stat  944). 
Sub:*stence  allowances  to  persons  traveling  on  official  business  outside  of. 

Sec.  13,  Act  of  Aug.  1,  1914  (38  Stat  680). 
Transfer  of  prisoners  heretofore  convicted  in  District  courts  to  serve  re- 
mainder of  term  of  confinement  in.    Act  of  Sept  1,  1916  (39  Stat  711). 
Wharf  property,  control  of.    See  Corps  of  Engineers.  , 


MILITARY  LAWB  OF   THE  U]!^ITED  STATES,  1915.  559 

District  of  Columbia  Militia: 

Authority  to  make  contracts.    See  Militia. 

JDeduction  of  pay  to  reimburse  for  loss  of  public  property,  etc.    8ee  Militia. 
Purchase  of  supplies,  etc.    Bee  Militia. 
District  of  Columbia  Naval  Militia,  authorization  of,  etc.    See  Militia. 
Donation  of  funds: 

Contributed  to  be  expended  with  public  funds  for  improvement  of  rivers 
and   harbors;    Secretary   of   War   authorized   to   receive   from   private 
parties.    See  Rivers  and  harbors. 
Funds  contributed  in  excess  of  actual  cost  of  work  may  be  returnetl  to 
representatives  of  contributing  interests  upon  approval  of  Secretary  of 
War,  etc.    See  Rivers  and  harbors. 
Dov/sett  Co.   (Ltd.)   given  permission,  within  a  time  limit,  to  remove  certain 
buildings  from  Schofield  Barracks  Military  Reservation,  Territory  of  Hawaii,. 
Act  of  Aug.  29,  1916  (39  Stat.  636). 
Draftsmen  in  office  of  the  Chief  of  Engineers.    See  Corps  of  Engineers. 
Drugs.    See  Narcotics. 

Dupont  Circle,  Washington,  D.  C,  Chief  of  Engineers  may  permit  removal  of 
statue  of  Admiral  Du  Pont  from.  Act  of  Feb.  26,  1917  (Pub.  Res.  No.  51, 
39  Stat.  944). 
East  Coast  Canal;  Secretary  of  War  authorized  to  appoint  a  board  of  three 
officers  from  the  Corps  of  Engineers  to  examine  and  appraise  the  value  of 
the  work  and  franchises  of  the  canal  from  the  St.  Johns  River  to  Key  \\'est, 
Fla.,  with  reference  to  its  purchase  by  the  Government  and  the  construction 
of  a  free  and  open  waterway,  etc.  Sec.  15,  Act  of  aiar.  4,  1915  (38  Stat. 
1058). 
Eight-hour  day,  establishment  of  for  employees  of  carriers  engaged  in  interstate 

and  foreign  commerce.    Sees.  1-4,  Act  of  Sept.  3-5,  1916  (39  Stat  721). 
Emergency  shipping  fund,  requisitioning  of  plants,  etc     Act  of  June  15,  1917 

(40  Stat  182). 
Employees,  Government  Printing  Office,  not  to  be  detailed  in  other  branches  of 

service.    See  Printing  and  binding. 
Employment  of  military  force : 

Remove  and  destroy  unlawful  inclosures  of  public  lands.     Sec.  5,  Act  of 

Feb.  25  1885  (23  Stat.  322). 
Timber,  felling;  unlawful  inclosures.    Sec.  2460,  R.  S, 
Trespassers,  removal.     Sec,  1,  Act  of  Mar.  3,  1807   (2  Stat  445). 
Trespass  or  intrusion  in  General  Grant  National  Park,  Sequoia  National 
Park,  or  Yosemite  National  Park  for  purpose  of  destroying  the  game  or 
objects  of  curiosity  therein.    Act  of  June  6,  1900  (31  Stat  618). 
Treason.    Sees.  1,  2,  3,  4,  5,  6,  7,  and  8,  Act  of  Mar.  4,  1909  <35  Stat.  lOSS). 
Engineer  Corps.    See  Corps  of  Engineers. 
Engineer  officers,  detail  of  to  assist  Mississippi  and  Missouri  River  Connnis- 

slons,  etc.    See  Details  of  Army  officers. 
Enlisted  men,  Pi-esident  authorized  to  employ  all  iJersons  in  land  and  naval 

service  in  connection  with  Coast  and  Geodetic  Survey  work.    See  Army. 
Enlistments,  foreign  governments,  ministers  of  United  States  may  issue  writs 
to  prevent  American  citizens  from  entering  military  service.    See  Neutrality. 
Estimates : 

National  Homes  for  Disabled  Volunteer  Soldiers.    See  National  Homes  for 

Disabled  Volunteer  Soldiers. 
Panama  Canal,  Canal  Zone,  etc.,  to  be  submitted.    See  Panama  Canal. 


560  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

Europe : 

Relief,  protection,  and  transportation  of  American  citizens  in,  made  neces- 
sary by  existing  political  disturbances,  etc.  Joint  Res.  No.  30,  Aug.  3, 
1914  (38  Stat.  776). 
Relief,  protection,  and  transportation  of  American  citizens  in,  made  neces- 
sary by  existing  political  disturbances,  etc.  Use  of  officers,  employees, 
and  vessels  of  United  States  and  use  of  supplies  of  Naval  or  Military 
Establishments,  etc.  Joint  Res.  No.  31,  Aug.  5,  1914  (38  Stat.  776). 
Evidence : 

Legislative  acts  and  judicial  proceedings,  authentication  of.     See  Military 

tribunals. 
Little  &  Brown's  edition  of  Statutes  at  Large  to  be  competent     »Sfee  Mili- 
tary tribunals. 
Records,  documents,  etc.,  copies  of,  in  executive  departments  as.    See  Mili- 
tary tribunals. 
Executive  departments : 

Attorneys  practicing  before,  use  of  names  of  Members  of  Congress  or  offi- 
cers to  advertise  their  business.    Act  of  Apr.  27,  1916  (39  Stat.  54). 
Certificate  of  necessity  for  printing  and  binding  to  be  furnished.     Bee 

Printing  and  binding. 
Evidence,    copies    of   records,    documents,    etc.,    to    be    received    as.     See 
Military   tribunals. 
Executive  Mansion,  furniture  for  and  inventory  of  property  in.     See  Corps  of 

Engineers. 
Explosives  for  military  service,  transportation  of.     See  Interstate  commerce. 
Explosives,  manufacture,  distribution,  storage,  use  and  possession  of  in  time 

of  war.     Sees.  1-22,  Act  of  Oct.  6,  1917  (40  Stat.  385-89). 
Exposition,  Panama-Pacific  International,  building  for  Government  exhibit  on 
Presidio  of  San  Francisco  military  reservation  aud  use  of  after  close  of 
exhibition.     See  Panama-Pacific  International  Exposition. 
Expositions,  property  may  be  transported  to  or  from  free  or  at  reduced  rates. 
Sec.  22,  Act  of  Feb.  4,  1887  (24  Stat.  380),  as  amended  by  sec.  9,  Act  of  Mar. 
2,  1889   (25  Stat.  862). 
Expositions  or  fairs,  transportation  of  public  property  to  or  from.     See  Inter- 
state commerce. 
Fairs,  property  may  be  transported  to  or  from  free  or  at  reduced  rates.     Sec. 
22,  Act  of  Feb.  4,  1887  (24  Stat.  380),  as  amended  by  &ec.  9  Act  of  Mar.  2, 
1889   (25  Stat.  862). 
Fairs  or  expositions,  transportation  of  public  property  to  or  from.     See  Inter- 
state commerce. 
Federal  prisoners: 

Deduction  from   sentence  for  good  conduct.     Sees.  5543,  5544,  R.   S.,  as 

amended  by  Act  of  Mar.  3,  1875  (18  Stat.  479).    See  also  Act  of  Mar.  3, 

1891  (26  Stat.  840),  superseded  by  Act  of  June  21,  1902  (32  Stat.  397), 

as  amended  by  Act  of  Apr.  27,  1906  (34  Stat.  149). 

Military  prisoners,  deductions  from  sentence  for  good  conduct.     Sees.  1, 

2,  3,  Act  of  June  21,  1902  (32  Stat.  397). 
Parole  of.    Act  of  June  25,  1910  (36  Stat.  819),  as  amended  by  Act  of  Jan. 
23,  1913   (37  Stat.  650). 
Fees,  Philippine  Islands,  to  civilian  witnesses.     See  Philippine  Islands. 
Firearms,  Philippine  Islands,  lawful  possession  of,  by  officer,  soldiers,  etc.    See 

Philippine  Islands. 
Fires,  setting,  on  public  lands.     See  Public  lands. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915.  561 

Fire  sufferers,  Salem,  Mass.,  relief  of,  expenditures  under  Secretary  of  War. 

See  Salem,  Mass. 
Fishways  in  navigable  waters,  authority  for  construction  of.     See  Corps  of 

Engineers.  ^ 

Flags  and  ensigns.     Secretary  of  War  authorized  to  loan  for  purpose  of  deco- 
rating streets  during  forty-ninth  encamptment  of  the  Grand  Army  of  the 
Republic.     See  Grand  Army  of  the  Republic. 
Floods : 

Examinations,  surveys,  and  projects  relating  to  control  of.     Sec.  3,  Act  of 

Mar.  1,  1917  (39  Stat.  950). 
Mississippi  River,  control  of.     Pars,  a-d,  Sec.  1,  Act  of  Mar.  1,  1917   (39 

Stat.  948). 
Sacramento,  Cal.,  control  of.     Pars,  a-c,  Sec.  2,  Act  of  Mar.  1,  1917   (39 
Stat.  949). 
Flood  sufferers  of  North  Carolina,  South  Carolina,  Georgia,  Florida,  Alabama, 
Tennessee,  and  Mississippi,  Secretary  of  War  authorized  to  furnish  food. 
Quartermaster  and  Medical  Department  supplies,  etc.,  to.     J.  Res.  of  Aug. 
3,  1916   (39  Stat.  434). 

Authorization  for  extension  of  such  relief  to  the  flood  sufferers  of  West 
Virginia.     J.  Res.  of  Aug.  24,  1916  (39  Stat.  534). 
Florida  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve  with 
food,  supplies  of  the  Quartermaster  and  Medical  Departments,  etc.    J.  Res.  of 
Aug.  3,  1916  (39  Stat.  434). 
Fords  (Mokuumeume)   Island  naval  reservation,  island  of  Oahu,  Territory  of 
Hawaii.    Transfer  of  control  and  jurisdiction  over  to  War  Department  for 
use  for  military  purposes.    Act  of  Aug.  29,  1916  (39  Stat.  568). 
Foreign  governments,  ministers  of  United  States  may  issue  writs  to  prevent 

American  citizens  from  enlisting  in  military  service  of.     See  Neutrality. 
Foreign  governments,  President  authorized  to  invite  all  of  the  great  govern- 
ments of  the  world  to  send  representatives  to  a  conference  to  be  charged  with 
the  formation  of  a  plan  for  a  court  of  arbitration  or  other  tribunal  to  settle 
international  disputes.    Act  of  Aug.  29,  1916  (39  Stat.  618). 

Appointment  of  nine  citizens  to  be  representatives  of  the  United  States  in 

such  a  conference.    Id. 
Appropriation  made  and  set  aside  for  expenses  of.    Id. 
Compensation  of  representatives,  etc.,  to  be  fixed  by  President. 
Foreign  officials,  entertainment  of,  in  connection  with  Panama-Pacific  Inter- 
national Exposition.     See  Panama-Pacific  International  Exposition. 
Foreign  vessels,  Philippine  Islands,  tonnage  tax  levied  on,  when  entering  United 

States  from.     See  Philippine  Islands. 
Fort  Bayard  Hospital : 

Subject  to  rules  and  articles  of  war.     See  Medical  Department. 
Treat  officers  and  men  of  Army,  Navy,  and  Marine  Corps.     See  Medical 
Department. 
Fortifications,  injuries  to  mines,  torpedoes,  etc.     See  Corps  of  Engineers. 
Fort  Leavenworth  Military  Prison  changed  to  United  States  penitentiary  and 

restored  to  War  Department.  See  Military  prison. 
Fort  McHenry  Military  Reservation,  temporary  cession  of  jurisdiction  to  State 
of  Maryland  over  that  portion  leased  to  city  of  Baltimore.  J.  Res.  of  Apr.  3, 
1916  (39  Stat.  46). 
Fort  Mason  Military  Reservation,  temporary  cession  of  jurisdiction  to  State  of 
California  over  portion  used  for  exposition  imrposes.  See  Panama-Pacific 
International  Exposition, 

54208**— 18 36 


562  MILITARY   LAWS   OF    THE   UNITED  STATES,   1915. 

FranclMses,  Philippine  Islands,  for  works  of  public  utility,  regulations  to  be 

adopted.     See  Philippine  Islands. 
Gania,  SeSor  Doraicio  da,  tlianks  of  Congress  and  gold  medal  presented  to,  for 
services  as  mediator  between  United  States  and  warring  parties  in  Mexico. 
See  Medals. 
General  Grant  National  Park.     See  National  parks. 

Removal  of  trespassers,  etc.,  from.     See  Employment  of  military  force. 

Geological  Survey,  detail  of  ordnance  officer  with.     See  Details  of  Army  officers, 

Georgia  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve  with 

food,  supplied  by  the  Quartermaster  and  Medical  Departments,  etc.     J.  Res. 

of  Aug.  3,  1916  (39  Stat.  434). 

Georgia,  reimbursement  for  encampment  expenses,  1914.     Act  of  May  12,  1917 

(40  Stat.  GQ). 
Gettysburg  National  Park.     See  National  military  parks. 

Good-conduct  time,  deductions  from  sentences  of  military  prisoners.     See  Fed- 
eral prisoners. 
Government  Printing  Office,  employees  of,  not  to  be  detailed  in  other  branches 

of  service.     See  Printing  and  binding. 
Grand  Army  of  the  Republic: 

Commissioners  of  District  of  Columbia  to  make  special  regulations  for 
occasion  of  forty-ninth  encampment,  to  be  held  in  Washington,  Septem- 
ber-October, 1915.     J.  Res.  No.  8,  sec.  1,  of  Mar.  3,  1915  (38  Stat.  1222). 
Loan  of  ensigns,  flags,  etc.,  by  Secretary  of  War  for  purposes  of  de<;orating 

streets  during  encampment.     Sees.  3  and  4,  id.  1223. 
Loan  of  hospital  tents,  ambulances,  horses,  drivers,  etc.,  by  Secretary  of 
War,  for  caring  for  the  sick,  injured,  and  infirm  during  the  encampment. 
Sec.  6,  id.  1224. 
Permits  to  use  reservations  and  other  public  spaces  in  the  city  of  Washing- 
ton during  encampment.  Secretary  of  War  authorized  to  issue.    Sec.  5,  id. 
Grant  Memorial,  Gen.  Ulysses  S.,  appropriation  heretofore  made  for  unveiling 
and  dedicating  made  available  dm'ing  fiscal  year  1917.    Act  of  July  1,  191G 
(39  Stat.  291). 
Graves  of  Confederate  dead,  marking  in  all  national  cemeteries  and  cemeteries 
at  Federal  military  stations  or  locations  throughout  the  country.     See  Mark- 
ing graves  of  Confederate  dead. 
Guilford  Courthouse  National  Military  Park.     See  National  military  parks. 
Habeas  corpus,  Philippine  Islands,  employment,  suspension,  etc.,   of  writ   of. 

See  Philippine  Islands. 
Hague  convention,  hospital  ships.    See  Medical  Department 
Haiti,  Republic  of,  detail  of  officers  and  enlisted  men  of  Navy  and  Marine  Corps 
to  serve  under  Government  of.    Sees.  1-5,  Act  of  June  12,  1916  (39  Stat.  223). 
Harbor  defenses,  injuries  to  mines,  torpedoes,  etc.     See  Corps  of  Engineers. 
Harbor  lines,  establishment  and  extension  of,  in  navigable  waters.     See  Corps 

of  Engineers. 
Harbor  regulations  for  the  District  of  Columbia.     See  Corps  of  Engineers. 
Henry  Barracks  Military  Reservation,  Gayey,  P.  R.     Transfer  of  control  and 
jurisdiction  over  portion  known  as  Magazine  Hill  to  the  Navy  Department 
for  naval  purposes.     Act  of  Aug.  29,  1916  (39  Stat.  568). 
Hetch  Hetcliy  Valley  Reservoirs,  Yoseraite  National  Park,  sale  to  W^ar  Depart- 
ment by  city  and  county  of  San  Francisco,  Cal.,  of  Avnter  required  on  military 
reservations  in  or  near  the  city  of  San  Francisco  on  certain  comlitions,  etc. 
Par.  (u),  sec.  9,  Act  of  Dec.  19,  1913  (38  Stat.  250). 
Highways,  public  land,  right  of  way  for.     See  Public  lands. 
Homesteads,  mode  of  procedure,  right  of  entry,  etc.     See  Public  lands. 


MILITARY  J^WS  OF   THE  UNITED  STATES,  1915.  563 

Honolulu,  Hawaii,  exchange  ot  wharves  at,  Dy  War  and  Navy  Department.    Act 

of  May  12,  1917  (40  Stat.  57). 
Horses,  militia,  purchase  and  maintenance  of.     See  Militia. 
Hospitals : 

Fort  Bayard,  subject  to  rules  and  articles  of  war.     See  Medical  Depart- 
ment. 
Fort  Bayard,  treat  officers  and  men  of  Army,  Navy,  and  Marine  Corps. 

See  Medical  Department. 
Hot  Springs,  Ark.,  establishment  of,  use  of  hot  water,  etc    See  Medical 

Department. 
Hot  Springs  (S.  Dak.).    National  Sanitarium  in  connection  with  National 
Home  for  Disabled  Volunteer  Soldiers.     See  Medical  Department. 
Hospital  and  medical  supplies,  Medical  Department  authorized  to  sell  to  Sol- 
diers' Home  at  contract  price.     See  Soldiers'  Home. 
Hospital  ships.  The  Hague  convention.    See  Medical  Department. 
Hot  Springs  Hospital,  A-rkansas,  establishment  of,  use  of  hot  water,  etc.     See 

Medical  Department. 
Hot  Springs  National  Sanitarium,  South  Dakota,  in  connection  with  National 

Home  for  Disabled  Volunteer  Soldiers.    See  Medical  Department. 
Hunting,  National  parlvs,  penalty  for  trespassing  and  shooting  on.    See  Na- 
tional parks. 
Income  tax,  war.    See  War  revenue  act. 

Index  to  annual  reports  of  Chief  of  Engineers  from  1866  to  1917,  inclusive, 
printing  of  1,500  copies  autlwrized.    Sec.  4,  Act  of  July  27,  1916  (39  Stat.  411 ) . 
Amended  to  include  additional  matter.     Sec.  10,  Act  of  Aug.  8,  1917   (40 
Stat.  267) 
Indian  and  colored  soldiers,  widows  of.     See  Pensions. 
Indian  reservations,  removal  of  persons  from.     See  Indians. 
Indians  : 

Agencies — 

Consolidated.     Sec.  6,  Act  of  IVIar.  1,  1883  <22  Stat.  451). 
Discontinued.     Sec.  2053,  R.  S.,  Act  of  June  22,  1874  (18  Stat.  177). 
Discontinued  and  transferred.     Sec.  2054,  R.  S.,  and  sec.  2059,  R.  S. 
Limited.     Sec.  2066,  R.  S. 
Agents — 

Ai>pointment.     Sec.  2052,  R,  S. ;  sec.  1,  Act  of  Feb.  14,  1873  (17  Stat. 
437)  ;  Act  of  June  22,  1874  (18  Stat.  147)  ;  Act  of  Aug.  15,  1894  (28 
Stat.  286). 
•  Bonds.    Sec.  2057,  R.  S. ;  Act  of  Mar.  3,  1875  <18  Stat.  451). 
Duties.     Sec.  2058,  R.  S.,  and  sees.  4,  5,  and  10,  Act  of  Mar.  3,  1875 
(18  Stat.  449-451)  ;  Act  of  May  27,  1878  (20  StaL  86) ;  sec.  9,  Act  of 
July  4,  1884  (23  Stat.  98). 
Residences.     Sec  2060,  R.  S. 

Term  of  office.    Sec  20p6,  R.  S. ;  Act  of  May  17,  1882  (22  Stat.  S7). 
American  captives,  moneys  due  Indians.     Sec  2102,  R.  S. 
Annuities — 

to  JSIinors.    Sec.  8,  Act  of  Mar.  1,  1899  (30  Stat.  947). 
Mode  of  payment  and  distribution  of  goods.     Sec  2086,  R.  S.;  see.  6, 
Act  of  Mar.  3,  1875  (18  Stat.  450) ;  Act  of  Aug.  15,  1876  U9  Stat. 
196). 
Payment  in  goods.     Sec  2082,  R.  S. 
Payment  in  coin.    Sec  2081,  R.  S. 
Withholding  from  intoxicated  persons.    Sec.  2087,  R.  S. 


564  MILITARY  LAWS  OF   THE   UNITED   STATES,  1915. 

Indians — Continued. 

Annual  accounts  of  disbursements.    Sec.  2091,  R.  S.,  and  sec.  8,  Act  Mar.  3, 

1875   (18  Stat.  450). 
Arms,  sale  of,  prohibited.     Sec.  467,  R.  S. 
Arms,  etc.,  training  with  hostile  and  uncivilized,   prohibited.     Sec.   218G. 

R.  S.,  and  J.  Res.  No.  20,  Aug.  5,  1876  (19  Stat.  216). 
Arson.     Sec.  2143,  R.  S. 
Assault,  penalty.     Sec.  2142,  R.  S. 
Assault  upon  United  States  officials,  penalty ;  jurisdiction  of  district  court. 

Act  June  9,  1888  (25  Stat.  178). 
Cattle,  sale  of,  penalty.     Act  July  4,  1884  (23  Stat.  94). 
Children,  legitimacy  of.     Sec.  10,  Act  of  June  7,  1897  (30  Stat.  62). 
Citizenship,  adopting  civilized  life  and  allottees.     See  Naturalization. 
Civilized  life,  protection  of.     Sec.  2119,  R.  S. 
Commissioner  of  Indian  Affairs,  duties.     Sec.  463,  R.  S. 

Compensation.     Sec. '2076,  R.  S. 
Correspondence  to  excite  to  war,  penalty.     Sec.  2113,  R.  S. 
Crimes,  jurisdiction;  certain  offenses  subject  to  territorial  laws.     Sec.  9, 

Act  of  Mar.  3,  1885  (23  Stat.  385). 

General  laws  respecting,  extended  to.    Sec.  2145,  R.  S. 
Crimes  and  offenses.     Sec.  328,  Act  Mar.  4,  1909,  Criminal  Code  (35  Stat 

1151). 
Detail  of  Army  officers — 

for  Education  of.     See  Details  of  Army  officers, 
for  Industrial  and  training  schools.    See  Details  of  Army  officers. 
Deeds,  acknowledgment  of  by  agents.    Sec.  2064,  R.  S. 
Disbursing  officers,  security  additional.     Sec.  2075,  R.  S. 
Disbursements,  mode  of.    Sec.  2089,  R.  S. 
Depositions,  superintendent  to  take.     Sec.  2157,  R.  S. 
Employees  not  to  trade  with.     Sec.  2078,  R.  S. 
Foreigners    entering    Indian    country    without    passports,    penalty.     Sec 

2134,  R.  S. 
Goods — 

Mode  of  distribution.     Sec.  2090,  R.  S. 

Proceedings  against,  for  violating  revenue  laws.     Sec.  2125,.  R.  S. 
Purchase  of.     Sec.  2083,  R.  S.,  and  Act  of  June  22,  1874  (18  Stat.  176)  ; 
sec.  7,  Act  of  Mar.  3,  1875   (18  Stat.  450)  ;  Act  of  Aug.  15,  1876 
(19  Stat.  196). 
Graats  or  purchases  from.     Sec.  2116,  R.  S. 
Horse  stealing,  robbery.    Act,  Feb.  15,  1888  (25  Stat.  33). 
Hostile,  annuities.     Sec.  2100,  R.  S. 
Hunting  on  lands,  prohibited.     Sec.  2137,  R.  S. 
Inspectors.     Sec.  2043,  R.  S. ;  sec.  6,  Act  of  Feb,  14,  1873  (17  Stat.  463)  ; 

Act  of  Mar.  3,  1875  (18  Stat.  422)  ;  Act  of  May  31,  1900  (31  Stat. -224). 
Inspectors,  powers  and  duties.     Sec.  2045,  R.  S. 
Issues  of  food,  etc.,  report  of  number  receiving.     Sec.  2109,  R.  S. 
Laws  for  agents.     Sec.  7,  Act  of  May  17,  1882.     (22  Stat.  88). 
Leaves  of  absence  for  agents  and  employees.     Sec.  2074,  R.  S. 
Liquors  and  firearms,  sales  of,  to  Indians  in  Alaska,  penalty.     Sees.  142 

and  466,  Act  of  Mar.  3,  1899  (30  Stat.  1253). 
Liquors,  sale  of,  punishment.     Sec.  8,  Act  of  Mar.  1,  1895  (28  Stat.  69'3). 
Mails,  forgery  and  depredations.     Sec.  2144,  R.  S. 


''         MILITARY  LAWS  OP  THE  UNITED  STATES,  1915.  565 

Iitdians — Continuecl. 
Oaths- 
Administered  by  agents.    Act  of  Mar.  1,  1899  (30  Stat.  824). 

In  Pension  claims  before  agents.    Sec.  2,  Act  of  July  26,  1892  (2T  Stat. 
272). 
Offices,  holding  of  two,  prohibited.     Sec.  2074,  R.  S. 
Payments  by  special  agents,  compensation,  bond.     Sec.  11,  Act  of  Mar.  3, 

1895  (28  Stat.  910). 
Penalties,  how  recovered.     Sec.  2124,  R.  S. 
Police — • 

Allottees  preferred  for  employment.     Sec.  5,  Act  of  Feb.  8,  1887   (24 
Stat.  390). 

Crimes  against,  to  be  tried,  district  court.    Act  of  Mar.  2,  1887   (24 
Stat.  464). 

Number  of,  and  rates  of  pay.     Act  of  May  27,  1878,  and  Feb.  17,  1879 
(20  Stat.  86,  315). 
Posse  commitatus  to  be  used  in  executing  process.     Sec.  2153,  R.  S. 
Process,  to  be  executed  by  marshals.     Act  of  June  4,  1888  (25  Stat.  167). 
Proof,  burden  of.     Sec.  2126,  R.  S. 
Property,  injury  to,  by  Indians.     Sec.  2156,  R.  S. 

Property,  payment  for  same  if  reparation  can  not  be  made.     Sec.  2155,  R.  S, 
Property,  reparation  for  injury.     Sec.  2154,  R.  S. 
Purchases,  manner  of.     Sec.  2084,  R.  S. 
Rape.     Sec.  5,  Act  of  Jan.  15,  1897  (29  Stat.  487). 
Reservation,  removal  of  persons  from.     Sec.  2149,  R.  S. 
Return  to  Indian  country,  penalty.     Sec.  2148,  R.  S. 
Schools — 

Detail  of  Army  officers  for  normal  and  industrial  training.     See  De- 
tails of  Army  officers. 

Use  of  vacant  military  posts  and  barracks  for  normal  and  industrial 
training.     See  Details  of  Army  officers. 
Secretary  of  the  Interior  charged  with  supervision  of.     Sec.  441,  R.  S. 
Seditious  messages — 

Carrying,  penalty.     Sec.  2112,  R.  S. 

Sending.     Sec.  2111,  R.  S. 
Special  agents  and  commissions.    Sec.  2067,  R.  S. 
Stock  feeding  on  Indian  lands.    Sec.  2117,  R.  S. 
Subagents — 

Sec.  2055,  R.  S. 

Interpreters  discontinued.      Sec.  2073,  R.  S.  and  Act  of  Feb.  27,  1877 
(19  Stat.  244). 
Supplies,  claims  for.     Sec.  2085,  R.  S. 
Survey  of  reservations.    Sec.  2115,  R.  S. 
Traders — 

Except  skins  and  furs,  prohibited.    Sec.  2135,  R.  S. 

Prohibited  by  President.    Sec.  2132,  R.  S. 
Traders — 

Appointee.    Sec.  2128,  R.  S. 

Appointment  of.     Sec.  5,  Act  of  Aug.  15,  1876  (19  Stat.  200). 
Traders'  license — 

Necessity  of  obtaining  and  term  of.    Sec.  2129,  R.  S. 

Refusal  of.     Sec.  2130,  R.  S. 

Revocation  of.    Sec.  2131,  R.  S. 


566  MILITARY   LAWS  OF   THE   UNITED  STATES,   1915, 

Indians — Coutinued. 

Trading  without  license,  penalty.     Sec.  2133,  R.   S.-,  and  Act  of  July  31, 

1882  (22  Stat.  179). 
Training  school,  superintendent,  bond.    Act  of  Mar.  3,  1899  (30  Stat.  924). 
Traveling  expenses.    Sec.  2077,  R.  S. 
Treaties — 

Abrogation  of.     Sec.  2080,  R.  S. ;  Sec.  2,  Act  of  Mar.  2,  1875  (18  Stat. 

449). 
None  in  future.    Sec.  2079,  R.  S.,  and  Sec  3,  Act  of  June  22,  1874  (18 
Stat.  176)  ;  Act  of  June  10,  1876  (19  Stat.  58). 
Treaty,  violations,  goods  withheld.    Sec.  2101,  R.  S. 
Trespass  by  chief,  cause  for  suspension.    Sec.  2121,  R.  S. 
Trespassing  on  lands.    Sec.  2120,  R.  S. 

Tribes  west  of  Mississippi  River  under  general  superiatendence  of  Presi- 
dent.    Sec.  2114,  R.  S. 
Timber — 

Dead  and  fallen.    Act  Feb.  16,  1889  (25  Stat.  673). 
Depredations.    Sec.  5388,  R.  S:;  Act  June  4,  1888  (25  Stat.  166). 
Two  offices,  holding  prohibited ;  leaves  of  absences.     Sec  2074,  R.  S. 
White  man  maiTying  an  Indian  woman  not  to  acquire  tribal  rights.     Act 
Aug.  9,  1888  (25  Stat.  392). 
Indian  Wars,  pension  for  services  in.    See  Pensions. 
Indian  Wars,  pensions  to  survivors  of  certain.    Sees.  1-3,  Act  of  Mar.  4,  1917 

(39  Stat.  1199). 
Indigent  soldiers,  burial  of,  in  national  cemeteries.    See  National  cemeteries. 
Insane,  inmates  National  Homes  for  Disabled  Volunteer  Soldiers,  care  of.    ^ee 

National  Homes  for  Disabled  Volunteer  Soldiers. 
Insane  natives,  Philippine  Islands,  serving  in  Army,  care  of.     See  Philippine 

Islands. 
Inspector  Greneral's  Department,  appointnaents  in,  from  Volunteers.    Act  of  Mar. 

2,  1901  (31  Stat.  900). 
Insular  Government,  Philippine  Islands,  salary  of  Army  oflScers  detailed  to  duty 

under.    See  Philippine  Islands. 
Interisland  traffic,  Philippine  Islands,  regulations  governing.     See  Philipi)ine 

Islands. 
Interior,  Department  of.    See  Department  of  the  Interior. 

International  arbitration,  courts  or  other  tribunals  for  settlement  of  all  inter- 
national disputes  by.  President  authorized  to  invite  all  of  the  great  Govern- 
ments of  the  world  to  send  representatives  to  a  conference  to  be  charged  with 
the  formulation  of  a  plan  for.    Act  of  Aug.  29,  1916  (39  Stat.  618). 

Appointment  by  President  of  nine  citizens  to  be  representatives  of  tlie 

United  States  at  such  a  conference.    Id. 
Compensation  of  representatives,  etc.,  to  be  fixed  by  President.    Appropria- 
tion made  and  set  aside  for  expenses  of.    Id. 
International  arbitration,  declared  policy  of  United  States  to  settle  all  of  its 

international  disputes  by  mediation  or.  Id. 
Interstate  Commerce  Commission,  membership  enlarged;  appointment  of  new 
members;  general  rules,  orders,  etc,;  division  of  commission  authorize  1;  as- 
signment of  members  and  work  to  divisions;  full  jurisdiction  conferred  upon, 
divisions;  enforcement  of  orders;  rehearings,  etc.,  etc.  Sees.  1-4,  Act  of  Aug. 
0,  1017  (40  Stat.  270-272). 
Interstate  commerce,  transportation : 

Animals,  prevent  cruelty ;  feeding  and  resting  periods.    Act  of  June  29,  1906 
(34  Stat.  607). 


MILITARY   LAWS  OF   THE  UNITED  STATES,  1915.  567 

Interstate  commerce,  transportation — Continued, 

Eight-hour  day  for  employees  of  carriers  engaged  in  foreign  or.    Sees.  1-4, 

Act  of  Sept.  3-5,  191G  (39  Stat.  721). 
Explosives  for  military.    Sec.  232,  Act  of  Mar.  4,  1909  (35  Stat.  1134). 
Pioperty  of  the  United  States  or  property  to  or  from  fairs  or  expositions 
free  or  at  reduced  rates.     Sec.  22,  Act  of  Feb.  4,  1887  (24  Stat.  iJSO),  as 
amended  by  Sec.  9,  Act  of  Mar.  2,  1889  (25  Stat.  8G2). 
Quarantine  live  stock,  notice  to  carriers.    Act  of  Feb.  2,  1903  (32  Stat.  791). 
Intervention  by  United  States  in  Cuban  affairs,  authorization  for    See  Cuba. 
Isthmian  Canal  Commission.     (See  also  Panama  Canal.) 

Appointment,  qualifications,  duties,  etc.     Sec.  7,  Act  of  June  28,  1902  (32 

Stat.  483). 
Appropriations  available  for  payment  of  obligations  of.    Sec.  4,  Act  of  May 

27,  1908  (35  Stat.  387). 
Accounts  of,  audited  by  Auditor  for  War  Department.    Act  of  Feb.  3,  1905 

(33  Stat.  647). 
Canal  Zone,  leases  of  land  in.     Act  of  Feb.  27,  1909  (35  Stat.  658). 
Duties,  etc.,  of.    See  Coi-ps  of  Engineers. 

Employees,  leaves  of  absence  to.    Act  of  Feb.  24,  1909  (35  Stat.,  645). 
Employment  of  engineers,  compensation.     Sec.  7,  Act  of  June  28,  1902  (32 

Stat.  483). 
Engineers,  offices  for.    Sec.  7,  Act  of  June  28,  1902  (32  Stat  483). 
Powers  conferred  on  President  may  be  exercised  through.     Sec.  5,  Act  of 
Feb.  27,  1909  (35  Stat.  658). 
Isle  of  Pines,  title  to.    See  Cuba. 
Judge  Advocate  General's  Department,  appointments  in,  from  Volunteers.    Act 

of  Mar.  2,  1901  (31  Stat.  900). 
Judicial  proceedings,  evidence,  authentication  of.    See  Military  tribunals. 
Jury  duty,  record  of  conviction  against  any  child  in  the  Juvenile  Court  of  the 
District  of  Columbia  not  a  disqualiflcation  for.     Act  of  Apr.  27,  1916   (39 
Stat.  56). 
Justices  of  the  Peace,  Philippine  Islands,  Army  officers  to  be,  in  connection 

with  sale  of  intoxicating  liquors.    See  Philippine  Islands. 
Juvenile  court,  District  of  Columbia,  record  of  conviction  against  any  child  in, 
not  a  disqualification  for  jury  duty,  for  holding  office,  or  for  any  other  public 
service  under  the  Federal  or  District  Governments.     Act  of  Apr.  27,  1910 
(39  Stat.  56). 
**  Kyle  and  Young  Canal  "  and  the  "  Morrison  Landing  extension  "  of  the  same, 
.  on  the  Oklawaha  River,  Florida,  acceptance  of  title  by  Secretary  of  War  to 
the  land  and  navigation  improvements,  etc.     Act  of  July  27,  1916   (39  Stat. 
396). 

Canal  to  become  free  public  waterway  of  the  United  States.     Id. 
Lagoons,  Potomac  Park,  District  of  Columbia,  restrictions  on.     See  Corps  of 

Engineers. 
Land  registration,  Philippine  Islands,  procedure  in  filing  claims,  etc.,  in  court 

of.     See  Philippine  Islands. 
X^'\nds : 

Acquisition  of,  for  national  cemeteries.    See  National  cemeteries. 
Condemnation  and  purchase  of,  for  river  and  harbor  improvement.    See 

Corps  of  Engineers. 
Philippine  Islands,  acquisition  of  privately  owned,  for  military  p«rposes. 
See  Philippine  Islands. 
Laundresses,  hereafter  women  not  allowed  to  accompany  troops  as.    See  Army. 


568  MILITARY  LAWS   OF   THE   UNITED   STATES,   1915. 

Leases : 

Land  in  Canal  Zone.    See  Isthmian  Canal  Commission. 
Public  lands,  Canal  Zone.     See  Panama  Canal. 
Leave  of  absence,  President  authorized  to  grant  to  officer  of  Corps  of  Engineers, 
to   assist  Republic  of  China  on  reclamation  work.     See  Details   of  Army 
officers. 
Legislative  acts,  evidence,  authentication  of.     See  Military  tribunals. 
Leprosy,  home  for  care  and  treatment  of  persons  afflicted  with.     Secretary  of 
War  may  transfer  abandoned  military  reservation  for.    Sees.  1-6,  Act  of  Feb. 
3,  1917  (39  Stat.  872-3). 
Lessees  of  water  power  on  Muskingum  River,  Ohio,  whose  property  was  de- 
stroyed by  Ohio  Valley  flood  of  March,  1913,  relief  of.     See  Corps  of  Engi- 
neers. 
Library,  Surgeon  General's  office,  binding  and  location  of.     See  Medical  Depart- 
ment. 
Licenses : 

Liquor,  Philippine  Islands,  not  to  be  granted  on  military  reservations  or 

within  certain  areas.     See  Philippine  Islands. 
Philippine  Islands,  coastwise  and  harbor  vessels.     See  Philippine  Islands. 
to  Practice  medicine  or  surgery  in  Alaska,  not  to  apply  to  emergency  medi- 
cal relief  to  natives.    Sec.  15,  Act  of  Feb.  6,  1909  (35  Stat.  C04). 
Lighthouse  Board,   compensation,  organization,   etc.,  of.     See  Corps  of  Engi- 
neers. 
Lighthouses,  construction,  Inspection,  etc.,  of.     See  Corps  of  Engineers. 
Lincoln  Farm  Association,  acceptance  of  title  from  to  the  homestead  of  Abra- 
ham Lincoln  and  the  log  cabin  in  which  he  was  born,  together  with  the 
memorial  hall  inclosing  the  same,  and  an  endowment  fund  of  $50,000  in 
relation  thereto.    After  acceptance  of  the  property  by  the  President  and  Sec- 
retary of  War  its  control  to  be  under  the  Secretary  of  War.    Act  of  July  17, 
1916  (39  Stat.  385). 
Lincoln  memorial : 

Approval  of  plan  and  design  of  commission.    J.  Res.  No.  7,  Feb.  1,  1913  (37 

Stat.  1022). 
Authorized,  commission  created.    Act  of  Feb.  9,  1911  (36  Stat.  398). 
Resident  commissioner  designated,  compensation.     Act  of  Mar.  3,  1913  (37 
Stat.  731). 
Liquor  licenses : 

Disposition  of  moneys  derived  from  in  Alaska.     See  Alaska. 
Philippine  Islands,  not  to  be  granted  on  military  reservations  or  within  cer- 
tain  areas.     See   Philippine   Islands. 
Liquors : 

National  Home  for  Disabled  Volunteer  Soldiers,  loss  of  appropriation  where 

permit  sale  of  intoxicating.     See  Medical  Department. 
Prohibition  of  manufacture  and  sale  of  in  Alaska.     Sees.  1-33,  Act  of  Feb. 

14,    1917    (39    Stat.    903). 
Sale  of  to  ludans,  punishment,     ^ee  Indians. 

State  or  Territorial  homes  for  disabled  soldiers  and  sailors,  loss  of  appropri- 
ation where  permit  sale  of  intoxicating.     See  Medical  Department. 
Locust  pest,  Philippine  Islands,  suppression  of.    See  Philippine  Islands. 
Machines,  typewriting,  restrictions  as  to  price  to  be  paid  by  Government  for. 

See  Typewriting  machines. 
Marine  Corps,  detail  of  officers  and  enlisted  men  of  Navy  and,  to  serve  under 
Government  of  Republic  of  Haiti.     Sees.   1-5,   act   of   June   12,   1916    (39 
Stat.  223). 


MILITARY  LAWS  OF   THE  UNITED   STATES,  1915.  569 

Marine  Corps.     Fort  Bayard  Hospital,  treatment  of  officers  and  men  at.     See 

Medical  Department. 
Marking  graves  of  Confederate  dead;  provisions  for  extended  to  graves  of 
Confederate  soldiers  and  sailors  in  all  National  cemeteries  and  cemeteries  at 
Federal  military  stations  or  locations  throughout  the  country.     J.  Res.  No.  7, 
Mar.  14,  1914   (38  Stat.  768). 

Further  continuation  for  two  years  of  provisions  relating  to,  and  providing 
that  the  registers  shall  include  the  time  and  place  of  death  of  each  Con- 
federate soldier  prisoner  of  war.    J.  Res.  of  Apr.  17,  1916  (39  Stat.  52). 
Maryland,  temporary  cession  of  jurisdiction  to  State  of  over  that  portion  of 
Fort  McHenry  Military  Reservation  which  has  been  leased  to  the  city  of 
Baltimore.    J.  Res.  of  Apr.  3,  1916  (39  Stat.  46). 
Mears,   Frederick,  Lieut.,  detail  of  to  assist  in  location  and  construction  of 
Government  railroads  in  Alaska.     J.  Res.  No.  17,  May  13,  1914  (38  Stat.  772). 
Medals,  gold,  with  thanks  of  Congress  presented  to  Seniors  Domicic  da  Gama, 
Romulo  S.  Na6n,  and  Eduardo   Suarez  for  services  as  mediators  between 
Government  of  United  States  and  warring  parties  in  Republic  of  Mexico. 
J.  Res.  No.  17,  of  Mar.  4,  1915  (38  Stat.  1228). 
Mediation  or  arbitration,  declared  policy  of  United  States  to  settle  all  interna- 
tional disputes  by.     Act  of  Aug.  29,  1916  (39  Stat.  618). 
Mediators,  thanks  of  Congress  and  gold  medals  presented  to  Senors  Domicio  da 
Gama,  Romulo  S.  Naon,  and  Eduardo  Suarez  for  services  as  between  United 
States  and  warring  parties  in  Mexico.     See  Medals. 
Medical  Bulletin,  Army,  for  instruction  of  medical  officers.     See  Medical  De- 
partment. 
Medical  Department : 

Authorized  to  sell  medical  and  hospital  supplies  to  soldiers'  home  at  con- 
tract price.     See  Soldiers'  home. 
Commutation  direct  to  soldier,  no  fee  to  agent  or  attorney.    Act  of  Mar.  3, 

1891    (26  Stat.  979). 
Commutation  to  persons  who  can  not  use  artificial  limbs.     Sec.  4790,  R.  S. 
Fort  Bayard  Hospital — 

Subject  to  Rules  and  Articles  of  War.     Act  of  June  12,  1906  (34  Stat. 

255). 
to  Treat  officers  and  men,  Navy  and  Marine  Corps     Act  of  Iklar.  2, 
1907  (34  Stat.  1172). 
Hospital  ships,  The  Hague  convention.     Sec.  1,  Act  of  Mar.  24,  1908   (35 

Stat.  46). 
Hot  Springs,  Ark. — 

Creating  reservation.     Sec.  4,  Act  of  Mar.  3,  1877  (19  Stat.,  378)  ;  Act 
of  Dec.  16,  1878    (20  Stat.,  258)  ;  sec.  3,  Act  of  June  16,  1880   (21 
Stat.  289). 
Estimates,  post  military  establishment.    Act  of  Aug.  4,  1886  (24  Stat. 

245)  ;  Act  of  Mar.  3,  1909  (35  Stat.  748). 
Hospital,  establishment  of.    Act  of  June  30,  1882  (22  Stat.  121). 
Hot  water  for  additional  houses;  new  bathhouses  not  to  be  owned  by 

interested  persons.    J.  Res.  No.  8,  Mar.  25,  1888  (26  Stat.  619). 
Hot  water  for  bathhouses  off  reservation.    J.  Res.  No.  14,  Mar.  3,  1887 
(24  Stat.  647). 
Hot  Springs  (S.  Dak.)  National  Sanitarium,  establishment.     Sec.  1,  Act  of 

May  29,  1902  (32  Stat.  282). 
Library,  binding.    Sec.  96,  Act  of  Jan.  12,  1895  (28  Stat.  601). 
Library,   Surgeon  General's  Office,  Ford's  Theater,  building  for.     Act  of 
Apr.  7,  1866  (12  Stat.  23). 


570  MILITARY   LAWS   OF    THE  UNITED   STATES,   1915. 

Medical  Department — Continued. 

National   Home  for   Disabled   Volunteer   Soldiers,    appropriation   for,   not 
available  for  any  brancli  which  permits  sale  of  intoxicating  liquors.    Act 
Aug.  1,  1914  (3S  Stat.  642). 
Printing  and  binding,  Army  Medical  Bulletin  for  instruction  of  medical 

officers.    Act  of  Aug.  1,  1914  (38  Stat.  642). 
State  or  Territorial  homes  for  disabled  soldiers  and  sailors,  appropriation 
for,    not   available   for   any   home   which   permits   sale    of   intoxicating 
liquors.    Act  of  Aug.  1,  1914  (38  Stat.  642). 
State  or  Territorial  homes  for  disabled  soldiers  and  sailors,   collections 

from  inmates  for  support  of.    Act.  of  Aug.  1,  1914,  (38  Stat.  642). 
Supply  depot  at  Fort  Sam  Houston,  Tex.     Acquisition  of  additional  land 
for  and  construction  of.    Act  of  Aug.  29,  1916  (39  Stat.  636). 
INIedical  and  hospital  supplies,  Medical  Department  authorized  to  sell  soldiers' 

home  at  contract  price.    See  Soldiers'  home. 
Medical  officers,  Army  Medical  Bulletin  for  instruction  of.    See  IMedical  Depart- 
ment 
Medical  officer,  detail  of,  with  Red  Cross.    Sec  Details  of  Army  Officers. 
Medicine  and  surgery,  license  to  practice  in  Alaska  not  apply  to  emergency 

medical  relief  to  natives.    Sec.  15,  Act  of  Feb.  6,  1909  (35  Stat.  604). 
Memorial  amphitheater,  Arlington,  Va.    See  Arlington  memorial  amphitheater. 
Memorial  monument  to  commemorate  the  women  of  the  Civil  War : 

Contribution  by  the  Government  for  the  site  and  for  the  building,  condition 

of  payment,  etc.    Act  of  Oct.  22,  1913  (38  Stat.  233). 
Commission  to  approve  site  and  plans  and  to  supervise  expenditures  to  con- 
sist of  the  Secretary  of  War,  the  chairman  of  the  Joint  Committee  of  tlie 
Library  of  Congress,  and  the  president  of  the  American  Red  Cross.    Act 
of  Oct.  22,  1913  (38  Stat.  233). 
Commission  of  Fine  Arts  also  to  approve  the  plans  for  the  memorial.    Act 

of  Oct.  22,  1913  (38  Stat.  233). 
Memoi'ial  to  be  permanent  headquarters  of  the  American  Red  Cross.    Act 

of  Oct.  22,  1913  (38  Stat.  233). 
Red  Cross,  American,  to  be  charged  with  and  responsible  for  the  awe, 
keeping,  and  maintenance  of  the  memorial  and  grounds,  but  the  title 
to  the  site  and  building  shall  be  in  the  United  States.    Act  of  Oct.  22, 
1913  (38  Stat.  233). 
Mexican  War,  pension  for  services  in.     See  Pensions. 
Mexico : 

National  cemetery  near  city  of,  subject  to  regulations  of  United  States 

national  cemeteries.    See  National  cemeteries. 
Relief  and  transportation  of  American  citizens  in.     Act  of  Apr.  24,  1914 

(38  Stat.  346).  . 

Relief  and  transportation  of  destitute  American  citizens  in.     J.  Res.  No. 

10,  Sept.  16,  1913  (38  Stat  238). 
Relief  and  transportation  of  destitute  American  citizens  in.    Act  of  July 

14,  1916  (39  Stat  359). 
Thanks  of  Congress  and  gold  medals  presented   to   SeSors  Domicio   da 
Gama,  Romnlo  S.  Naon,  and  Eduardo  Suarez  for  services  as  mediators 
between  United  States  and  warring  parties  of.     See  Medals. 
Midshipmen  at  United  States  Naval  Academy,  three  for  each  Senator,  Repre- 
sentative, and  Delegate  in  Congress,  one  for  Porto  Rico,  two  for  District  of 
Columbia,  10  appointed  each  year  at  large,  and  15  appointed  annually  from 
enlisted  men  of  the  Navy.    Act  of  Feb.  15,  1916  (39  Stat  9). 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915.  571 

Military  employees,  United  States  commissioners,  not  to  hold  or  exercise  duties 

of.    See  Civil  office. 
Military  posts: 

%   Funds  for  not  to  be  used  in  establisliment  of  military  prisons,    iice  Mili- 
tary prisons. 
Indian  schools,   use  of  vacant  barracks   and  for  normal  and  industrial 

training.     See  Details  of  Array  officers. 
Post  traders,  vacancies  not  to  be  filled.    Act  of  Jan.  28,  1893  (27  Stat  426). 
Military  prison : 

Convicts  limited  to  actual  subsistence.     Act  of  Feb.  25,  1910  <36  Stat.  210). 
Fort  Leavenworth  changed  to  United  States  penitentiary  under  Department 

of  Justice.    Act  of  June  10,  1896  (29  Stat.  380). 
Funds  for  military  posts  not  to  be  used  in  establishm^it  of.    Act  of  June 

25,  1910  (36  Stat.  721). 
Good  conduct  allowance  for  prisoners.     Sees.  1,  2,  and  3,  Act  of  June  21, 
1902  (32  Stat.  397). 
Military  prisoners : 

Detluction  from  sentences  for  good  conduct.    See  Federal  prisoners. 
Parole  of.     See^  Federal  prisoners. 
Military  reservations : 

Abandoned,  disposition  of.     See  Public  property. 

Abandoned,  Secretary  of  War  authorized  to  transfer  for  use  as  home  for 
care  and  treatment  of  persons  afflicted  with  leprosy.  Sees.  1-6,  Act  of 
Feb.  3,  1917  (39  Stat.  872-873). 
Henry  BaiTacks,  Cayey,  P.  R.  Transfer  of  control  and  jurisdiction  over 
portion  known  as  Magazine  Hill  to  the  Navy  Department  for  naval  pur- 
poses. Act  of  Aug.  29,  1916  (39  Stat.  568). 
Honolulu,  Hawaii,  exchange  of  wharves  with  the  Navy  D^artna^it.     Act 

of  May  12,  1917  (40  Stat.  57). 
Miley,  Fort,  Cal.     See  Winiield  Scott,  Fort,  GaL 
Offenses  on,  not  prahibited  by  Federal  law,  punishment  of.    See  Public 

property. 
Philippine  Islands — 

Acquisition  of,  arrest  on,  claims  for  private  lands  within,  etc.     See 

Philippine  Islands. 
Civil  authorities  not  to  interfere  with  military  administration  of  lands 

reserved  for.    See  Philippine  Islands. 
Liquor  licenses  not  to  be  granted  on  or  within  certain  areas.     See 
Philippine  Islands. 
Presidio  of  San  Francisco,  civil  i)olice  may  be  called  upon  to  make  arrests 

of  trespassers,  etc.  Act  of  June  4,  1888  (25  Stat,  167). 
Presidio  of  San  Francisco,  Cal.  Consent  of  United  States  to  the  closing 
of  certain  public  streets  of  the  city  of  San  Francisco  east  of  the  eastern 
boundary  of,  and  their  utilization  as  site  for  a  State  normal  school,  etc. 
Act  of  Aug.  29,  1916  (39  Stat.  637). 
Presidio  of  San  Francisco,  Cal.  Panama-Pacific  International  Exposition 
Co.,  and  its  successors  in  interest,  may  be  authorized  to  occupy  portion 
of,  with  a  palace  of  fine  arts.    Id. 

Extension  of  cession  of  jurisdiction  to  State  of  California  over  part  to 
be  occupied  during  such  occupancy,  and  to  terminate  on  revocation  of 
the  permit,  etc.    Id. 
Failure  to  remove  the  buildings  on  revocation  of  the  permit  to  vest  title 
to  them  in  the  United  States.    Id.  638. 


572  MILITARY  LAWS   OF    THE   UNITED   STATES,   1915. 

Military  reservations — Continued. 

Presidio  of  San  Francisco,  Cal.  Convey  site  of  palace  of  fine  arts  to  Cali- 
fornia University  in  exchange  for  other  lands,  etc.  Act  of  May  12,  1917 
(40  Stat.  57).  • 

Puuloa,  Pearl  Harbor,  Island  of  Oahu,  Territory  of  Hawaii.  Transfer  of 
jurisdiction  and  control  over  to  the  Navy  Department  for  use  for  naval 
purposes.  Act  of  Aug.  29,  1916  (39  Stat.  642). 
Sam  Houston,  Fort,  Tex.  Acquisition  of  additional  land  at,  and  construc- 
tion of  supply  depots  for  the  Quartermaster  Corps,  the  Medical  Depart- 
ment, the  Corps  of  Engineers,  and  the  Signal  Corps.    Id.  636. 

Shelter,  temporary,  for  troops  on  Canal  Zone.    Portion  of  money  appro- 
priated for   acquisition  of  site   and  construction  of,   above  supply 
depots  may  be  used  for  providing.    Id. 
no  Part  of  money  so  appropriated  to  be  paid  for  commutation  of 
fuel  or  quarters  for  enlisted  men.    Id. 
Sam  Houston,  Fort,  Tex.    Purchase  of  land  for  extending  reservation,  etc. 

Act  of  May  12,  1917  (40  Stat.  56). 
San  Jacinto,  Tex.,  county  or  city  of  Galveston  and  other  local  interests  to 

quiet  all  claims  to  title  to.    Act  of  July  27,  1916  (39  Stat.  398). 
Schofield  Barracks,  Territory  of  Hawaii.     The  Dowsett  Co.   (Ltd.)   given 
permission,  within  a  time  limit,  to  remove  certain  buildings  from.    Act  of 
Aug.  29,  1916  (39  Stat.  636). 
Vancouver  Barracks,  Wash.    Acquisition  of  additional  lands  and  construc- 
tion of  suitable  target  ranges,  etc.,  on.    Id.  638. 
Winfield   Scott,   Fort,  Cal.     Construction  of  road  connecting,   within   the 
Presidio  of  San  Francisco,  Cal.,  with  city  and  county  road  leading  to 
Fort  Miley.     Id.  637. 
Wood,  Fort  (Bedloes  Island),  New  York  Harbor,  Secretary  of  War  author- 
ized to  accept  funds  raised  by  popular  subscription  through  the  New  York 
World  for  construction  of  electric  lighting  plant  for  illuminating  the 
Statue  of  Liberty  on.    Sec.  5,  Act  of  July  27,  1916  (39  Stat.  411). 
Wright,  Fort  H.  G.,  N.  Y.    Exchange  of  right  of  way  to,  for  easement  in 
other  lands.    Act  of  Feb.  14,  1917  (39  Stat.  909). 
Military  roads : 

Atlantic  &  Pacific  Railroad,  post  route  and  military  road.    See  Transporta- 
tion. 
Northern  Pacific  Railroad,  post  route  and  military  road.    See  Transporta- 
tion. 
Southern  Pacific  Railroad,  post  route  and  military  road.     See  Transpor- 
tation. 
Union  &  Central  Pacific  Railroad,  post  route  and  military  road.     See  Trans- 
portation. 
Military  service,  foreign  countries,  ministers  of  United  States  in,  may  issue 

writs  to  prevent  American  citizens  from  enlisting  in.    See  Neutrality. 
Military  supplies,  use  of,  in  connection  with  relief,  protection,  and  transporta- 
tion of  American  citizens  in  Europe,  made  necessary  by  existing  political 
disturbances.     See  Europe. 
Military  telegraph  operators.  Civil  War,  record  and  certificate  of  service  to  per- 
sons who  serve  as.    Act  of  Jan.  26,  1897  (29  Stat.  497). 
Military  tribunals: 

Accused  may  testify.    Act  of  Mar.  16,  1878  (20  Stat.  30). 

Constitution,  composition,  jurisdiction,  etc.    Act  of  June  18,  1898  (80  Stat. 

483). 
Consuls,  United  States,  copies  of  records,  etc.     Sec.  896,  R.  S. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915.  573 

Military  tribunals — Continued. 

Closed  sessions  of  court-martial  trials.     Sec.  2,  Act  of  July  27,  1892   (27 

Stat.  278). 
Embezzlement  of  public  money;  transcript  of  books,  Treasury.     Sec.  887, 

R.  S. 
Evidence,  Little  &  Brown's  edition  of  the  statutes  to  be  competent.     Sec. 

908,  R.  S. 
Evidence,  rules,  witnesses  not  excluded  on  account  of  color.     Sec.  So8,  R.  S., 

as  amended  by  Act  of  June  29,  1906  (34  Stat.  618). 
Executive  departments,  records,  documents,  etc.,  copies  of.     Sec.  882,  R  .S. 
Incriminating  questions.     Sec.  860,  R.  S. 
Journals  of  Congress.     Sec.  895,  R.  S. 

Legislative  acts  and  judicial  proceedings,  authentication  of.     Sec.  905,  R.  S. 

Military  commissions,  spies.     Sec.  2,  Act  of  Apr.  10,  1806   (2  Stat.  371)  ; 

sec.  4,  Act  of  Feb.  13,  1862  (12  Stat.  340)  ;  sec.  38,  Act  of  Mar.  3,  1863 

(12  Stat.  737). 

Prisoners,  good  conduct  allowance.     Sees.  1,  2,  and  3,  Act  of  June  21,  1902 

(32  Stat.  397). 
Records  not  appertaining  to  court,  to  be  proved.     Sec.  906,  R.  S. 
Records,  etc.,  office  of  Solicitor  of  the  Treasury.     Sec.  883,  R.  S. 
Reporters.     Sec.  1203,  R.  S. ;  sec.  2,  Act  of  June  23,  1874  (18  Stat.  244). 
Returns,  copies  for  returns  office.     Sec.  888,  R.  S. 
Witnesses  compelled  to  attend.     Sec.  1202,  R.  S. 

Witnesses,  refusal  to  appear  or  testify.    Act  of  Mar.  2,  1901  (31  Stat.  950). 
Militia : 

Arms  and  equipments,  distribution  to  States.     Sec.  1670,  R.  S. 

Arms  and  ordnance  stores,  crediting  for  issue  during  Civil  War.     Sec.  3, 

Act  of  Mar.  3,  1875  (18  Stat.  455). 
District  of  Columbia — 
Militia  of — 

Authority  to  make  contracts  and  leases  and  expenditures  for  heat, 

light,  etc.     Act  of  Apr.  27,  1904  (33  Stat.  389). 
Deduction  of  pay  to  reimburse  for  public  property  lost,  etc. ;  also 
providing  an  allowance  for  clothing  and  equipment.     Sec.  1,  Act 
of  Mar.  2,  1911  (36  Stat.  1004).    Also  supplementing  the  ration. 
Purchase  of  supplies  and  procurement  of  services  for,  in  open 
market.    Act  of  May  26,  1908  (35  Stat.  303). 
Naval  Militia  of — 

Sees.  1  to  5,  Act  of  May  11,  1898  (30  Stat.  404). 
Horses,   purchase  and  maintenance  of;   use  of  appropriation  forbidding 

(temporary).    Act  of  Mar.  3,  1909  (35  Stat.  694). 
Issue  of  Springfield  rifles  to  States.    Act  of  Feb.  24,  1897  (29  Stat.  592). 
Ordnance  and  ordnance  stores  issued  to,  credit  for,  Act  of  Mar.  2,  1889 

(25  Stat.  833). 
Ordnance  and  ordnance  stores,  replacing  stores  carried  into  war  with  Spain. 

Act  of  Mar.  3,  1899  (30  Stat.  1073).  . 
Purchase  of  Army  supplies  for,  credit  for.    Sec.  3,  Act  of  Feb.  24,  1897  (29 
Stat.  592),  as  amended  by  Act  of  Mar.  15,  1898  (30  Stat.  326). 
Mining  claims,   Philippine  Islands,   on  military  reservations.     See  Philippine 

Islands. 
Mines,  torpedoes,  etc.,  for  harbor  defenses,  injuries  to.    See  Corps  of  Engineers. 
Minnesota  and  North  and  South  Dakotas,  consent  of  Congress  to  improvement 
of  boundary  water  by.    Sec.  5,  Act  of  Aug.  8, 1917  (40  Stat.  266). 


574  MILITAEY   LAWS   OP    THE   UNITED   STATES,   1915. 

.Mississippi  Centennial  Exposition  at  Gulfport,  Miss.,  transfer  of  Government 
exliibit  at  tlie  Panama-California  International  Exposition  to,  at  the  close  of 
tne  last-named  exposition.    J.  Res.  of  Sept.  8,  1916  (39  Stat.  854). 

Government  exhibit  board  authorized  to  repair  and  rearrange  the  Govern- 
ment exhibit  before  transferring  it  to  the  Mississippi  Centennial  Exposi- 
tion.   Sec.  3,  id.  855. 
Laws  or  parts  of  laws  relating  to  the  Government  exhibit,  a  Government 
exhibit  board,  including  detail  of  civilians  and  Army  and  Navy  officers, 
etc.,  continued  and  made  applicable  to  the  Mississippi  Centennial  Expo- 
sition.    Sec.  2,  id.  854. 
United  States  not  responsible  for  any  bond,  debt,  contract,  etc.,  in  connec- 
tion with  such  exposition.    Sec.  4,  id.  855. 
Mississippi  River  Commission,  creation,  duties,  headquarters  of,  etc.    See  Corps 

of  Engineers. 
Mississippi  River  floods,  control  of,  Pars,  a-d,  Sec.  1,  Act  of  Mar.  1,  1917  (39 

Stat.  948). 
Mississippi  River  flood.   Secretary  of  War  authorized  to  loan,  issue,  or  use 
quartermaster's  and  medical  supplies  for  relief  of  destitute  persons  in  dis- 
tricts overflo\ted  by.    J.  Res.  of  Feb.  15,  1916  (39  Stat.  11). 
Mississippi  River  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve 
with  food,   supplies   of  the  Quartermaster  and  Medical   Departments,   etc. 
J.  Res.  of  Aug.  3,  1916  (39  Stat.  434). 
Mississippi  River,  piers  and  cribs  in,  snag  boats  and  water  gauges  on.  South 

Pass  of,  etc.    See  Corps  of  Engineers. 
Missouri  Militia,  pensionable  status  of.     See  Pensions. 
Missouri  River  Commission,  composition,  creation,  duties,  etc.     See  Corps  of 

Engineers. 
Mokuumeume  (Fords)  Island  Naval  Reservation,  island  of  Oahu,  Territory  of 
Hawaii.     Transfer  of  control  and  jurisdiction  over  to  War  Department  for 
use  for  military  purposes.    Act  of  Aug.  29,  1916  (39  Stat.  568). 
Money,  Canal  Zone,  received  from  service,  supplies,  etc.,  disposition  of.     See 

Panama  Canal. 
Monuments  in  national  cemeteries,  destroying  and  injuring  trees  and.     See 

National  cemeteries. 
Moro  Province,  Philippine  Islands,  government  of,  use  of  Army  in  aid  of  civil 

authorities,  etc.    See  Philippine  Islands. 
Mosquito  Creek,  South  Carolina,  declared  nonnavigable.    Sec.  15,  Act  of  Aug.  8, 

1917  (40  Stat.  268). 
Murray,  Arthur,  Maj.  Gen.,  United  States  Army,  retention  of  on  active  list 

until  close  of  Panama-Pacific  International  Exposition.    See  Army  officers. 
Muskingum  River,  Ohio,  relief  of  lessees  of  water  power  on,  whose  property 
was  destroyed  by  Ohio  Valley  flood  of  March,  1913.     See  Corps  of  Engineers. 
Naon,  Sefior  Romulo  S.,  thanks  of  Congress  and  gold  medal  presented  to  for 
services  as  mediator  between  United  States  and  warring  parties  in  Mexico. 
See  Medals. 
Narcotics,  opium  or  coca  leaves,  their  salts,  derivatives,  etc. : 

Penalty  for  possession  or  control  of  by  persons  not  registered,  etc.     Sees. 
1-12,  Act  of  Dec.  17,  1914  (38  Stat.  785-790). 
National    archives    building.    District    of    Columbia.     See    Archives    building. 

national. 
National  cemeteri-es : 

Acquisition  of  lands  for,  by  Secretary  of  War.     Sec.  4870,  R.  S. 
Appraisement  of  land  appropriated  for,  by  court.     Sec.  4871,  R.  S. 


MILITARY   LAWS  OF   THE  UNITED  STATES,  1915.  575 

National  cemeteries — Continued. 

Care  and  preservation  of  cemetery  near  Mexico  City  in  which  are  buried 

officers  and  soldiers  of  the  United  States.     Sec.  4879,  R.  S.  * 
Cemetery  in  Mexico  to  be  subject  to  rules  and  regulations  affecting  national 

cemeteries  within  the  United  States.     Sec.  4880,  R.  S. 
Criminal  offenses,  defacing,  etc.  penalty.     Sec.  4881,  R.  S. 
Destroying  or  injuring  monuments,  trees,  etc,  prohibited.     Sec.  4881,  R.  S. 
Encroachments  by  railroads  forbidden.    Act  of  Mar.  2,  1895  (28  Stat  949). 
Expenses  for  burial  of  ex-Union  soldiers,  etc.,  in  Arlington  Cemetery  or 
other  cemeteries  in  the  District  of  Columbia  to  be  disbursed  by  Secretary 
of  War.     Act  of  Mar.  3,  1899  (30  Stat.  1108). 
Indigent  soldiers,  burial.     Act  of  Mar.  3,  1899   (30  Stat.  1108),  amended 
by  Act  of  April  28,  1904  (33  Stat.  495)  ;  sec.  1,  Act  of  June  25,  1910  (36 
Stat.  724). 
Land,  ac-quisition  of.     Sec.  4870,  R.  S.,  and  Act  of  July  24,  1876  (19  Stat. 

99)  ;  Act  of  Mar.  2,  1877  (19  Stat.  269). 
Marking  graves  of  Confederate  dead  in  all  cemeteries  at  Federal  military 
stations,  and,  or  locations  throughout  the  country.     See  Marking  graves 
of  Confederate  dead. 
Mexico  : 

Near  city  of.     Sec.  4879,  R.  S. 

Subject  to  rules  and  regulations  of  United  States  national  military 
cemeteries.     Sec.  4880,  R.  S. 
Payment  for  land.     Sec.  4872,  R.  S. 

Railroads  not  to  encroach  upon.  Act  of  Mar.  2,  1895  (28  Stat.  949)  ;  sec.  1, 
Act  of  June  25,  1910  (36  Stat.  723)  ;  sec.  1,  Act  of  March  4,  1911  (36  Stat. 
1399). 
Roadways  within  cori)orate  limits  of  cities,  towns,  etc.,  and  not  owned  by 
United  States  not  to  be  repaired,  and  no  appropriation  to  be  used  for  the 
maintenance  of  more  than  a  single  approach  to.  Act  of  July  1,  1916  (39 
Stat.  286). 
Secretary  of  War — 

to  Appoint  superintendents  and  erect  buildings.     See.  4873,  R.  S. 
to  Pay  appraised  value  of  lands.    Sec.  4872,  R.  S. 
Superintendents  are  authorized  to  make  arrests.     Sec.  2,  Act  of  Mar.  3, 

1897  (29  Stat.  621). 
Superintendent  to  make  arrests.     Sec.  4881,  R.  S. 
National  defense,  appropriation  of  $100,000,000  for.    Act  of  April  17,  1917  (40 
Stat.  28). 
Life  of  appropriation  extended  by  Act  of  Dec.  15,  1917    (Pub.  92,  65th 
Congress,  40  Stat.  — ). 
National  defense,  issue  of  bonds  to  meet  expenditures  for.     Sees.  1-8,  Act  of 
Apr.  24,  1917  (40  Stat.  35-37). 

Additional  issue  authorized  and  borrowing  of  money,  etc..  Sees.  1-12,  Act  of 
Sept.  24,  1917  (40  Stat.  288-295). 
National   defense   secrets,   Philippine  Islands,  jurisdiction   over   offense.     See 

Philippine  Islands. 
National  defense,  stimulating  agriculture  and  facilitating  the  distribution  of 

agi'icultural  products.     Sees.  1-12,  Act  of  Aug.  10,  1917  (40  Stat.  273-276). 
National  Homes  for  Disabled  Volunteer  Soldiers: 

Accounts.     Act  of  Aug.  18,  1894  (28  Stat.  411)  ;  Act  of  Mar.  3,  1901  (31 

Stat.  1178)  ;  Act  of  Apr.  28,  1904  (33  Stat  500). 
Balances,  disposal  of.    Act  of  Oct.  2,  1888  (25  S-tat.  543). 


576  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

National  Homes  for  Disabled  Volunteer  Soldiers — Continued. 

Board  of  pianagers,  appointment  of  new  members.     (Pub.  Res.  No.  54  of 

Mar.  3,  1917,  39  Stat.  1134.) 
Bond,  assistant  treasurer.     Act  of  June  6,  1900  (31  Stat.  636).     • 
Bonds  of  depositaries.     Sec.  2,  Act  of  July  9,  1886  (24  Stat.  129). 
Bonds,  officers'.    Act  of  Mar.  3,  1901  (31  Stat.  1178). 
Bonds  of  treasurers.     Act  of  Aug.  18,  1894  (28  Stat.  412). 
Branch  homes,  establishment,  sites  for.     Sec.  4,  Act  of  Mar.  21,  1866  (14 

Stat.  10)  ;  Sec.  1,  Act  of  Jan.  23,  1873  (17  Stat.  417)  ;  sec.  4830,  R.  S., 

and  Act  of  July  7, 1898  (30  Stat.  668). 
Branches,  officers',  qualifications.     Sec.  4829,  R.  S.,  and  Act  of  Apr.  11,  1892 

(27  Stat.  15),  as  amended  by  Act  of  June  28,  1902  (32  Stat  472). 
Citizens  as  managers.     Sec.  4826,  R.  S. 
Duties,  board  of  managers.     Sec.  4834,  R.  S. 
Election,  board  of  managers.     Sec.  4827,  R.  S.,  and  Act  of  Mar.  3,  1901  (31 

Stat.  1178). 
Estimates.    Act  of  Oct.  2,  1888  (25  Stat.  543). 
Estimates,  detailed.    Act  of  Mar.  3,  1879  (20  Stat.  390). 
Estimates,  itemized.    Act  of  Aug.  4,  1886  (24  Stat.  251). 
Exemptions  of  medical  officers.     Act  Feb.  9,  1897  (29  Stat.  517). 
Expenditures.     Act  of  Mar.  3,  1887  (24  Stat.  539). 
Expenses,  board  of  managers.     Sec,  4828,  R.  S.,  and  Act  of  Aug.  18,  189 i 

(28  Stat.  412). 
Headquarters  established  and  hereafter  to  be  maintained  at  the  Central 

Branch,    National    Military    Home,    Ohio.     Act    of    July    1,    1916    (39 

Stat.  297). 
Inmates  subject  to  Articles  of  War.     Sec.  4835,  R.  S.     Held  in  1870  uncon- 
stitutional.    In  re  Kelly,  71  Fed.  Rep.  545. 
Insane,  building  for.     Act  of  Mar  3,  1881  (21  Stat.  447). 
Insane  patients.    Act  of  Aug.  7,  1882  (22  Stat.  330). 
Jurisdiction  recession.    Act  of  Mar.  3,  1901  (31  Stat.  1175). 
Laws,  documents,  and  records  to  be  furnished.     Sec.  4837,  R.  S.,  and  Act 

of  July  26,  1894  (28  Stat.  159). 
Loss  of  appropriation  where  permit  sale  of  intoxicating  liquors.     See  Medi- 
cal Department 
Mail  sent  free.    Act  of  Aug.  IS,  1894  (28  Stat.  412). 
Money,  how  drawn.     Act  of  Mar.  3,  1875  (18  Stat.  359),  amended  by  Act 

of  Mar.  4,  1909  (35  Stat.  1012). 
'     National   sanitarium   in   connection   with,   at  Hot   Springs,   S.   Dak.     See 

Medical  Department. 
New  buildings.     Act  of  Mar.  3,  1879  (20  Stat.  390). 

Officers  not  connected  with  liquor  traffic.       Act  of  Mar.  3, 1887  (24  Stat.  540). 
Organization.     Sec.  4825,  R.  S. 

Outdoor  relief.     Act  of  Aug.  23,  1894  (28  Stat.  492). 
Pay,  rates,  classified.     Act  of  Aug.  18,  1894  (28  Stat.  412)  ;  Act  of  Mar.  2, 

1895  (28  Stat.  952). 
Pensions  due  inmates  paid  to  treasurers.     Act  of  Aug.  7, 1882  (22  Stat.  322). 
Pensions — 

Divided  with  wife.     Sec.  4766,  R.   S.,  and  Act  of  Mar.  3,  1899    (30 

Stat.  1379). 
to  Inmates,  how  paid.     Sec.  2,  Act  of  Feb.  26,  1881    (21  Stat.  350); 
Act  of  July  1,  1902  (32  Stat.  564). 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  577 

National  Homes  for  Disabled  Volunteer  Soldiers — Continued. 

Persons  entitled  to  benefits.  Sec.  4832,  R.  S.,  and  sec.  5,  Act  of  July  5, 
1884  (23  Stat.  121)  ;  sec.  2,  Act  of  Mar.  2,  1887  (24  Stat.  444)  ;  sec.  5. 
Act  of  July  23,  1888  (25  Stat.  341)  ;  Act  of  May  26,  1900  (31  Stat.  217), 
amended  by  Act  of  Mar.  4,  1909  (35  Stat.  1012),  sec.  1,  Act  of  June  25, 
1910  (36  Stat.  736)  ;  and  Act  of  Mar.  3,  1915  (38  Stat.  853). 
Purchases — 

by  Board  of  Managers.    Act  of  July  1,  1898  (30  Stat.  640). 
Supplies,  after  advertisement.     Act  Mar.  3,  1879   (20  Stat.  390)  ;  Act 
of  June  11,  1896  (29  Stat.  445).    . 
Receipts  from  sales.    Act  of  Aug.  18,  1894  (28  Stat.  412). 
Repairs,  funds  for.    Act  of  June  4,  1897  (30  Stat.  54). 
Salaries,  estimates.    Act  of  Aug.  5,  1892  (27  Stat.  384). 
Sites,  condemnation  of  land  for.    Act  of  July  19,  1897  (30  Stat.  105). 
State  and  Territorial  homes  to  be  paid  for  care  of  disabled  soldiers  and 
sailors.     Sec.  4825,  R.  S.,  and  Act  of  Aug.  27,  1888  (25  Stat.  450)  ;  Act 
of  Apr.  28,  1904  (33  Stat.  504). 
States  to  pay  half.     Act  of  Mar.  2,  1889   (25  Stat.  975)  ;  Act  of  Apr.  28, 
1904   (33  Stat.  504)  ;  Act  of  May  28,  1908   (35  Stat.  419)  ;  Act  of  May 
4,  1909  (35  Stat.  1012). 
Supported  by  appropriations.     Sec.  4831,  R.  S. ;  Act  of  Mar.  3,  1875   (18 

Stat.  359). 
Transfers  of  inmates.     Act  of  Aug.  23,  1894    (28  Stat.  492). 
Transportation  at  reduced  rates.    Sec.  9,  Act  of  Mar.  2,  1889  (25  Stat.  855). 
Traveling  expenses,  officers.    Act  of  Aug.  18,  1894  (28  Stat.  412). 
Vacancies  occurring  in  membership  of  board  of  managers  of,  not  to  be 
filled  until  the  whole  number  of  members  of  such  board  is  reduced  to  five, 
and  thereafter  the  number  of  members  constituting  such  board  shall  not 
exceed  five.    Act  of  June  23,  1913  (38  Stat.  43). 
National  memorial  celebration  and  peace  jubilee  to  be  held  at  Vicksburg,  Miss,. 
during  1917,  appropriation  for,  provisions  relative  to  expenditure  of,  etc. 
Act  of  Sept.  8,  1916  (39  Stat.  812). 
National  military  parks: 
Antietam  battle  field — 

Locating,  preserving,  marking,  etc.,  lines  of  battle.    Act  of  August  30, 
1890  (26  Stat.  401)  ;  Act  of  Aug.  5,  1892  (27  Stat.  377)  ;  Act  of  Mar. 
3,  1893  (27  Stat.  599)  ;  Act  of  Mar.  2,  1895   (28  Stat.  950)  ;  Act  of 
June  11,  1896  (29  Stat  443). 
Secretary  of  War  to  have  supervision  of.     Act  of  Aug.  30,  1890   (26 
Stat.  401). 
Chickamauga  and  Chattanooga  National  Military  Park,  establishment  of 
and  general  provisions  concerning.    Act  of  Aug.  19,  1890  (26  Stat.  333)  ; 
Act  of  Mar.  3, 1891  (26  Stat.  978)  ;  Act  of  Aug.  5,  1892  (27  Stat.  376)  ;  Act 
of  Mar.  3,  1893  (27  Stat.  598)  ;  Act  of  Aug.  18,  1894  (28  Stat.  403)  ;  Act 
of  Mar.  2,  1895  (28  Stat.  945). 

Donation  of  cannon,  etc.    Act  of  Aug.  5,  1892  (27  Stat.  376). 
Donation  of  land  for  roads.    Act  of  Mar.  3,  1893  (27  Stat.  599). 
Injury  to  monuments,  trees,  etc. ;  penalty.    Sec.  10,  Act  of  Aug.  5,  1892 

(27  Stat.  376). 
Leases  of  lands  within.    Act  of  Aug.  5,  1892  (27  Stat.  376). 
Location  of  State  monuments.    Act  of  June  4,  1897  (30  Stat.  43). 
Restriction  on  erection  of  monuments  in.     Act  of  Feb.  26,  1896   (29 
Stat.  21). 

54208°— 18 37 


578  MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 

National  military  parks — Continued. 

Cliiekamauga  and  Chattanooga  National  Military  Parks,  etc. — OoatlDued. 
Right  of  way  to  Chattanooga  Rapid  Transit  Co.    Act  of  May  7,  1898 

(30  Stat.  399). 
States  may  ascertain  and  mark  lines  of  battle  therein.     Sec.  8^  Act  of 

Aug.  19,  1890  (26  tSat.  333). 
Use  of  material  in  park  in  erection  of  monuments  by  Statutes.    Joint 

Res.  No.  8,  Oct.  2,  1893  (28  Stat.  12). 
Commissions — 

Vacancies  occurring  by  death  or  resignation  in  offices  of  commissioners 

not  to  be  filled.    Act  of  Aug.  24,  1912   (37  Stat.  442). 
Vacancies,  until  vacation  by  all  members,  to  be  filled  by  Secretary  of 

War  as  member  ex  ofiicio;  and  after  such  vacation  duties  to  be 

performed  under  the  Secretary  of  War.    Id. 
Gettysburg  National  Park — 

Acceptance  of  land  from  Battlefield  Memorial  Association.    Act  of  Feb. 

11,  1895  (28  Stat.  651). 
Acquisition  of  additional  land.    Sees.  4,  5,  and  9,  Act  of  Feb.  11,  1895 

(28  Stat.  651). 
Acquisition  of  lands.     Joint  Res.  No.  30»  June  5,  18^  (28  Stat.  584). 
Commissioners,  compensation,  duty,  etc.     Sec.  3,  Act  of  Feb.  11,  1895 

(28  Stat.  651). 
Continuing    aarveys,    improvements,   etc.     Act   of   Aug.    18,    1894    (28 

Stat.  405). 
Destroying,    injuring,    etc,    statues,    fences,    shrubl^ery,    trees,    etc. ; 

penalty.     Sec.  7,  Act  of  Feb.  11,  1895  (28  Stat.  651). 
Erec-tioo  of  nKttiumeiits.     Act  of  Mar.  3, 1887  (24  Stat.  535)  ;  Act  of  Oct. 

2,  1888  (25  Stat.  538)  ;  sec.  8,  Act  of  Feb.  11,  1895  (28  Stat.  651). 
Improvement  of  roads,  etc.     Act  of  June  10,  1896  (29  Stat.  384). 
Lease  of  lands  within.    Act  of  June  4,  1897  (30  Stat.  44). 
Monuments  and  avenues  for  marking  positions  of  troops,  etc.    Act  of 

Mar.  3,  1893  (27  Stat.  599). 
Purchase  of  additional  lands  for.     Act  of  May  12,  1917  (40  Stat.  59). 
Secretary  of  War  to  provide  regulations.     Sec.  6,  Act  of  Feb.  11,  1805 

(28  Stat.  651). 
Specimens  of  arms,  etc.,  used  in  battle  to  be  furnished.    Act  of  July  27, 

1892  (27  Stat.  276). 
Guilford  Courthouse  National  Military  Park — 

Boundaries  of.     Sec.  1,  Act  of  Mar.  2,  1917  (39  Stat.  996). 
Commissioners  for.     Sec.  4,  id.,  997. 
Duties  of  commissioners.     Sec.  5,  id.,  998. 
Establishment  of.     Sec.  1,  id.,  996. 
Mutilation  of  monuments,  etc.,  on.     Sec.  7,  id.,  998. 
Pay  of  commissioners.     Sec.  4,  id.,  997. 
Placed  under  control  of  Secretary  of  War.     Sec  2,  id.,  997. 
Secretary  of  War  may  acquire  additions  to.     Sec.  3,  j.d.,  997. 
States  may  mark  lines  of  battle,  etc,  on.     Sec  6,  id.,  998. 
Trespassing  upon,  etc.     Sec.  7,  id.,  998. 
Shiloh  National  Military  Park — 

Appropriation  for,  etc     Sec  8,  Act  of  Dec.  27,  1894  (28  Stat.,  597). 
Commissioners,  compensation,  duty,  etc    Sees.  4  and  5,  Act  of  Dec  27. 

1894  (28  Stat.  597). 
Condemned  cannon  balls,  etc,  to  be  furnished  to.     Act  of  June  11,  1S06 

(29  Stat.  442). 


MILITARY  LAWS  OF   THE   UNITED  STATES,   1915.  579 

National  military  parks — Continued. 

Shiloh  National  Military  Park — Continued. 

Establishment  of,  and  general  provisions.     Act  of  Dec.  27,  1894    (28 

Stat.  597). 
Injuring  or  destroying  monuments,  fences,  shrubbery,  trees,  etc.    Sec.  7, 

Act  of  Dec.  27,  1894  (28  Stat.  597). 
Leases  of  lands  within.     Sec.  3,  Act  of  Dec.  27,  1894  (28  Stat.  597). 
Location  of  office,  limitation  on  purchase  of  land,  etc.     Act  of  Mar.  2, 

1895   (28  Stat.  945). 
Marking  lines  of  battle,  etc.    Sec.  6,  Act  of  Dec.  27,  1894  (28  Stat.  597). 
Vicksburg  National  Military  Park — 

Acquisition  of  lands  for.    Sec.  2,  Act  of  Feb.  21,  1899  (30  Stat.  841). 
Commissioners,  duties,  salary,  «tc.     Sees.  4  and  5,  Act  of  Feb.  21,  1899 

(30  Stat.  842). 
Construction  of.     Sec.  8,  Act  of  Feb.  21,  1899  (30  Stat.  843). 
Establishment  of,  extent,  etc.    Act  of  Feb.  21,  1899  (30  Stat.  841). 
Injui-y  to  monuments,  trees,  etc. ;  Penalty.    Sec.  7,  Act  of  Feb.  21,  1899 

(30  Stat.  843). 
Leases  of  lands  within.     Sec  3,  Act  of  Feb.  21,  1899  (30  Stat.  841). 
State  monuments,  erection.     Sec.  6,  Act  of  Feb.  21,  1899  (30  Stat.  842). 
National  parks : 

Ejectments  from  lands  purchased  for.    Sec.  4,  Act  of  Mar.  3,  1897  (29  Stat. 

621). 
General  Grant;  employment  of  military  force  to  prevent  trespassers  or 
intruders  from  destroying  the  game  or  objects  of  curiosity  therein.     Act 
of  June  6,  1900  (31  Stat  618). 
Penalty  for  hunting,  shooting,  trespassing,  etc.     Act  of  Mar.  3,  1897   (29 

Stat.  621). 
Removal  of  trespassers,  etc.,  from  General  Grant,  Sequoia,  and  Yosemite. 

See  Employment  of  military  force. 
Sequoia ;  employment  of  military  force  to  prevent  trespassers  or  intruders 
from  destroying  the  game  or  objects  of  curiosity  therein.    Act  of  June  6, 
1900  (31  Stat.  618). 
Yellowstone  National  Park — 

Belongs  to  judicial  district  of  Wyoming.    Sec.  2,  Act  of  May  7, 1894  (28 

Stat  73). 
Commissioners,  duties  of :  Trials  of  offenders,  appeals,  limits  of  author- 
ity, etc.     Sees.  5  and  7,  Act  of  May  7,  1894  (28  Stat.  73).  . 
Deputy  marshals  and  terms  of  court     Sec.  6,  Act  of  May  7,  1894  (28 

Stat  73). 
Employees ;  appointment,  compensation,  etc.     Act  of  Mar.  3,  1883  (22 

Stat  626). 
Establishment.     Sec.  2474,  R.  S. 

Jail  and  office  building.     Sec.  9,  Act  of  May  7,  1894  (28  Stat  73). 
Leases    within    authorized.      Act    of    Aug.    3,    1894    (28    Stat.    222). 
Penal  provisions  relating  to  hunting,  fishing,  violation  of  regulations, 

etc.    Sec.  4,  Act  of  May  7,  1894  (28  Stat  73). 
Protection  of  fish  and  game  and  removal  of  trespassers,  etc.     Sec. 

2475,  R.  S. 
Punishment  of  offenses  under  Wyoming  laws.     Sec.  3,  Act  of  May  7, 

1894  (28  Stat  73). 
Road  extensions  and  improvements  to  be  under  Chief  of  Engineers. 
Act  of  June  6,  1900  (31  Stat  G25). 


680  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

National  Parks — Continued. 

Yellowstone  National  Park — Continued. 

Secretary  of  Interior  to  have  control.    Sec.  2475,  R.  S. 

Secretary  of  the  Interior  to  make  regulations  for  management,  care, 

and  protection  of.    Sec.  4,  Act  of  May  7,  1894  (28  Stat.  73). 
Under  exclusive  jurisdiction  of  the  United  States.    Sec.  1,  Act  of  May 
7,  1894   (28  Stat.  73). 
Yosemite ;  employment  of  military  force  to  prevent  trespassers  or  intruders 
from  destroying  the  game  or  objects  of  curiosity  therein.    Act  of  June  6, 
1900  (31  Stat.  618). 
National  Sanitarium,  Hot  Springs,  S.  Dak.,  in  connection  with  National  Home 

for  Disabled  Volunteer  Soldiers.    See  Medical  Department. 
Native   wines,   Philippine   Islands,   sate   of,   to   soldiers,   etc.     See   Philippine 

Islands. 
Naturalization : 

Alien  enemies  not  admitted.    Sec.  2171,  R.  S. 

Aliens  of  African  nativity  and  descent.    Sec.  2169,  R.  S. ;  and  Act  of  Feb. 

18,  1875  (18  Stat.  318). 
Aliens,  declared  intention,  oath,  residence,  etc.     Sec.  2165,  R.  S. ;  and  Act 
,     of  Feb.  1,  1876  (19  Stat.  2)  replaced  by  sees.  3  and  4,  Act  of  June  29, 

1906  (34  Stat.  596). 
Children  of  naturalized  persons.     Sec.  2172,  R.  S.,  as  amended  by  sec.  5, 

Act  of  Mar.  2,  1907  (34  Stat.  1229). 
Declaration  of  intention,  how  made.    Sec.  5,  Act  of  June  29,  1906  (34  Stat. 

598). 
False  certificate  of  citizenship,  penalty.     Sec.  74,  Act  of  Mar.  4,   1909, 

Criminal  Code  (35  Stat.  1102). 
Indians  adopting  civilized  life  and  allottees.    Sec.  6,  Act  of  Feb.  8,  1887  (24 

Stat.  390). 
Minor  residents.    Sec.  2167,  R,  S.,  replaced  by  sec.  4,  Act  of  June  29,  1906 

(34  Stat.  596). 
Petitions  filed  in  term  time  or  vacation.     Sec.  6,  Act  of  June  29,  1906  (34 

Stat.  598). 
Residence  required.     Sec.  2170,  R.  S.,  as  amended  by  sec.  10,  Act  of  June 

29,  1906  (34  Stat.  599). 
Restrictions,  qualifications,  procedure,  etc.    Act  of  June  29,  1906  (34  Stat. 

598). 
Widojv  and  dependent  children  of  declarants.    Sec.  2168,  R.  S.,  replaced  by 
sec.  4,  Act  of  June  29,  1906  (34  Stat.  598). 
Naval  Academy,  United  States,  appointment  of  3  midshipmen  at,  for  each  Sen- 
ator, Representative,  and  Delegate  in  Congress,  1  for  Porto  Rico,  2  for  Dis- 
trict of  Columbia,  10  appointed  each  year  at  large,  and  15  appointed  annu- 
ally from  enlisted  men  of  the  Navy.    Act  of  Feb.  15,  1916  (39  Stat.  9). 
Naval  Militia,  District  of  Columbia,  authorization  of,  etc.     See  Militia. 
Naval  radio  station.  Canal  Zone.    See  Panama  Canal. 

Naval  radio  stations :  Lands  of  the  United  States  under  control  of  a  particular 
department  or  other  branch  of  the  Government  that  have  been  or  may  here- 
after be  mutually  selected  as  site  for  naval  radio  station  may  be  transferred 
to  control  and  jurisdiction  of  Navy  Department  for  use  as  radio  stations  or 
other  naval  purposes.  Act  of  Aug.  29,  1916  (39  Stat.  606). 
Naval  reservation.  Fords  (Mokuumeume)  Island,  island  of  Oahu,  Territory  of 
Hawaii.  Transfer  of  control  and  jurisdiction  over  portion  of,  to  War  Depart- 
ment for  military  purposes.    Act  of  Aug.  29,  1916  (39  Stat.  568). 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1015.  581 

Navasota  Transfer  Company,  relief  from  contract  for  forage.    Act  of  May  12, 

1917   (40  Stat.  75).  . 

Navigable  waters   {see  also  Rivers  and  harbors)  : 

Authority  for  construction  of  fishways  in.    See  Corps  of  Engineers. 
Bridges,  dams,  etc.,  over  or  across.    See  Corps  of  Engineers. 
Harbor  lines,  establishment  and  extension  of.     See  Corps  of  Engineers. 
Mississippi  River  Commission,  creation,  duties,  headquarters  of,  etc.    See 

Corps  of  Engineers. 
Mississippi  River,  piers  and  cribs  in,  -snag  boats  and  water  gauges  on, 

South  Pass  of,  etc.     See  Corps  of  Engineers. 
Missouri   River   Commission,   composition,   creation,   duties,   etc.,   of.     See 

Corps  of  Engineers. 
New  York  Harbor,  regulations  governing,  etc.    See  Corps  of  Engineers. 
Obstruction  of,  by  bridges,  etc.,  navigable  rivers  form  public  highways,  etc. 

See  Corps  of  Engineers. 
Porto  Rico,  permits  for  construction  of  works  in.     See  Porto  Rico. 
Public  works,  unauthorized  use  of.     See  Corps  of  Engineers. 
Rivers  and  harbors  works,  estimates,  reports,  surveys,  etc.     See  Corps  of 

Engineers. 
Wharf  property,  District  of  Columbia,  control  of.     See  Corps  of  Engineers. 
Navigation  laws,   Philippine   Islands,   administration  of,   etc.     See  Philippine 

Islands. 
Navigation,  obstructions  to,  penal  clauses,  removal  of  sunken  vessels,  wrecks, 

etc.     See  Corps  of  Engineers. 
Navy  Department : 

Fords  (Mokuumeume)  Island  Naval  Reservation,  island  of  Oahu,  Territory 
of  Hawaii.    Transfer  of  control  and  jurisdiction  over,  to  War  Depart- 
ment.   Act  of  Aug.  29,  1916  (39  Stat.  568). 
Puuloa  Military  Reservation,  island  of  Oahu,  Territory  of  Hawaii.    Trans- 
fer of  control  and  jurisdiction  over,  by  War  Department  to,  for  use  for 
naval  purposes.     Id.  642. 
Navy,  detail  of  officers  and  enlisted  men  of  Marine  Corps  and,  to  serve  under 
Government   of  Republic   of  Haiti.     Sees.   1-5,   Act  of   June   12,   1916    (39 
Stat.  223). 
Navy,  Fort  Bayard  Hospital,  treatment  of  officers  and  men  of,  at.     See  Medical 

Department. 
Neutrality,  ministers  of  United  States  in  foreign  countries  may  issue  writs  to 
prevent  enlistment  of  Americans  in  military  service  of  foreign  governments. 
Sec.  4090,  R.  S. 
New  Panama  Canal  Co.,  purchase  of  rights  of.     See  Panama  Canal. 
New  York  Harbor,  regulations  governing,  etc.    See  Corps  of  Engineers. 
New  York  W^orld,  Secretary  of  War  authorized  to  accept  fund  raised  by  public 
subscription  by,  for  construction  of  electric  lighting  plant  for  illumination  of 
the  Statue  of  Liberty  on  Bedloes  Island,  New  York  Harbor.     Sec.  5,  Act  of 
.Tuly  27,  1916  (39  Stat.  411). 
Nicaragua  Canal,  as  alternative  route,  authorized.     See  Panama  Canal. 
Nicaragua,  concessions  from.     See  Panama  Canal. 

Niagara  River,  extension  of  time  for  issuance. of  temporary  permits  for  diver- 
sion of  water  from,  and  investigation  of  water  diversion  question,  etc.  Joint 
Res.  of  June  30,  1917  (40  Stat.  241). 
Noble,  Alfred,  erection  of  a  memorial  fountain  to,  in  public  grounds  of  District 
of  Columbia  by  American  Society  of  Civil  Engineers.  J.  Res.  of  May  8, 
1916  (39  Stat.  65). 


582  MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 

Nonindebtedness,  Army  officers  accountable  for  public  property  to  secure  cer- 
tificates of,  before -discharge.     See  Public  property. 
North  Carolina  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve 
with  food,  supplies  of  Quartermaster  and  Medical  Departments,  etc.    J.  Res. 
of  Aug.  3,  1916  (39  Stat.  434). 
North  Dakota,  South  Dakota,  and  Minnesota,  consent  of  Congress  to  improve- 
ment of  boundary  waters  by.     Sec.  5,.  Act  of  Aug.  S,  1917  (40  Stat.  266). 
Northern  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 
Nurses,  Army,  pensionable  status.     See  Pensions. 
Oaths : 

Pension  claims,  etc.^  before  authorized  officer.    See  Pensions, 
Philippine  Islands,  who  may  administer.     See  Philippine  Islands. 
Postmasters  may  administer,  as  to  pension  matters.     See  Pensions. 
Offenses  on  high  seas,  Philippine  Islands,  jurisdiction  over.     Sec  Philippine 

Islands. 
Offenses  on  military  reservations,  not  prohibited  by  Federal  law,  how  punislied. 

See  Public  property. 
Office,  right  to  hold  not  forfeited  on  conviction  in  the  juvenile  court.  District 

of  Columbia.    Act  of  Apr.  27,  1916  (38  Stat.  56). 
Officers  and  employees,  use  of,  in  affording  relief,  protection,  and  tran.si)orta- 
tion  to  American  citizens  in  Europe,  made  necessary  by  existing  political 
disturbances,     ^ee  Europe. 
Officers,   use  of  names   of  for   advertising   purposes   by    attorneys   prneticing 

before  executive  departments.     Act  of  Apr.  27,  1916  (29  Stat.  54). 
Official  business,  subsistence  allowance  to  be  paid  to  persons  traveling  outside 

the  District  of  Columbia  on.    See  District  of  Columbia. 
Ohio  River  improvement  as  to^  locks  and  dams,  etc.,  not  placed  under  juris- 
diction of  the  Mississippi  River  Comrarssion-  in  the  extension  of  the  jurisdic- 
tion  of   the   commission   to   certain   tributaries   of   Mkssis.six)pi    River.      Act 
of  July  27,  1916  (39  Stat.  402). 
Ohio  Valley  flood  of  March,  1913,  relief  of  lessees  of  waterpower  on  Muskingum 

River,  Ohio,  whose  property  was  destroyed  by.     See  Corps  of  Engineers. 
Oklahoma,  reimbursement  for  camp,  etc.,  expenses,  IM^  1911.    Act  of  May  12, 

1917  (40  Stat.  66). 
Oklawaha  River,  Fla. : 

Transfer  of  title  to  the  United  States  to  the  "  Kyle  and  Young  Canal "  and 
the  "  Morrison  Landing  extension "  of  the  sasie,  etc.     Act  of  July  27, 
1916  (39  Stat.  396). 
Canal  to  become  a  public  waterway  of  the  United  States.     Id. 
Ordnance  and  ordnance  stores: 

Issue  to  the  militia,  credit  to  appropi-iation  for.    See  Militia. 
Replacing  stores  carried  into  war  Avith  Spain.    See  Militia. 
Sale  of  rifles,  etc.,  to  Cuba.    See  Cuba. 
Palace  of  Pine  Arts,  permit  to  Panama-Pacific  International  Exposition,  and  its 
successors  in  interest,  to  occupy  portion  of  Presidio  of  San  Francisco  Mili- 
tary Reservation,  Cal.,  with.    Act  of  Aug.  29,  1916  (39  Stat.  637). 

Extension  of  cession  of  jurisdiction  to  State  of  California  over  part  so 
occupied  during  such  occupancy,  and  to  terminate  on  revocation  of  per- 
mit, etc.    Id. 
Failure  to  remove  the  buildings  on  revocation  of  the  permit  to  vest  title  to 

them  in  the  United  States.     Id.  638. 
Transfer  of  site  of  to  California  University  in  exchange  for  other  lands. 
Act  of  May  12,  1&17  (40  State.  57). 


_  1915.  583 

Panama  Canal.    >See  also  Isthmian  Canal  Commission. 

Acquisition  of  right  of  way  from  Republic  of  Colombia.     Sees.  2  and  3, 

Act  of  June  28,  1902  (32  Stat.  481). 
Advertising,  unserviceable  equipment,  etc.,  may  be  sold  without.     Sec.  8, 

Act  of  Aug.  1,  1914  (38  Stat.  679). 
Alternative  route  authorized.     Sec.  4,  Act  of  June  28,  1902  (32  Stat.  482). 
American  l^ation  building  at  Panama,  transfer  of,  without  charge  to  juris- 
diction of  Secretary  of  State.    Act  of  July  1,  1916  (39  Stat.  334). 
Appropriation  for  property  of  canal  company  and  for  right  of  way.    Sec.  3, 

Act  of  June  28,  1902  (32  Stat.  482). 
Appropriations  heretofore,  herein,  and  hereafter  made,  with  certain  ex- 
ceptions, to  be  paid  from  or  reimbursed  to  the  United  States  Treasury 
from  proceeds  of  sales  of  bonds.    Act  of  July  1,  1916  (39  Stat.  334). 
Appropriations.     Sec.  5,  Act  of  June»28,  1902  (32  Stat.  483). 

for  Construction  available  for  payment  of  obligations  of  canal  com- 
mission.    Sec.  4,  Act  of  May  27, 1908  (35  Stat.  387). 
to  Continue.     Sec.  2,  Act  of  Dec.  21,  1905  (34  Stat.  5). 
Bonds — 

on  Circulating  notes  of  national  banks  based  on  deposit  of.     Act  of 

Dec.  21,  1905  (34  Stat.  5). 
to  Defray  expenses,  issue,  interest,  exemption  from  taxation.     Sec.  8, 
Act  of  June  28,  1902  (32  Stat.  484)  ;  Act  of  Dec.  21,  1905  (34  Stat.  5)  ; 
sec.  39,  Act  of  Aug.  5,  1909  (36  Stat.  117). 
Proceeds  of  sales  of,  available  for  reimbursement  of  Treasury  for,  or 
payment  of  expenditures  from  appropriations  heretofore,  herein,  or 
liereafter  made.     Act  of  July  1,  1916  (39  Stat  334). 
Provisions  against  use  as  security  for  national-bank  circulating  notes. 

Act  of  Mar.  2,  1911  (36  Stat.  1013). 
Reimbursement  ©f  expenditures  from  sale  of.     Act  of  Aug.  5,  1909  (36 

Stat.  117)  ;  Act  of  Mar.  4,  1911  (36  Stat.  1450). 
Rights  and  privileges  of.     Act  of  Dec.  21,  1905  (34  Stat.  5). 
Building    for    Government    exhibit   on    Presidio    of    San    Franciso.     See 
Panama-Pacific  International  Exposition. 
Use  of  building  at  close  of  exposition.     See  Panama-Pacific  Interna- 
tional Exposition. 
Canal  Zone — 

Automobiles,  penalty  for  operating  in  violation  of  regulations  for  licens- 
ing and  taxing.     Sec.  5,  Act  of  Aug.  21,  1916  (39  Stat  528). 
Breach  of  the  peace,  unlawful  to  commit  a.     Sec.  4,  id. 
Business  or  trade,  penalty  for  conducting  in  violation  of  regulations 

relative  to.     Sec.  5,  id. 
Civil  government  of,  general  provisions.     Sec.  7,  Act  of  Aug.  24,  1912 
(37  Stat  564). 
District  courts  established,  rules,  procedure.     Sec.  8,  id. 
Gov^nor,  appointment  of.     Sec.  4,  id. 

United  States  citizens,  magistrates,  and  constables.    Sec.  7,  id. 
Consolidation  of  zone  government,  railroad,  and  canal  funds.     Sec.  1, 

Act  of  Aug.  1,  1914  (38  Stat  679). 
Consular  officers  of  United  States  in  foreign  ports,  powers  of,  in  re- 
spect to  seamen  conferred  on  shipping  commissioner,  etc.     Sec.  9,  Act 
of  Aug.  21,  1916  (39  Stat  529). 
Customs  duties,  laws  applicable  to  imports  from.    Act  of  Mar.  2,  1905 
(33  Stat  843). 


584  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

Panama  Canal.    See  also  Isthmian  Canal  Commission — Continued. 
Canal  Zone — Continued. 

Customs  duties  on  imports  from,  reappropriated  for  construction.     Sec 

5,  Act  of  May  27,  1908  (35  Stat.  387). 
Customs  officers,  fees  of,  for  certificates,  etc.,  or  notarial  service.     Sec. 

8,  Act  of  Aug.  21,  1916  (39  Stat.  528). 
Deposit  money  orders,  interest  on  payable  from  bank  interest  on  money- 
order  funds.     Sec.  7,  id. 
Deposit  money  orders  issued  in  lieu  of  postal  savings  certificates  to  bear 

interest.     Sec.  6,  id. 
Disorderly,  indecent,  or  immoral  conduct,  unlawful  to  engage  in  or  per- 
mit.    Sec.  4,  id. 
Docks,  storehouses,  etc.,  establishment  of.     Sec.  6,  Act  of  Aug.  24,  1912 

(37  Stat.  564). 
Extent  of;  acquirement  of  additional  land.    Act  of  Aug.  24,  1912  (37 

Stat.  560). 
Fees  of  customs  oflScers  for  certificates  or  notarial  service.    Sec.  8,  Act 

of  Aug.  21,  1916  (39  Stat.  528). 
Health  regulations  to  be  prescribed  by  President.     Sec.  1,  id.  527. 
Immigration  regulations  as  to  persons  entering  or  passing  over.     Sec. 
10,  id.  529. 
Detention  and  return  of  persons  entering  in  violation  of  regula- 
tions.    Id. 
Fine  imposed  on  vessels  for  violation  of  regulations.     Id. 
Penalty  for  violation  of  regulations.     Id. 

Vessels  required  to  return  persons,  withholding  of  clearance,  etc. 
Id. 
Immoral,  indecent,  or  disorderly  conduct,  unlawful  to  engage  in  or  per- 
mit.   Sec.  4,  id.  528. 
Injury  or  obstruction  to  Panama  Canal  or  locks.     Sec.  10,  id.  529. 
Penalty  for.     Id. 

Penalty  for,  where  act  causes  death  of  any  person.    Id. 
Interest,  deposit  money  orders  issued  in  lieu  of  postal  saving  certificates 

to  bear.    Sec.  6,  id.  528. 
Interest  on  deposit  money  orders  to  be  paid  from  bank  interest  on 

money  order  funds.     Sec.  7,  id. 
Land,  survey  of.    Sec.  4,  Act  of  Feb.  27,  1909  (35  Stat.  658). 
Leases  of  public  lands  in.     Sees.  1,  2,  3,  id. 
Naval  radio  stations,  establishment  of.     Sec.  6,  Act  of  Aug.  24,  1912 

(37  Stat.  563). 
Not  embraced  by  term  "  United  States  "  in  immigration  act.     Sec.  33, 

Act  of  Feb.  20,  1907  (34  Stat.  908). 
Notarial  service,  fees  of  customs  officers  for  performing.    Sec.  8,  Act  of 

Aug.  21,  1916  (39  Stat.  528). 
Police  power,  rules  and  regulations  for  asserting  and  exercising.     Sec. 

4,  Act  of  Aug.  21,  1916  (39  Stat.  528). 
Police  regulations,  penalty  for  violating.     Sec.  5,  id. 
Possession  and  occupation.    Act  of  Apr.  28,  1904  (33  Stat.  429). 
Postal  savings  certificates,  deposit  money  orders  issued  in  lieu  of,  to 

bear  interest.     Sec.  6,  Act  of  Aug.  21,  1916  (39  Stat.  528). 
Postal  service  losses,  payable  from  bank  interest  on  money  order  funds. 

Sec.  7,  id. 
Quarantine  regulations  to  be  prescribed  by  President.    Sec.  1,  id.  527, 
Penalty  for  violating.    Id. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  585 

Panama  Canal.     See  also  Isthmian  Canal  Commission — Continued. 
Canal  Zone — Continued. 

Revenues,  distribution  of.     Sec.  2,  Act  of  Aug.  1,  1914  (38  Stat.  678). 
Right  to  remain  in  or  pass  over;  regulated  by  governor.    Sec.  10,  Act 

of  Aug.  24,  1912  (37  Stat.  564). 
Roads  and  highways,  regulations  for  use  of.     Sec.  3,  Act  of  Aug.  21, 
1916  (39  Stat.  528). 

Automobile  taxes  may  be  graded  according  to  value  or  power  of 

machine.     Id. 
Licensing  and  taxing  operation  of  self-propelled  vehicles.     Id. 
Republic  of  Panama,  mutual  agreement  with,  for  reciprocal  use 

of.     Id. 
Speed  limit,  signals,  tags,  license  fees,  etc.,  for  self-propelled  ve- 
hicles.    Id. 
Vehicles,  self-propelled,  regulations  for  operation  of.     Id. 
Sanitary  regulations  to  be  prescribed  by  the  President.     Sec.  1,  id,  527. 

Penalty  for  violating.     Id. 
Seamen  of  vessels,  powers  of  consular  officers  as  to,  when  on  foreign 

voyages  conferred  on  shipping  commissioner,  etc.     Sec.  9^,  id.  529. 
Shelter,  temporary,  of  troops  on.     Use  of  portion  of  appropriation  for 
acquisition  of  site  and  construction  of  supply  depots  at  Fort  Sam 
Houston,  Tex.,  for  providing.    Act  of  Aug.  29,  1916  (39  Stat.  636). 
No  part  of  moneys  so  appropriated  to  be  used  for  payment  of  com- 
mutation of  fuel  or  quarters  to  officers  or  enlisted  men.     Id. 
Shipping  commissioner  and  deputy  shipping  commissioners,  powers  of 
United  States  consuls  in  foreign  ports  as  to  American  seamen  con- 
ferred on.     Sec.  9,  Act  of  Aug.  21,  1916  (39  Stat.  529). 
Taxes,  ad  valorem,  excise,  license,  and  franchise.    President  to  change 
regulations  for  levying,  assessing,  and  collecting.     Sec.  2,  id.  528. 
Ad  valorem  taxes,  maximum  rate  of.     Id. 
Excise  taxes,  maximum  rate  of.     Id. 
Franchise  taxes,  maximum  rate  of.     Id. 
Taxes,  penalty  for  conducting  business,   etc.,  in  violat'on  of  regula- 
tions relative  to.     Sec.  5,  id. 
Temporary  government.     Sec.  2,  Act  of  Apr.  28,  1904  (33  Stat.  429). 
Vehicles,  self-propelled,  penalty  for  operation  of,  in  violation  of  regula- 
tions for  licensing  and  taxing.     Sec.  5,  Act  of  Aug.  21,  1916    (39 
Stat.  528). 
Capacity.    Sec.  3,  Act  of  June  28,  1902  (32  Stat.  482). 
Consolidation  of  Zone  government,  railroad  and  canal  funds.     Sec.  1,  Act 

of  Aug.  1,  1914  (38  Stat.  679). 
Contracts  for.     Sec.  5,  Act  of  June  28,  1902  (32  Stat.  483)  ;  sec.  6,  Act  of 

Mar.  4,  1906  (34  Stat.  1370)  ;  Act  of  Aug.  5,  1909  (36  Stat.  130). 
Costa  Rica  and  Nicaragua ;  concessions  to  be  obtained  from.     Sec.  4,  Act  of 

June  28,  1902  (32  Stat.  482). 
Deduction  from  pay  for  amounts  due  from  employees.     Sec.  8,  Act  of  Mar. 

4,  1907  (34  Stat.  1371). 
Defense,  etc.     Sec.  3,  Act  of  June  28,  1902  (32  Stat.  482). 
Employees,  number  and  compensation  not  to  be  increased  above  the  pro- 
vision for,  in  annual  Book  of  Estimates  except  in  cases  of  emergency 
and  other  specified  exceptions  noted  in  the  provision.    Act  of  July  1,  1916 
(39  Stat.  334). 
Employment  <?f  persons  for;  compensation.     Sec.  3,  Act  of  June  28,  1902 
(32  Stat.  482). 


586  MILITARY   LAWS   OF   THE   UNITED  STATES,   1915. 

Panama  CanaL    See  also  Istlimian  Canal  Commission — Continued. 

Estimates,  detailed,  to  be  submitted  hereafter.    Sec.  6,  Act  of  Aug.  1,  1914 

(38  Stat.  679). 
Estimates,   number   and   compensation  of  employees  not  to  be  increased 
above  provisison  for,  in  Annual  Book  of,  except  in  cases  of  emergency  and 
other  specified  exceptions.     Act  of  July  1,  1916  (39  Stat.  334). 
Foreign  officials,  entertainment  of,  in  connection  with  Panama-Pacific  Inter- 
national Exhibition.     See  Panama-Pacific  International  Exhibition. 
Guaranty  of  use  of  canal  and  harbors  to  country  ceding  rights.     Sec.  6, 

Act  of  June  28,  1902  (32  Stat.  483). 
Harbors.     Sec.  3,  Act  of  June  28,  1902  (32  Stat.  482). 
Injuries  to,  punishment.     Sec.  10,  Act  of  Aug.  24,  1912  (37  Stat.  564). 
Isthmian  Canal  Commission,  duties,  etc.,  of.     See  Corps  of  Engineers. 
Joint  land  commission  shall  not  have  jurisdiction  over  any  claim  arising 
under  any  lease  or  contract  for  occupancy  heretofore  or  hereafter  made 
by  the  Panama  Railroad  Co.  of  land  or  property  ov^oied  by  it.     Sec.  2,  Act 
of  July  1,  1916  (39  Stat.  336). 
Leaves  of  absence  to  employees.     Act  of  Feb.  24,  1909  (35  Stat  645). 
Liability  of  common  carriers  for  injuries  to  employees.     Sees.  2  to  8,  Act 

of  Apr.  22,  1908   (35  Stat.  65). 
Lock  canal  to  be  constructed.    Act  of  June  29,  1906  (34  Stat.  611). 
Materiall  and  equipment  for,  domestic  manufacture.     Joint  Res.   No.  35, 

June  25,  1906  (34  Stat.  835). 
Moneys  received  from  services,  supplies,  etc.,  disposition  of.     Sec.  3,  Act 

of  Aug.  1,  1914  (38  Stat.  678). 
Navy,  steamships  Aticon  and  Gristobalf  not  to  be  transferred  to.    Act  of 

July  1,  1916   (39  Stat.  334). 
New  Panama  Canal  Co.,  purchase  of  lands  and  rights  from,  authorized. 

Act  of  June  28,  1902   (32  Stat.  481). 
Nicaragua  Canal,  as  alternative  route,  authorized.     Sec.  4,  Act  of  June  28, 

1902    (32    Stat.   482). 
"Panama  Canal  act."    Act  of  Aug.  24,  1912  (37  Stat.  560). 
Panama,  payment  to.     Act  of  Apr.  28,  1904  (33  Stat.  429). 
Panama  Railway  Co.,  purchase  of  capital  stock  of.     Act  of  June  28,  1902 
(32  Stat.  481), 
Contracts  with  Army  and  Navy ;  form,  duration,  bond.     Sec.  6,  Act  of 

Mar.  4,  1911   (36  Stat.  1452). 
Insurance,  payment  of  notes.     Sec.  2,  act  of  Mar.  4,  1911    (36  Stat. 

1451). 
Joint  land  commission,   shall  not   have  jurisdiction  over   any   claim 
arising  under  any  lease  or  contract  for  occupancy  heretofore  or  here- 
after made  by  the  Panama  Railroad  Co.  of  land  or  property  owned 
by  it.     Sec.  2,  Act  of  July  1,  1916  (39  Stat.  336). 
Payment  of  annual  subsidy  not  required.     Act  of  June  25,  1910    (36 
Stat.   772). 
Provisions  relating  to  construction  of  canal  works,  etc.,  not  applicable  to. 

Sec.  6,  Act  of  Mar.  3,  1909  (35  Stat.  818). 
Public  property,  unserviceable  equipment,  etc.,  may  be  sold  without  adver- 
tising.    Sec.  8,  Act  of  Aug.  1,  1914  (38  Stat.  679). 
Purchase  of  rights,  etc.,  of  New  Panama  Canal  Co.    Act  of  June  28,  1902 

(32  Stat.  481). 
Registry  American  ships,  general  provisions.     Sec.  5,  Act  of  Aug.  24,  1912 
(37  Stat.  562). 


MILITAKY   LAWS   OF   THE   UNITED   STATES,   1915.  5ST 

Panama  Canal.    See  also  Isthmian  Canal  Commission — Continued 

R^ix)rts  as  to  construction,  accounts  of  receipts,  etc.     Sec.  ^  Act  of  Dec. 

21,  1905  (34  Stat  5). 
Republic  of  Colombia,  right  of  way  from.     Sees.  2  and  3,  Act  of  June  28. 

1902    (32    Stat.   481). 
Revenues,  distribution  of.     Sec.  2,  Act  of  Aug.  1,  1914  <38  Stat.  678). 
Sales  of  construction  material,  etc.,  disposJbtion  ef  receipts  from.     Sec.  3^ 

Act  of  Aug.  1,  1914   (38  Stat.  678). 
Steamships  Ancon  and  Cristobal  not  to  be  transferred  to  the  Secretary  oi 
Navy,  as  provided  for  in  Act  of  May  27,  1908.     Act  of  July  1,  1916  (3S 
Stat.  334). 
Tolls,  basis  of.     Sec.  5,  Act  of  Aug.  24,  1912  (37  Stat.  562).  . 

Basis  of.    Minimiim  modified.     Sec.  2,  Act  of  June  15,  1914  (38  Stat 

386). 
Exemption  of  coastwise  vessels  repealed.     Sec.  1,  Act  of  June  15,  IMl 

(38  Stat  385). 
President  to  prescribe  changes  in.     Sec.  5,  Act  of  Aug.  24,  1912   (31 
Stat  562). 
Unit  cost  of  construction  work.     Sec  8,  Act  of  Aug.  1,  1914  (38  Stat  679), 
Unserviceable  equipment,  etc.,  may  be  sold  without  advertising.     Sec,  & 
Act  of  Aug.  1,  1914  (38  Stat  679). 
Panama-California  Exposition,  detail  of  Army  ofllcer,  on  active  or  retired  list 

with.  See  Details  of  Army  officers. 
Panama-California  Exposition,  transfer  of  Government  exhibit  from  the 
Panama-Pacific  International  Exposition  to,  making  available  unexpended 
part  of  appropriation  for,  and  the  law  constituting  a  Government  exhibit 
board,  authorizing  detail  of  civilians  and  Army  and  Navy  c^oers^  etc  J.  Res 
of  Dec  17,  1915  (39  Stat  2). 
Panama-California  International  Exposition,  transfer  of  Government  exhibit 
at  close  of,  to  the  Mississip^ji  Centennial  Exposition  at  Gulfport,  Miss.  Sec  1, 
J.  Res.  of  Sept  8,  1916  (39  Stat.  854). 

Government  exhibit  board  authorized  to  repair  and  rearrange  Governmeni 
exliibit  before  transferring  it  to  the  Mississippi  Centennial  Exposition. 
Sec  3.     Id.  855. 
Laws  oi'  parts  of  laws  relating  to  the  Government  exhibit,  a  Government 
exhibit  board,  including  detail  of  civilians  and  Army  and  Navy  officerSj 
continued  and  made  applicable  to  the  Mississippi  Centennial  Exposition 
Sec.  2.     Id.  854. 
United  States  not  respcaisible  for  any  bond,  debt,  contract,  etc,  in  conneo 
tion  with  or  growing  out  of  said  exposition.     Id.  855. 
Panama-Pacific  International  Exposition: 

Building  for  Government  exhibit.     Act  of  Aug.  1,  1914  (38  Stat  667). 

Cession  of  jurisdiction  to  State  of  California  over  portions  of  the  Pre 
sidio  of  San  Francisco  &9^  Fort  Mason  Military  Reservations  used  foi 
exposition  purposes  during  such  occupancy.  J.  Res.  53  of  Oct.  22, 
1914  (38  Stat  783).  ' 
Construction  ©f,  on  Presidio  of  San  Francisco  Military  Reservation 
Act  of  Aug.  1,  1914  (38  Stat  667). 
Detail  of  Army  officer,  on  active  or  retired  list,  with.     See  Details  of  Arnr^ 

officers. 
Details  of  Army  and  Navy  ofiicers  with,  permitted,  allowances  in  lieu  of 

transportation  and  mileage,  etc.     Act  of  June  23,  1913  (38  Stat  76). 
Entertaining  foreign  officials,  etc,  at    Act  of  Aug.  1,  1914  (38  Stat  667). 


588  MILITAKY   LAWS   OF    THE   UNITED   STATES,   1915. 

Panama-Pacific  International  Exposition — Continued. 

Palace  of  Fine  Arts,  company  or  its  successors  in  interest,  authorized  to 
occupy  portion  of  Presidio  of  San  Francisco  Military  Reservation,  Cal., 
with.    Act  of  Aug.  29,  1916  (39  Stat.  637). 

Extension  of  cession  of  jurisdiction  to  State  of  California  over  part  to 
be  so  occupied  during  such  occupancy,  and  to  terminate  on  revocation 
of  the  permit,  etc.     Id. 
Failure  to  remove  the  buildings  on  revocation  of  the  permit  to  vest 
title  to  them  in  the  United  States.     Id.  638. 
Use  of  building  at  close  of  exposition.    Act  of  Aug.  1,  1914  (38  Stat.  667). 
Panama  Railroad,  consolidation  of  the  Zone  Government,  canal  fund,  and.     See 

Panama  Canal. 
Panama  Railway  Company,  purchase  of  capital  stock  of.     See  Panama  Canal. 
Panama,  Republic  of,  payment  to.     See  Panama  Canal. 
Pan  American  Exposition.     See  Texas  Bicentennial  and. 
Park  system,* District  of  Columbia : 

Filled-in  canal  spaces,  etc.,  added  to.     See  Corps  of  Engineers. 
Potomac  Park  made  part  of.    See  Corps  of  Engineers. 
Parole  of  military  prisoners.     See  Federal  prisoners. 
Parole  of  United  States  prisoners.  Federal  parole  law.    Act  of  June  25,  1910 

(36  Stat.  819),  as  amended  by  Act  Jan.  23,  1913  (37  Stat.  650). 
Pay  Department,  appointments  in,  from  volunteers.    Act  of  Mar.  2,  1901   (31 

Stat.  900). 
Peace  officers,  Philippine  Islands,  Army  officers  as  attorneys  and.     See  Philip- 
pine Islands. 
Penitentiary,  persons  convicted  in  courts  of  District  of  Columbia  and  sentenced 
to  confinement  for  more  than  one  year  may  be  confined  in  District  Reforma- 
tory instead  of.    Act  of  Sept.  1,  1916  (39  Stat.  711). 
Pensions : 

Abandonment  of  children  or  Immoral   conduct  by  widow   forfeits.     Sec. 

4706,  R.  S. 
Accrued.     Sec.  4710,  R.  S. 
Accrued.    Act  of  June  3,  1884  (23  Stat.  35)  ;  and  Act  of  Mar.  1,  1880  (25 

Stat.  782). 
Affidavits,  false  or  post-dated  vouchers,  penalty.     Sec.  4746,  R.  S. 
Agencies  in  three  groups.     Sec.  2,  Act  of  Mar.  3,  1891  (26  Stat.  1082). 
Agents,  appointment  and  term  of  office.     Sec.  4778,  R.  S. 
Agents,  bonds.     Sec.  108,  Act  of  Mar.  4,  1909,  Criminal  Code  (35  Stat.  107). 
Army  nurses.    Act  of  Aug.  5,  1892  (27  Stat.  348). 
Arrears,  commencement.     Sec.  1,  Act  of  Jan.  25,  1879  (20  Stat.  265). 
Arrears,  payment.     Sec.  4711,  R.  S. 
Assignment,  pledge  or  transfer  void.     Sec.  4745,  R.  S. 
Attachment,  not  liable  to.     Sec.  4747,  R.  S. 

Attorneys'  fees.     Sec.  3,  Act  of  July  4,  1884  (23  Stat.  99)  ;  sec.  4,  Act  of 
June  27,  1890  (26  Stat.  183)  ;  Act  of  May  28,  1908  (35  Stat.  419)  ;  sec.  3, 
Act  of  Apr.  19,  1908  (35  Stat.  64). 
-  i  •  Amounts  to  be  filed.     Sec.  4,  Act  of  July  4,  1884  (23  Stat.  99). 

Deducted  by  agent.     Sec.  4769,  R.  S. 
Certain  pensions  equalized.    Act  of  June  6,  1874  (18  Stat.  61). 
Certificate  and  attorneys'  fees.     Sec.  4768,  R.  S. 
Certificate  of  official  character  of  officers  without  seal.    Joint  Res.  No.  43, 

Sept.  1,  1890  (23  Stat.  679). 
Check  to  order  of  each  pensioner.     Sec.  4765,  R.  S. 
Children,  legitimate.     Sec.  4704,  R.  S. 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915.  589 

Pensions — Continued. 

Citizenship.     Act  of  Feb.  3,  1892  (27  Stat.  429). 

Civil  examining  surgeons.     Sec.  4777,  R.  S,,  as  amended  by  Act  of  May  28, 

1908  (35  Stat.  419). 
Civil  service.    Act  of  Mar.  1,  1879  (20  Stat.  327)  ;  Act  of  June  6,  1866  (14 

Stat.  57)  ;  Act  of  Mar.  4,  1909  (35  Stat.  1058). 
Claimant  may  inspect  surgeon's  report.    Act  of  July  18,  1894  (28  Stat.  113), 

as  amended  by  Act  of  May  28,  1908  (35  Stat.  419). 
Claims  exempt  from  revenue  stamps.     Act  of  June  13,  1898  (30  Stat.  462). 
Claims,  removal  of  limitations  of  prosecution.    Sec.  3,  Act  of  Jan.  25,  1879 

(20  Stat.  265). 
Commencement.    Act  of  Mar.  6,  1896  (29  Stat.  45)  ;  sec.  1,  Act  of  July  1, 

1902   (32  Stat.  750). 
Commencement  in  wars  prior  to  Mar.  4,  1861.     Sec.  4713,  R.  S.       ' 
Commissioner.     Sec.  470,  R.  S. 
Duties.     Sec.  471,  R.  S. 
Assistant.    Sec.  472,  R.  S. 
Continuance.     Sec.  4733,  R.  S. 

Deafness,  increase  of  rate.    Act  of  Aug.  27,  1888  (25  Stat.  449). 
Death  of  pensioner.    Sec.  4765,  R.  S. 
Death,  proof  of.    Act  of  Mar.  13,  1896  (29  Stat.  57). 
Declarations  in  foreign  countries.     Sec.  2,  Act  of  July  26,  1892  (27  Stat. 

272). 
Declarations.    Sec.  1,  Act  of  July  26,  1892  (27  Stat.  272). 
Dependent  parents.     Sec.  1,  Act  of  June  27,  1890  (26  Stat.  182). 
Deserters,  not  so  deemed.     Sec.  4749,  R.  S.,  as  amended  by  Joint  Res.  of 

June  28,  1906  (34  Stat.  836). 
Disloyalty  a  bar  to.    Sec.  4716,  R.  S.,  as  amended  by  sec.  5,  Act  of  Jan.  29, 

1887   (24  Stat.  371),  and  sec.  6,  Act  of  July  27,  1892   (27  Stfit.  281)  ; 

amended  by  sec.  1,  Act  of  July  1,  1902  (32  Stat.  750). 
Disloyalty  removed  in  certain  cases.    Acts  of  Aug.  1,  1892  (27  Stat.  340), 

and  Apr.  18,  1900  (31  Stat.  136)  ;  also  Act  of  Mar.  3,  1899  (30  Stat.  1379). 
Repealed  (sec.  4716,  R.  S.).     Act  of  Aug.  29,  1916  (39  Stat.  649). 
Embezzlement  by  guardian.     Sees.  4783,  5486,  R.  S. ;  Act  of  Feb.  10,  1891 

(26  Stat.  746). 
Examination  fees.    Act  of  Apr.  4,  1900  (31  Stat.  61)  ;  replaced  by  Act  of 

May  28,  1908  (35  Stat.  419). 
Expert  surgeons.    Act  of  July  25,  1882  t22  Stat.  176). 
False  affidavit.     Sec.  4746,  R.  S. 
Fees  for  increase,  $2.    Act  of  Mar.  3,  1891  (26  Stat.  1082). 

no  Fee  to  agent,  etc.     Sec.  2,  Act  of  Aug.  5,  1892  (27  Stat.  348). 
None  in  arrears.    Sec.  4,  Act  of  July  4,  1884  (23  Stat.  99). 
Hands,  loss  of  both,  increase.    Act  of  Feb.  12,  1889  (25  Stat.  659). 
Increase  of.    Act  of  June  16,  1880  (21  Stat.  281). 
Increase  for  loss  of  limbs.    Act  of  Aug.  4,  1886  (24  Stat.  220),  amended  by 

Act  of  Mar.  2,  1903  (32  Stat.  944.) 
Increase  not   to   commence  prior   to   date  of   surgeon's   certificate.     Sec. 

46981,  R.   S. 
Increase  of  rate.    Act  of  June  18, 1874  (18  Stat.  78). 
Indian  wars  prior  to  1842.     Act  of  July  27,  1892   (27  Stat.  281)  ;  Act  of 

June  27,  1902  (32,  Stat,  399)  ;  Act  of  May  30,  1908  (35  Stat.  553). 
Indian  wars,  survivors  of  certain,  from  January  1,  1859,  to  January,  1891. 

Sees.  1-3,  Act  of  Mar.  4,  1917  (39  Stat.  1199). 


590  MILITARY   LAWS  OF    THE   UNITED   STATES,   1915. 

Pensions — Continued. 

Inmates,  National  Homes  for  Disabled  Volunteer  Soldiers,  how  paid.     8ee 

National  Homes  for  Disabled  Volunteer  Soldiers. 
Inspection  of  agencies.    Act  of  Aug.  8,  1882  (22  Stat.  373). 
Instructions  free  of  charge.    Sec.  4748,  R.  S. 
Invalid,  dependent  soldiers.     Sec.  2,  Act  of  May  9,  1900   (31  Stat.  170) ; 

Act  of  Feb.  6,  1907  (34  Stat.  897)  ;  Act  of  Mar.  4,  1907  (34  Stat.  1406). 
Investigation  of  fraud.    Sec.  474,  S.  R. 
Investigating  officers  may  administer  oaths.     Sec.  3,  Act  of  Mar.  3,  1891 

(26  Stat.  1083). 
Legal  disabilities.    Sec.  4766,  R.  S. 

Loss  of  arm  at  shoulder  joint    Act  of  Mar.  3,  1885  (23  Stat.  437). 
Loss  of  both  hands,  feet,  or  eyes.     Act  of  June  17,  1878   (20  Stat.  144)  ; 

amended  by  Act  of  Apr.  8,  1904  (33  Stat.  163). 
Loss  of  leg  at  hip  joint.    Act  of  Mar.  3,  1879  (20  Stat  483). 
Loyalty — 

Provisions  of  sec.  4716,  R.  S.,  not  applicable  to  survivors  of  certain 

Indian  wars.    Sec.  3,  Act  of  Mar.  4,  1917  (39  Stat.  1201). 
Repealed.    Sec.  4617,  R.  S.    Act  of  Aug.  29,  1916  (39  Stat.  649). 
Marriage,  proof  of.    Act  of  Aug.  7,  1882  (22  Stat.  345). 
Marriage  must  be  proven  legal.    Sec.  2,  Act  of  Aug.  7,  1882  (22  Stat.  345). 
Medical  referee  and  examining  surgeon.    Sec.  4776,  R.  S. 
Mexican  War,  increased  to  $12  per  month.    Act  of  Jan.  5,  1893  (27  Stat 

413). 
Mexican  War.    Sec.  4730,  R.  S. 

Minimum  rate,  $6  per  month.    Act  of  Mar.  3,  1895  (28  Stat  704). 
Missouri  Militia.    J.  Res.  No.  13,  Feb.  15,  1895  (28  Stat.  970). 
Nat  to  be  withheld.    Sec.  4734,  R.  S. 

Oaths,  before  authorized  officers.    Act  of  July  1,  1890  (26  Stat.  209). 
Oaths  by  officers,  fee.    Act  of  June  7,  1888  (25  Stat  174) ;  Act  of  Mar.  1, 

1889  (25  Stat.  782)  ;  and  Act  of  Mar.  23,  1896  (29  Stat  74). 
One  at  a  tinie.    Sec.  4715,  R.  S. 
Pay  and,  not  allowed  persons  In  Army,  Navy,  or  Marine  Corps,  unless,  etc. 

Sec.  4724,  R.  S. 
Payment  by  check.    Act  of  June  30,  1890  (26  Stat  187). 
Payments  by  attorneys  to  pensioners  in  foreign  countries  prohibited.     Act 

of  Mar.  14,  1898  (30  Stat.  276). 
Permanent  specific  disability  .prior  to  June  4,  1872.     Sec.  4697,  R.  S. 
Persons  receiving  special  pension  not  to  receive  any  other  relief..    Sec.  5, 

Act  of  July  25,  1882  (22  Stat  176)  ;  Act  of  Mar.  4,  1909  (35  Stat.  1058). 
Postmasters,  fourth  class,   may  administer  oaths.     Act  of  Aug.  23,  1894 

(28  Stat  499). 
Presumption  as  to  disability  at  enlistment.    Act  of  Mar.  3,  1885  (23  Stat. 

361). 
Rate  for  dependent  widow  and  minor  children.    Sec.  3,  Act  of  May  9,  1900 

(31  Stat.  171)  ;  amended  by  sec.  2,  Act  of  Apr.  19,  1908  (35  Stat.  64). 
Rate  increased  to  $12  per  month  to  all  survivors.    Act  of  Apr.  23,  1900  (31 

Stat.  137)  ;  Act  of  Mar.  3,  1903  (32  Stat  1228). 
Rate  of  arrears.    Act  of  Mar.  3,  1879  (20  Stat.  470). 
Sixty  days'  service  in  Mexican  War  or  personally  named  by  Congress  for 

specific  service  in  that  war.    Act  of  Jan.  29,  1887  (24  Stat  371). 
Special  examinations.    Sec.  3,  Act  of  June  21,  1879  (21  Stat.  30). 
Special  investigation  of  fraud.    Sec.  4744,  R.  S. 
Surgeons,  appointment.    Sec.  4,  Act  of  July  4, 1882  (22  Stat.  175). 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915.  591 

Pensions — Continued. 

Surgeons'  reports.    Act  of  Dee.  22,  1896  (29  Stat.  479) ;  anaended  by  Act  of 

May  28,  1908  (35  Stat.  419). 
Suspension  of,  notice.    Act  of  Dec.  21,  1893  (28  Stat.  18). 
Total  blindness.    Act  of  Mar.  3,  1879  (20  Stat.  484). 
Unclaimed.    Sec.  4719,  R.  S. 
Vouchers.     Sec.  4767,  R.  S. 

to  Pensioners  quarterly.    Sec.  4764,  R.  S. 
Widows  and  children  of  pensioners  of  War  of  1812  and  Indian  wars.    Sec. 

473,  R.  S. 
Widows,  commence  from  date  of  death  of  husband.    Act  of  June  7,  1888 

(25  Stat  173). 
Widow  not  to'  receive  for  same  time  husband  had  received  same.     Sec. 

4735,  R.  S. 
Widows  of  colored  and  Indian  soldiers.     Sec.  4705,  R.  S. 
Widows  of  soldiers  of  Mexican  War.     Sec.  4731,  R.  S. 
Per  diem  subsistence  allowance  for  persons  traveling  on  official  business  out- 
side District  of  Columbia.     See  District  of  Columbia. 
PlJlippine  Islands: 

Acquisition  of  privately  owned  land  for  military  purjxjses.     Sec.  7,  Act 
No.  627,  Philippine  Commission,  enacted  Feb.  9,  1903,  as  amended  by 
sec.  1,  Act  No.  806,  Philippine  Commission  .enacted  July  24,  1903. 
Action  for  enforcement  of  right  of  eminent  domain  on  behalf  of  United 
States,   how   instituted.     Sec.   2,   Act   No.   665,   Philippine   Commission, 
enacted  Mar.  5,  1903. 
Appointment  to  civil  service,  preference  to  be  given,  among  those  eligible, 
to  certain  named  classes.     Sec.  6,  Act  No.  1698,  Philippine  Commission, 
enacted  Aug.  26,  1907. 
Army  to  aid  civil  authorities  whenever  called  upon  by  latter.     Sec.  7,  Act 
No.  83,  Philippine  Commission,  enacted  Feb.  6,  1901,  as  amended  by  sec. 
21,  Act  No.  175,  Philippine  Commission,  enacted  July  18,  1901,  and  sec. 
1,  Act.  No.  255,  enacted  Oct.  3,  1901. 
Army  officers  as  attorneys.     Sec.  1,  Act  No.  856,  Philippine  Commission, 

enacted  Aug.  27,  1903. 
Army  officers  as  peace  officers,  authority  of.  Sec.  20,  Act  No.  787,  Philip- 
pine Commission,  enacted  June  1,  1903,  providing  for  organization  and 
government  of  Moro  Province,  as  amended  by  sec.  11,  Act  No.  1283, 
Philippine  Commission,  enacted  Jan.  13,  1905;  sec.  1,  Act  No.  1797, 
Philippine  Commission,  enacted  Oct.  12,  1907. 
Arrest  on  reservations,  etc.     Sec.  7,  Act  No.  530,  Philippine  Commission, 

Nov.  24,  1902. 
Autonomous   form  of  government.   Act   of  Aug.   29,   1916,   providing  for 
more — 

Accused,  rights  of,  in  criminal  prosecutions.    Sec.  3,  id.  (39  Stat.  546). 
Appropriations   for   support   of   government,   method   of   meeting  ex- 
penses on  failure  to  make.     Sec.  19,  id.  551. 
Appropriations,  money  not  to  be  paid  out  of  the  treasury  except  in 

pursuance  of.     Sec.  3,  id.  546. 
Assessments,  taxes  and  internal  taxes  may  be  imposed.     Sec.  11,  id.  548. 
Bail,  excessive  not  to  be  required.     Sec.  3,  id.  546. 
Bill  of  attainder,  enactment  of  forbidden.     Id. 

Bill  to  be  enacted  into  law  not  to  embrace  more  than  one  subject.    Id. 
Subject  to  be  expressed  in  its  title.     Id. 


592  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

Philippine  Islands — Continued. 

Autonomous    form   of   government,   Act   of  Aug.    29,   1916,   providing  for 
more — Continued. 
Bonds,  issuance  of,  by  Philippine  Government,  or  provisional  or  mu- 
nicipal governments.     Sec.  11,  id.  548. 
Bonds,  release  of  prisoners  on,  prior  to  conviction,  except  for  capital 

offenses.     Sec.  3,  id.  546. 
Capital  offenses,  no  release  on  bond  of  prisoners  charged  with.     Id. 
Citizens,  designation  of  persons  deemed  and  held  to  be.     Sec.  2,  id. 
Legislature  to  provide  for  acquisition  of  citizenship  by  certain 
/  natives,  etc.    Id. 

Persons  vj^ho  elected  to  retain  allegiance  to  Qrown  of  Spain  ex- 
cepted.    Id. 
Contract,  no  law  impairing  obligation  of,  to  be  enacted.     Sec.  3,  id. 
Courts,  designation,  etc.,  of.     Sec.  26,  id,  555. 
Court  of  first  instance,  jurisdiction  of.     Id. 

Appointment  of  judges  of.     Id. 
Municipal   courts,   jurisdiction   of.    Id. 
Supreme   court,    jurisdiction   of.     Id. 
Appointment  of  judges  of.     Id. 

no  Judgment  or  decree  rendered  by,  after  certain  date,  to  be 
examined  or  reviewed  by  the  U.  S.  Supreme  Court  upon  writ 
of  error  or  appeal,  but  it  may  require  the  case  to  be  cer- 
tified to  it  by  certiorari  or  otherwise.     Sec.  5,  Act  of  Sept.  6, 
1916   (39  Stat.  727). 
Jurisdiction  of  Supreme  Court  of  United   States   to  review, 
etc.    Id. 
Supreme  Court  of  United  States,  jurisdiction  to  review,  etc.     Sec. 
26,  Act  of  Aug.  29,  1916  (39  Stat.  555). 
Criminal  offenses,  persons  not  to  be  held  to  answer  for,  without  due 

process  of  law.     Sec.  8,  id.  546. 
Currency  and  coinage,  acts  of  legislature  relative  to,  must  be  approved 
by   the  President.     Sec.   10,   id.   548. 

Time  limit  for  his  approval  or  disapproval.     Id. 
Debt,  no  person  shall  be  imprisoned  for.     Sec.  3,  id.  546. 
Declaration  of  purpose  of  people  of  United  States  as  to  future  political 

status  of.    Preamble,  Act  of  Aug.  29,  1916  (39  Stat.  545). 
Domestic  affairs,  larger  control  of,  in  hands  of  people.     Preamble,  Act 

of  Aug.  29,  1916   (39  Stat.  545). 
Executive  departments,  composition  and  duties  of.     Sec.  22,  id.  553. 
Appointment  of  auditor  by  the  President.     Sec.  24,  id. 

Administrative  jurisdiction  over  accounts,  etc.,  exclusive.     Id. 
Appeal   in   writing   to    Governor    General   from   decision   of. 

Sec.  25,  id.   554. 
Disapproval  by  Governor  General  to  be  forwarded  for  final 

decision  of  Secretary  of  War.     Sec.  25,  id. 
Duties  of  auditor.     Sec.  24,  id.  553. 
Governor  General  to  have  general  supervision  over.     Id. 
.    Appointment  of  deputy  auditor  by  the  President.     Sec.  24,  id. 
Transfer  of  bureaus  to  department  of  interior.     Sec.  23,  id. 
Executive  power  vested  in  the  Governor  General.     Sec.  21,  id.  552. 
Appointment  of.     Id. 
Appointment  of  vice  governor.     Sec.  23,  id.  553. 


1915.  593 

Pbilii)])ine  Islands — Continued. 

Autonomous   form    of  government,    Act   of   Aug.    29,    1916,    providing   for 
more — Continued. 

Executive  power  vested  in  the  Governor  General.     Sec.  21,  id.  552. — 
Continued. 
Designation  of  head  of  executive  departments  to  act  as  Governor 

General.     Id. 
Duties  of.     Sec.  21,   id.   552. 
Expenses  incurred  for  government  of,  for  internal  improvements,  etc., 

to  be  paid  by.     Sec.  4,  id.  547. 
Export  duties  not  to  be  levied  or  collected  on  exports  from  the  islands. 

Sec.  11,  id.  548. 
Ex  post  facto  law,  enactment  of,  forbidden.     Sec.  3,  id.  546. 
Fines,  excessive,  not  to  be  imposed.     Id. 

Foreign  powers,  officials  not  to  accept  presents,  etc.,  from.     Id. 
Franchises  and  privileges,  license  fees  for  granting.     Sec.  11,  id.  548. 
Freedom  of  press  not  to  be  abridged.     Sec.  3,  id.  546. 
Freedom  of  speech  not  to  be  abridged.     Id. 
Governor  General,  appointment  of.     Sec.  21,  id.  552. 

Duties,  etc.,  of.     Id. 
Habeas  corpus,  suspension  of  privilege  of  writ  of.     Sec.  3,  id.  546.' 
Immigration  laws,  acts  of  legislature  relative  to,  must  be  approved  by 
President.     Sec.  10,  id.  548. 

Time  limit  for  approval  or  disapproval  by.     Id. 
Indebtedness,  maximum  amount  to  be  incurred  by  Philippine  Govern- 
ment.    Sec.  11,  id.  548. 
Indebtedness,  maximum  amount  to  be  incurred  by  Provinces  or  munici- 
palities.    Id. 
Independence  to  be  recognized  as  soon  as  stable  government  can  be 

established.     Preamble,  Act  of  Aug.  29,  1916  (39  Stat.  545). 
Involuntary  servi<!e,  except  as  punishment  for  crime,  not  to  exist.     Sec. 

3,  id.  546. 
Jeopardy,  not  to  be  twice  placed  in,  for  same  offense.     Id. 
Laws  enacted  by  legislature  to  be  reported  to  Congress,  which  has 

power  to  annul.     Sec.  19,  id.  551. 
Laws  now  in  force  to  remain  in  force  until  amended  or  repealed  by  the 

legislature  or  by  Congress.     Sec.  6,  id.  547. 
Laws  of  United  States  hereafter  enacted  not  to  apply  to,  unless  they 

so  state.     Sec.  5,  id. 
Legislative  power,  general,  vested  in  a  legislature  consisting  of  two 
houses.     Sec.  12,  id.  548. 

Bills  passed,  method  of  approval  or  disapproval  by  Governor  Gen- 
eral or  the  President.     Sec.  19,  id.  551. 
Designation  to  be  "  The  Philippine  Legislature."     Sec.  12,  id.  548. 
Elections,  provisions  relative  to.  etc.     Sec.  16,  id.  549. 

Appointment  of  certain  senators  and  representatives  by  Gov- 
ernor General.    Id. 
Date  of  first,  under  this  Act.     Id. 

Subsequent  dates,  etc.,  to  be  prescribed  by  legislature.     Id. 
Term  of  senators  chosen  at  first.     Id. 
Term  of  senators  chosen  at  subsequent.     Id. 
House  districts,  number  of,  etc.     Sec.  16,  id.  549. 

r>-Ji:os°— 18 38 


594  MILITARY   LAWS  OF   THE  UNITED   STATES,   1915. 

Philippine  Islands — Continued. 

Autonomous  fonn   of  government.    Act  of   Aug.    29,    1916,   providing   for 
more — Continued. 

Legislative  power,  geHeral,  vested  in  a  legislature  eonsisting  of  two 
houses — Continued. 
House,  provisions  relative  to,  etc. : 

Districts,  each  to  have  one  representative.     Sec.  14,  id.  549. 

Journal,  method  of  keeping,  etc.     Sec.  19,  id.  551. 

Members   of  present  assembly   to  be   members  of.    Sec.   17, 

id.  550. 
Place  and  date  of  convening.     Sec.  18,  id. 
Qualifications  of  members.     Sec.  11,  id.  548. 
Sole  judge  of  election  of  its  members,  etc.     Sec.  18,  id.  550. 
Special  sessions,  duration  of.    Id. 
Term  of  members.     See.  11,  id.  548. 

Vacancy  among  elective  members,  how  filled.     Sec.  17,  id.  550. 
Jurisdiction  of  existing  legislature  continued  until  organization  of 

new.     Sec.  12,  id.  548. 
Jurisdiction  of  Philippine  Commission  continued  until  organiza- 
tion of  new.     Id. 
Qualifications  of  voters  at  first  election  under  this  Act.     Sec.  15, 

id.  540. 
Qualifications  of  voters  at  subsequent  elections.    Id. 
Representatives,  provisions  relative  to.    Sec.  18,  id.  550. 
Annual  compensation  to  be  fixed  by  law.    Id. 
Arrest,  privileged  from,  during  sessions,  etc.    Id. 
Eligibility  to  hold  office  created  by  legislature  of  which  they 

were  members.     Sec.  18,  id.  550. 
Freedom  of  speech  in.  debate.    Id. 
Senate  districts,  number  and  designation  of.    Sec.  16,  id.  549. 
Senate,  provisions  relative  to^ — 

Districts,  each  to  have  two  senators.    Sec.  13,  id. 
Journal,  method  of  keeping,  etc.    Sec.  19,  id.  551. 
Place  and  date  of  convening.    Sec.  18,  id.  550. 
Qualifications  of  members.    Id. 

Sole  judge  of  election,  qualifications,  etc.,  of  its  members.    Id. 
Special  sessions,  duration  of,  etc.    Id. 
Term  of  members.    Id. 

Vacancies  among  elective  members,  how  filled.    Sec.  17,  id. 
Legislature,,  acts  of,  relative  to  the  public  domain,  timber,  and  mining 
to  be  approved  by  the  President.    Sec.  9,  id.  547. 

Governor  General,  after  approval,  to  forward  to  President.     Sec. 

9,  id. 
Time  limit  within  which  to  approve  or  disapprove.    Id. 
Legislature,  acts  of,  relative  to  tariff,  immigration,  currency,  and  coin- 
age to  be  approved  by  the  President.    Sec.  10,  Id.  548. 
Time  limit  for  approval  or  disapproval  by.    Id. 
Legislature,  general  legislative  powers  granted  to.    Sec.  8,  id.  547. 
Legislature,  laws  enacted  by,  to  be  reported  to  Congress,  which  has 

power  to  annul.    Sec.  19,  id.  551. 
Legislature,  laws  now  in  force  to  remain  in  force  until  amended  or 
repealed  by  Congress  or  the.     Sec.  6,  id,  547. 
Authorized  to  amend,  repeal,  etc.,  any  civil  or  criminal  law  in 
force.    Sec.  7,  id. 


MILITARY   LAWS   OF   THE  UNITED  STATES,  1915.  595 

Philippine  Islands — Continued. 

Autonomous  form   of   government,    Act   of   Aug.    29,    1916,    providing   for 
more — Continued. 
Legislature,  laws  now  in  force  to  remain  in  force  until  amended  or 
repealed  by  Congress  or  the — Continued. 

Jurisdiction  specifically  exteudeil  to  tariff,  revenue,  and  taxation 
laws.    Id. 
Legislature,  Resident  Commissioners  to  be  elected  by.    Sec.  20,  id.  552. 

Privileges,  qualifications,  and  salary  of.    Id. 
License  fees  for  franchises  or  privileges.    Sec.  11,  id.    548. 
Life,  liberty,  or  property,  persons  not  to  be  deprived  of,  without  due 

process  of  law.    Sec.  3,  id.  546. 
Military  reservations,  etc.,  excepted  from  control  of  government  of. 

Sec.  9,  id.  547. 
Mining,  acts  of  legislature  relative  to,  must  be  approved  by  Presi- 
dent.   Id. 

Governor  Greneral  on  approval  to  forward  to  the  President.    Id. 
Time  limit  for  approval  or  disapproval  by.    Id. 
Money  collected  as  special  tax  assessment  to  constitute  special  fund. 

Sec.  3,  id.  546. 
Money  not  to  be  paid  out  of  treasury  except  in  pursuance  of  appro- 
priations.    Id. 
Municipal    governments,    maximum    indebtedness    to   be    incurred   by. 

Sec.  11,  id.  548. 
Municipal  officials,  salaries  of,  paid  from  what  funds.     Sec.  30,  id.  556. 
Officials  appointed  by  President,  salaries  of  and  how  paid.    Sec.  29,  id. 
Officials   not   appointed   by   President,    salaries   to   be   fired   by   law, 

etc.     Id. 
Persons  not  to  be  deprived  of  life,  liberty,  or  property  without  due 

process  of  law.    Sec.  3,  id.  546. 
Petition,  right  of  people  to  peaceably  assemble  for  purpose  of,  not  to 

be  denied.     Id. 
Philippines,  The,  as  used  in  this  Act,  application  and  scope  of.     Sec. 

1,  id.  545. 
Primogeniture,  law  of,  never  to  be  in  force  in.     Sec.  3,  id.  546. 
Private  property  not  to  be  taken  for  public  use  without  just  com- 
pensation.    Id. 
Provincial   governments,    maximum   indebtedness  to  be   incurred   by. 

Sec.  11,  id.  548. 
Provincial  officials,  salaries  of,  paid  from  what  funds.    Sefi,  30,  id.  556. 
Public  lands,   acts  of  legislature  relative   to,   must  be   approved   by 
President.     Sec.  9,  id.  547. 

Governor  General,  on  approval  to  forward  to  President.     Id, 
Time  limit  for  approval  or  disapproval  by.     Id. 
Public  lands,  except  military  reservatlcms,  etc.,  put  imder  control  of 

government  of.     Sec.  9,  id. 
Public  lands  no  longer  needed  for  reservations,  restoration  of.     Sec. 

9,  id. 
Public  property,  except  military  reservations,  etc.,  placed  under  con- 
trol of  government  of.    Id. 
Public  utilities — • 

Bonds  or  stocks,  restrictions  as  to  issuance  of,  by  corporation. 

Sec.  28,  id.  555. 
Dividends  on  stocks  or  bonds,  restrictions  as  to.    Id. 
Eminent  domain,  authority  to  exercise  right  of.    Id^ 


596  MILITARY    LAWS   OF    THE   UNITED   STATES,   1915. 

Pb  i  1  i  1  )p'i  lie  I  si  and  s — Con  t  i  u  iied . 

Autonomous  form   of  governmont,    Act   of   Aug.    29,    1916,    providing   for 
more — Continued. 

Public  utilities — Continued. 

Franchises,  granted  subject  to  amendment,  etc.,  by  Congress.     Id. 
Involuntary  servitude,  penalty  for  contracting  for  labor  of  persons 

lield  in.     Id. 
Private   property    not   to    be   taken    for,    without   just    compensa- 
tion.    Id. 
Punishment  for  contracting  for  labor  of  persons  held  to  involuu- 
tary  servitude.     Id. 
Punishments,  cruel  and  unusual,  not  to  be  inflicted.    Sec.  3,  id.  54G. 
Release  on  bond,  prior  to  conviction,  except  for  capital  offenses.     Sec. 

3,  id. 
Religious  liberty  or  freedom  not  to  be  restricted.    Id. 

Money,  or  property  not  to  be  appropriated  for  any  sect,  etc.  Id. 
Repealing  clause  as  to  all  laws  applicable  to  the  islands  in  conflict 

with  this  Act.     Sec.  31,  id.  556. 
Reservations,  lands  no  longer  needed  for,  restoration  of.     Sec.  9,  id.  547. 
Resident  Commissioners,  election  of,  by  the  legislature.    Sec.  20,  id.  552. 

Privileges,  qualifications,  and  salary  of.     Id. 
Revenue  laws,  authority  of  the  legislature  to  amend,  repeal,  etc.,  spe- 
cifically extended  to.     Sec.  7,  id.  547. 
Salaries  of  officials  appointed  by  President,  schedule  of,  and  how  paid. 

Sec.  29,  id  556. 
Salaries  of  officials  not  appointed  by   President  to  be  fixed  by   law, 
etc.     Id. 

Not  applicable  to  provincial  and  nuinicipal  officers.  Sec.  30,  id. 
Salaries  of  provincial  and  municipal  officers,  how  paid.  Sec.  30,  id. 
Searches  and  seizures,  >security  against  unreasonable,  not  to  be  violated. 

Sec.  3,  id.  546. 
Slavery  forbidden.     Id. 
Statutory  laws  of  United   States  hereafter  enacted  not  to  api)ly   to, 

unless  they  so  state.    Sec.  5,  id.  547. 
Tariff  laws,  acts  of  legislature  relative  to,  must  be  approved  by  Presi- 
dent.    Sec.  10,  id.  548. 

Time  limit  for  approval  or  disapproval  of.     Id. 
Tariff  laws,  authority  of  legislature  to  amend,  repeal,  etc.,  specifically 

extended  to.     Sec.  7,  id.  547. 
Tairiff  laws,  trade  relations  between  United  States  and  islands  under 

control  of  Congress.     Sec.  10,  id.  548. 
Taxation  laws,  authority  of  legislature  to  amend,  repeal,  etc.,  sjiecifi- 

cally  extended  to.     Sec.  7,  id.  547. 
Taxation,  rule  of,  shall  be  uniform.    Sec.  3,  id.  546. 
Taxes  for  special  purpose,  money  from,  to  constitute  special  fund.     Id. 
Timber,  acts  of  legislature  relative  to,  must  be  approved  by  President. 
Sec.  9,  id.  547. 
Governor  General,  on  approval,  to  forward  to  President.     Id. 
Time  limit  for  approval  or  disapproval  of.     Id. 
Titles  of  nobility,  enactment  of  law  granting,  prohibited.     Sec.  3,  id. 

546. 
Trade  between  United  States  and  islands  is  under  control  of  Congress. 
Sec.  10,  id.  548. 


MILITARY    LAWS    OF    THE   UNITED   STATES,   1915.  597 

Pbilipiniie  Islands — Coiitlniied. 

Autonomous  form  of  government,  Act  of  Aug.  29,  1916,  providing  for 
more — Continued, 

United  States  statutory  laws  hereafter  enacted  not  to  apply  to,  unless 

they  so  state.     Sec.  5,  id.  547. 
United  States,  trade  between  islands  and,  under  control  of  Congress. 

Sec.  10,  id.  548. 
Vice  governor,  appointment  and  duties  of.     Sec.  21,  id. 
Warrant  to  be  issued  only  on  showing  of  probable  cause,  supported  by 

oath.     Sec.  3,  id.  546. 
Witness,  no  person  comix^lled  to  testify  against  himself  in  criminal 
case.     Id. 

Benguet  Road,  portions  of  same  authorized  to  be  declared  a  toll  road.  Sec. 
1,  Act  No.  1959,  Philippine  Commission,  enacted  June  26,  1909. 

Bonds  to  be  given  by  all  insular,  provincial,  or  municipal  ofhcers  receiving 
or  Jiaving  custody  of  funds  or  property.  Sec.  37,  Act  No.  1792,  Philippine 
Commission,  Oct.  12,  1907. 

Branch  office  of  Military  Information  Division  at  Manila,  payment  of  con- 
tingent expenses  of.     Act  of  Apr.  23,  1904  (33  Stat.  260). 

Certain  classes  of  persons  barred  from  election  or  appointment  to  township 
office.     Sec.  15,  Act  No.  1397,  Philippine  Commission,  Sept.  14,  1905. 

Certain  classes  of  persons  entitled  to  vote  at  all  elections,  officers  and 
enlisted  men  of  Army,  Navy,  and  IMarine  Corps  barred.  Sec.  13,  Act 
No.  1582,  Philippine  Commission,  Jan.  9,  1907. 

Civil  and  military  officers  and  employees  traveling  on  leave  to  be  granted 
half  rates  by  contracting  vessels  of  coastwise  trade.  Sec.  1,  Act  No. 
1310,  Philippine  Commission,  Mar.  23,  1905. 

Civil  government  not  to  interfere  with  military  administration  of  lands 
reserved  for  military  purposes.  Sec.  3,  Act  No.  530,  Philippine  Commis- 
sion, Nov.  24,  1902. 

Civil  jurisdiction  over  reservations.  Sec.  8,  Act  No.  530,  Philippine  Com- 
mission, Nov.  24,  1902. 

Claims  for  private  lands  and  interests  within  military  reservations  to  be 
barred  if  not  presented  within  six  months  from  date  of  notice.  Sec.  4, 
Act  No.  627,  Philippine  Commission,  Feb.  9,  1903;  sec.  1,  Act  No.  806, 
Philippine  Commission,  July  24,  1903. 

Connnanding  officer  of  United  States  troops  at  each  place  named  in  Act  to 
notify  municipal  authorities  of  bounds  of  precincts  within  which  intoxi- 
cants may  not  be  sold.  Sec.  5,  Act  No.  709, 1'^nilippifie  Commission,  Mar. 
28,  1903.  \ 

Condemnation  of  land  for  public  use,  who  may  exercise  right  of.  Sec.  241, 
Act  No.  190,  Philippine  Commission,  Aug.  7,  1901;  sec.  1,  Act  No.  665, 
I'hilippine  Commission,  Mar.  5,  1903. 

Containers  for  removal  of  dead.  Sec.  271,  Revised  Ordinances  of  City  of 
Manila,  1908. 

Contracts  for  material  for  seacoast  batteries.  Act  of  June  23,  1910  (36 
Stat.  508). 

Criminal  prosecutions  to  be  instituted  under  liquor  act  for  violations  of 
same.     Sec,  25,  Act  No.  59,  IMiilippine  Commission,  Dec.  14,  1900. 

Debt  due  United  States  from  any  insular,  provincial,  or  municipal  govern- 
ment offi.cer  or  employee  to  be  withheld  from  latter's  pay  by  disbursing 
othcer.    Sec.  1,  Act  No.  911,  Philippine  Commisison,  Sept.  29,  1903. 

Debt  due  United  States  from  officer  or  employee,  penalty  for  fa  Dure  of  dis- 
bursing officer  to  withhold  from  pay,  etc.  Sec.  2,  Act  No.  911,  Philippine 
Commission,  Sept.  29,  1903. 


598 

Philippine  Islands — Continued. 

Disinterment  and  removal  of  dead.  Sec.  35,  Act  No.  1458,  PhiUppine  Com- 
mission, Feb.  21,  1906. 

Electors,  who  may  exercise  privilege  of  choosing  elective  officers;  officers 
and  enlisted  men  of  Army,  Navy,  or  Marine  Corps  barred..  Sec.  6,  Act 
Noi  1397,  Philippine  Commission,  Sept.  14,  1905. 

False  swearing.    Sec.  2,  Act  No.  1562,  Philippine  Commission,  Nov.  10,  1906. 

Fees  and  fine  arising-  in  enforcement  of  liquor  lavs^ ;  how  disposed  of.  Sec. 
4,  Act  No.  759,  Philippine  Commission,  Mar.  28,  1903;  sec.  1,  Act  No.  1502, 
Philippine  Commission,  June  26,  1906. 

Fee*  for  permit  to  transport  body  of  dead.    Paragraph  288g,  Revised  Ordi- . 
nances  of  City  of  Manila,  1908. 

Fees  of  court  officers;  how  disposed  of.  Sec.  27,  Act  No.  136,  Philippine 
Commission,  June  11,  190^1 ;  sec.  1,  Act.  No.  176,  Philippine  Commission, 
July  20,  1901. 

Fees  to  civilian  witnesses.  Sec.  1,  Act  No.  1130,  Philippine  Commission, 
Apr.  28,  1904;  sec.  1,  Act  No.  1243,  Philippine  Commission,  Oct.  7,  1904. 

Firetirais  and  ammunition  regularly  and  lawfully  issued  to  all  United 
States  officers,  soldiers,  sailors  and  marines,  constabulary,  prison  guards, 
policemen,  antl  provincial  officials  and  servants,  to  be  retaine<l  by  them  for 
official  use.  Sec.  16,  Act  No.  1780,  Pliilippine  Commission,  Oct.  12,  1907. 
Sec.  24,  Act  No.  175,  Philippine  Commission,  July  18,  1901,  as  amended  by 
Act  No.  610,  Philippine  Commission,  Feb.  2,  1903,  and  sec.  1,  Act  No.  652, 
Philippine  Commission,  Mar.  4,  1903,  are  repealed  by  sec.  31,  Act  No.  1780, 
Philippine  Commission. 

Firearms,  lawful  possession  of,  by  officials.  Sec.  16,  Act  No.  1780,  Philip- 
pine Commission,  Oct.  12,  1907.  Sec.  24,  Act  No.  175,  Philippine  Commis- 
sion, July  18,  1901,  as  amended  by  Act  No.  610,  Philippine  Commission, 
Feb.  2,  1903,  and  sec.  1,  Act  No.  652,  Philippine  Commission,  Mar.  4.  1903, 
are  repealed  by  sec.  31,  Act  No.  1780,  Philippine  Commission. 

Franchises  for  works  of  public  utility,  etc.,  rules  and  regulations  to  be 
adopted.    Sec.  74,  Act  of  July  1,  1902  (32  Stat.  691). 

Governor  General  to  notify  judge  of  Court  of  Land  Registration  of  reserva- 
tion of  public  lands  for  military  pui-poses.  Sec,  2,  Act  No.  627,  Philip- 
pine Commission,  Feb.  9^,  1903,  as  amended  by  sec.  1,  Act  No.  806,  Phil- 
ippine Commission,  July  24,  1903. 

Governor  of  Pi'ovlnce,  or  district  governor,  to  apply  to  any  military  officer 
in  command  of  United  States  troops  to  enforce  law  and  order  and  sup- 
press disturbances  thift  can  not  otherwise  be  put  down.  Sec.  20,  Act  No. 
787,  Philippine  Commission,  June  1,  1903,  as  amended  by  sec.  11,  Act  No. 
1283,  Philippine  Commission,  Jan.  13,  1905. 

Habeas  corpus — 

How  employed.     Sec.  1,  Act  No.  272,  Philippine  Commission,  Oct.  1, 

1901. 
Repeal  of  section  of  act  to  forbid  issuing  of  writ  of  hebeas  corpus 
against  miTitary  officer  or  soldier  in  certain  Provinces.     Sec.  4,  Act 
No.  421,  Philippine  Commission,  June  23,  1902. 
When  privilege  of  same  may  be  suspended.     Sec.  5,  Act  of  July  1,  1902 
(32  Stat.  692). 

Highway,  Lepanto  Mining  Co.,  statutory  regulations  governing  operation 
of  same.     Sec.  5,  Act  No.  1700,  Philippine  Commission,  Aug.  30,  1907. 

Import  duties,  not  to  be  imposed  on  certain  classes  of  imports.  Sec.  10, 
Act  of  Aug.  5,  1909  (36  Stat.  170,  171.) 


m9 

Philippine  Islands — Continued. 

Insane  natives  serving^  in  Army,  care  of.  Act  of  Mar.  2,  1907  (34  Stat. 
1173). 

Inspection  of  United  States  Government  vessels  entering  FhilipiviBe  Islands. 
Sec.  20,  Act  of  Aug.  5,  1909  (36  Stat.  176). 

Interisland  traffic,  regulations  governing.  Sec.  1,  Act  of  Apr.  29,  1908  (35 
Stat.  70). 

Internal-revenue  taxes  impoaed  by  the  Philippine  Legislature  legalized  and 
ratified.     Act  of  July  1,  1916  (39  Stat.  286). 

Intoxicating  liquors,  certain  Army  officers  to  be  justices  of  the  peace  only 
for  purpose  of  enforcing  provisions  of  act  regulating  sale  of.  Sec.  4, 
Act  No.  709,  Philippine  Commission,  Mar.  28,  1903,  as  amended  by  sec. 
1,  Act  No.  1502,  Philippine  Commission,  Juae  26,  1906. 

Investigation  of  suspicious  deaths.  Sec.  15,  Act  No.  1487,  Philippine  Com- 
mission, May  16,  1906. 

Justices  of  the  peace,  certain  Army  officers  to  be,  only  for  purpose  of 
enforcing  act  regulating  sale  of  intoxicating  liquoi-s.  Sec.  4,  Act  No. 
709j  Philippine  Commission,  Mar.  28,  1903,  as  amended  by  sec.  1,  Act 
No.  1502,  Philippine  Commission,  June  26,  1906. 

Lands  and  buildings  exempt  from  taxation.  Sec.  19,  Act  No.  1396,  Philip- 
pine Commission,  Sept.  14,  1905. 

Lands  comprised  within  military  reservations  to  become  registered  lands. 
Sec.  1,  Act.  No.  627,  Philippine  Commission,  Feb.  9,  1903,  as  amended  by 
sec.  1,  Act  No.  806,  Philippine  Commission,  July  24,  1903. 

Lands  to  which  provisions  of  sees.  38,  39,  40,  41,  and  42  of  Act  No.  190  are 
applicable.  Sec.  6,  Act  No.  627,  Philippine  Commission,  Feb.  9,  1903,  as 
amended  by  sec.  3,  Act  No.  806-  Philippine  Commission,  July  24,  1903, 

Lands  within  militai-y  reservations  to  be  brought  under  operation  of  land- 
registration  act.  Sec.  1,  Act  No.  627,  Philippine  Commission,  Feb.  9, 
1908,  as  amended  by  sec.  1,  Act  No.  806,  Philippine  Commission,  July 
24,  1903'. 

Law  of  war ;  military  occupation.    Sec.  2,  Act  of  July  1, 1902  (32  Stat.  692). 

License  as  master,  mate,  etc.,  of  a  Philippine  coastwise  vessel.  Sec.  7, 
Act  No.  780,  Philippine  Commission,  May  29,  19i>3,  as  amended  by  sec.  1, 
Act  No.  1j317,  Philippine  Commission,  Apr.  11,  1905. 

Licenses  to  harbor  vessels.    Sec.  4,  Act  of  Apr.  29,  1908  (35  Stat.  70). 

Liquor  licenses  not  to  be  granted  on  military  reservations.  Sec.  1,  Act  No. 
.530,  Philippine  Commission,  Nov.  24,  1902. 

Liquor  licenses  not  to  be  granted  by  provincial  or  municipal  autlwrity  for 
sale  of  Intoxicants  within  certain  prohibited  areas.  Sec.  1,  Act  No.  709, 
Philippine  Commission,  Mar.  28,  1903,  as  amended  by  sec.  1,  Act  No.  760, 
Philippine  Gonmiission,  May  21,  1903;  see  sees.  1  and  2,  Act  No.  1169, 
Philippine  Commission,  May  31  ,1904,  and  sec.  1,  Act  No.  1904,  Philippine 
Legislature,  May  19,  1909. 

Locust  pest,  exemption  of  certain-named  classes  of  inhabitants  of  Philip- 
pine Islands  from  being  called  upon  to  aid  in  suppression  of.  Sec.  1, 
Act  No,  834,  Philippine  Connnission,  Aug.  17,  1903. 

MilitaiT  forces  in  Philippine  Islands  to  be  at  all  times  subject  to  call  of 
civil  authorities.    Sec.  1,  Act  of  .Tuly  1,  1902  (32  Stat.  691). 

Military  reservations,  civil  officers  having  authority  over,  or  civilians  resi- 
dent thereon,  not  to  interfeve  with  uuUtaLy  use  of  sauie.  Sec.  3^  Act  No. 
530,  Philippine  Commission,  Nov.  24,  1002^ 


600  MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 

PLiilippine  Islands — Continued. 

Mining  claims  on  reservations.    Sec.  5,  Act  No.  530,  Philippine  Commission, 

Nov.  24,  1902. 
Moro  Province — 

Allowance  to  Army  officers  detailed  to  perform  duties  of  provincial  or 
district  officials  of  Province.     See.  11,  Act  No.  787,  Philippine  Com- 
mission, June  1,  1903,  as  amended  by  sec.  4,  Act  No.  1283,  IMiilippine 
Commission,    Jan.    13,   1905,   and    sec.   1,   Act   No.    1391,    Philippine 
Commission,  Sept.  8,  1905. 
Composition  of  legislative  council.     Sec.   12,  Act  No.  787,  Philippine 
Commission,  June  1,  1903,  as  amended  by  sec.  5,  Act  No.  1283,  Philip- 
pine Commission,  Jan.  13,  1905,  and  sec.  2,  Act  No.  1G73,  Philippine 
Commission,  July  20,  1907. 
Governor  General  to  appoint  executive  officers  for.    Sec.  4,  Act  No.  787, 
Philippine   Commission,   June  1,   1903,   as   amended   by   sec.   ],   Act 
No.  1283,  Philippine  Commission,  Jan.  13,  1905,  and  sec.  1,  Act  No. 
1673,  Philippine  Commission,  July  20,  1907. 
Legislative  council  to  have  power  to  insure  gradual  transition  from 
military  to  civil  control.    Sec.  28,  Act  No.  787,  Philippine  Commission, 
June  1,  1903. 
Positions,  duties,  and  compensation  of  engineer  and  superintendent  of 
schools  of  Moro  Province  created,  assigned,  and  fixed  by  legislative 
council.     Sec.  12,  Act  No.  787,  Philippine  Con)mlsslou,  June  1,  1903, 
as  amended  by  vsec.  5,  Act  No.  1283,  Philippine  Commission,  Jan.  13, 
1905,  and  sec.  2,  Act  No.  1G73,  Philippine  Commission,  July  20,  1907. 
Provincial  governor  to  appoint,  with  consent  of  legislative  council,  a 
governor  and  secretary  in  each  district.    Sec.  15,  Act  No.  787,  IMiilip- 
pine Commission,  July  1,  1903,  as  amended  by  sec.  1,  Act  No.  889, 
Philippine  Commission,  Sept.  17,  1903;  sec.  1  Act  No.  1G31,  Philip- 
pine Commission,  Apr.  25,  1907;  and  sec.  3,  Act  No.  1879,  Philippine 
Commission,  Oct.  10,  1908. 
Provincial  governor  to  report  to  the  Governor  General  of  the  Islands. 

Sec.  5  Act  No.  787,  Philippine  Conmiission,  June  1,  1903. 
Salaries  of  all  officers  and  employees  of  Province,  and  of  districts  and 
municipalities  therein,   from  what  payable.     Sec.   11,  Act  No.   787, 
Philippine  Commission,  June  1,  1903.  as  amended  by  sec.  4,  Act  No. 
1283,  Philippine  Commission,  Jan.  13,  1905,  and  sec.  1,  Act  No.  1391, 
Philippine  Commission,  Sept.  8  1905. 
Use  of  Army  in  aid  of  civil  authorities.    Sec.  20,  Act  No.  787,  Philippine 
Commission,  June  1,  1903,  as  amended  by  sec.  11,  Act  No.  1283,  Philip- 
pine Commission,  .Tan.  13,  1905. 
National-defense  secrets,  offenses  against  act,  where  cognizable.    Sec.  3,  Act 

of  Mar.  3,  1911  (36  Stat.  1085). 
Native  wines  not  to  be  sold  in  Province  of  Zambales  to  soldiers  of  Army  or 
sailors  or  enlisted  men  of  Navy  or  Marine  Corps;  penalty  for  violation. 
Sees.  1  and  2,  Act  No.  1309,  Philippine  Commission,  July  7,  1905. 
Native  wines  not  to  be  sold  to  soldiers  of  United  States  Army  or  to  Siiilors 
or  enlisted  men  of  Navy  or  Marine  Corps  in  Province  of  Cavite,  penalty 
for  violation.     Sees.  1  and  2,  Act  No.  1302,  Philippine  Commission,  Feb. 
24,  1905. 
Native  wines  or  liquors.  Governor  General  to  specify  kinds  of,  prohibited  to 

be  sold.    Sec.  1,  Act  No.  1944,  Philippine  Legislature,  May  20,  1909. 
Native  wines,  so  called,  not  to  be  sold  to  soldiers.     Sec.  24,  Act  No.  59^ 
Philippine  Commission,  Dec.  14,  1900. 


MILITARY   LAWS    OF   THE   UNITED   STATES,   1915.  601 

Philippine  Islands — Continued. 

Navigation  laws,  repeal  of.    Sec.  6,  Act  of  Apr.  29,  1908  (35  Stat.  70). 

Navigation  laws  to  be  administered  by  proper  officials  of  the  Insular  Govern- 
ment.   Sec.  5,  Act  of  Apr.  29,  1908  (35  Stat.  70). 

Oaths,  who  may  administer.  Sec.  1,  Act  No.  1562,  Philippine  Commission, 
Nov.  10,  1906. 

Offenses  on  high  seas,  jurisdiction  over.  Sec.  3,  Act  of  Mar.  3,  1911  (36 
Stat.  1085). 

Officers  of  Army  and  of  constabulary  are,  while  upon  certain  details,  given 
the  power  of  peace  officers,  and,  while  so  detailed,  shall  perform  the 
duties  of  such  peace  officers.  Sec.  1,  Act  No.  1797,  Philippine  Commis- 
sion, Oct.  12,  1907. 

Penalty  for  conviction  of  violation  of  liquor  law.  Sec.  25,  Act  No.  59, 
Philippine  Commission,  Dec.  14,  1900. 

Penalty  for  selling,  furnishing,  or  giving  away  intoxicants.  Sec.  2,  Act  No. 
709.  Philippine  Gonnnission,  Mar.  28,  1903. 

Penalty  for  unlawfully  cutting  or  destroying  standing  timber  or  any  other 
public  property  on  military  reservations.  Sec.  6,  Act  No.  530.  Philippine 
Commission,  Nov.  24,  1902.-  See  sec.  9,  Act  No.  1407,  Philippine  Commis- 
sion, Oct.  26,  1905.  as  amended  by  sec.  1,  Act  No.  1872,  Philippine  Com- 
mission, June  19,  1908,  and  sec.  1,  Act  No.  1976,  Philippine  Legislature, 
Apr.  18,  1910,  which  gives  to  honorably  discharged  soldiers  and  sailors  of 
the  Army  or  Navy  certain  rights  to  cut  timber  free  of  charge  in  the  public 
forests. 

Penalty  for  violating  any  regulation  made  in  pursuance  of  an  Act  providing 
for  establishment  and  maintenance  of  toll  roads  and  bridges ;  act  to  be  at 
once  operative.  Sees.  2  and  3,  Act  No.  1959,  Philippine  Commission,  .June 
26,  1909. 

Per  dieras  to  Army  or  Navy  officers  detailed  for  duty  with  the  Insular  Gov- 
ernment when  traveling  on  official  business.  Sec.  3,  Act  No.  1873,  I'hilip- 
pine  Legislature,  June  19,  1908. 

Personal  property  of  persons  employed  in  military  service  and  used  incident 
to  such  service  to  be  exempt  from  all  taxation  under  insular  laws.  Sec.  4, 
Act  No.  530,  Philippine  Commission,  Nov.  24,  1902. 

Philippine  civil-service  act  not  to  apply  to  persons  in  military,  naval,  or 
civil  service  of  United  States  detailed  for  performance  of  civil  duties. 
Sec.  1,  Act  No.  1698,  Philippine  Commission,  Aug.  26,  1907. 

I'hilippine  civil-service  Act  retroactive  in  effect  as  to  accrued  leave  of 
officers  and  employees.  Sec.  23,  Act  No.  1698,  Philippine  Commission, 
Aug.  26,  1907. 

Philippine  civil-service  act  to  apply  to  appointment  to  all  positions  in 
Pliilippine  civil  service,  except  semi  or  unskilled  laborers,  etc.  Sec.  1, 
Act  No.  1698,  Philippine  Commission,  Aug.  26,  1907. 

Poll  tax,  every  male  between  18  and  60,  with  certain  named  exceptions,  to 
pay.    Sec.  120,  Act  No.  1189,  Philippine  Commission,  July  2,  1904. 

Procedure  to  be  observed  upon  filing  of  claims  and  applications  for  regis- 
tration in  court  of  land  registration.  Sec.  5,  Act  No.  627,  Philippine 
Conunission,  Feb.  9,  1903,  as  amended  by  sec.  1,  Act  No.  806,  Philippine 
Commission,  July  24,  1903. 

Property  and  rights  acquired  by  treaty,  except  military  reservations,  placed 
under  control  of  insular  Gevernment.  Sec.  12,  Act  of  July  1,  1902  (32 
Stat.  691). 


602  MILITARY   LAWS   OF   THE  UNITED  STATES,   1915. 

Philippine  Islands — Continued 

Property  and  rights  acquii-ed  by  treaty,  except  that  designated  for  military 
and  other  reservations  placed  under  control  of  insular  government.  Sec. 
12,  Act  of  July  1,  1902  (32  Stat.  695). 

Publication,  by  court  of  lami  registration,  of  notices  of  registration  of  pub- 
lic lands.  Sec.  3.  Act  No.  C»27,  Philippine  Connnission,  Feb.  9,  1908.  as 
amended  by  sec.  1,  Act  No.  806,  Pliilippine  Connnission,  July  24,  1903. 

Railway  line  to  Bagnio,  statutory  regulations  governing  operation  of  same. 
Sec.  1,  Act  No.  1785,  Philippine  Commission,  Oct.  2,  1907. 

Railway,  telegraph,  and  telephone  lines,  statutory  regulations  governing 
construction  and  operation  of,  in  islands  of  Panay,  Negros,  and  Cebu. 
Sees.  1  and  15,  Act  No.  1497,  Philippine  Commission,  May  28,  1906. 

Railways  in  island  of  Luzon,  statutory  regulations  governing  operation  of 
same.     Sec.  1,  Act  No.  1510,  Philippine  Commission,  July  7,  1906. 

Restrictive  provisions  of  law  not  to  apply  to  foreign  vessels  plying  between 
Philippines  and  Unite<l  States.    Sec.  3,  Act  of  Apr.  29,  1908  (35  Stat.  70). 

Revised  Statutes  of  United  States,  sees.  1014,  5270-5279,  to  apply,  so  far  as 
applicable,  to  Philippine  Islands.  Sees.  1  and  2,  Act  of  Feb.  9,  1903  (32 
Stat.  605)  ;  sees.  1  and  2,  Act  of  Feb.  6,  J905  (33  Stat.  698). 

Road  tax  to  be  hnposed  on  all  males,  with  certain  exceptions,  between  18 
and  60  years  of  age.  Sec.  19,  Act  No.  1396,  Philippine  Commission,  Sept. 
14,  1905. 

Salary  of  Army  or  Navy  officer  detailed  to  perform  the  duties  of  any 
office  under  insular  government.  Sec.  39,  Act.  No.  1407,  Pliilippine  Com- 
mission, Oct.  26,  1905. 

Saline  lauds,  disposition  of.     Sec.  9,  Act  of  Feb.  6,  1905  (33  Stat.  697). 

Sec.  1014,  Revised  Statutes,  to  apply,  so  far  as  practicable,  tliroughout  the 
Philippine  Islands.     Sec.  1,  Act  of  Feb.  9,  1903  (32  Stat.  806). 

Sees.  5270,  5271,  5272,  5273,  5274,  5275,  5276,  and  5277,  Revised  Statutes,  so 
far  as  applicable,  to  apply  to  Philippine  Islands.  Sees.  1  and  2,  Act  of 
Feb.  6,  1905  (33  Stat.  698). 

Sees.  5278  and  5279,  Revised  Statutes,  to  apply,  so  far  as  practicable,  to  the 
Philippine  Islands.     Sec.  2,  Act  of  Feb.  9,  1903  (32  Stat.  807). 

Secretary  of  commerce  and  police  to  invite  proiwsals  and  make  contracts  for 
carrying  mails  and  government  freight  and  passengers  in  coastwise  trade. 
Sec.  1,  Act.  No.  1310,  Philippine  Commi.ssion,  Mar.  23,  1905. 

Special  transportation  to  be  furnished  insular  government  by  Manila  Rail- 
way Co.  at  extra  compen.sation.  Sec.  14,  Act  No.  554,  Philippine  Com- 
mission, Dec.  8,  1902. 

Special  transportation  to  be  furnished  insular  government  by  steam  tram- 
way contractor  at  extra  compensation.  Sec.  16,  Act.  No.  1448,  Philippine 
Commission,  Feb.  1,  1906. 

Statutory  provisio-ns  governing  appointments  to  all  positions  and  employ- 
ments in  Philippine  civil  .service.  Sec.  1,  Act  No.  1698,  Philippine  Com- 
mission, Aug.  26,  1907. 

The  President,  during  period  of  armed  resistance  to  Unitetl  States  forces, 
to  continue  to  regulate  and  control  commercial  intercourse  of  Philippine 
Islands.     See.  3,  Act  of  July  1,  1902  (82  Stat.  692). 

Toll  roads  and  bridges,  rates  fixed  to  be  subject  to  approval  of  Governor 
General ;  ofticers,  enlisted  men,  and  civil  employees  of  Army,  Navy,  and 
Marine  Corps  to  be  exempt  from  payment  of  tolls.  Sec.  1,  Act  No  1617, 
Philippine  Commission,  Mar.  20,  1907. 

Tonnage  taxes  imposed  by  Philippine  Legislature  on  vessels  engaged  in 
foreign  trade  legalized  and  ratified.     Act  of  July  1,  1916  (39  Stat.  286). 


MILITARY  LAWS  OF   THE  UlJiflTED  STATES,  1915.  60S 

Philippine  Islands — CJontinued. 

Tonnage  taxes   and   light   dues,   vessels   owned   by   citizens  of   Phillipine 
Islands  exempt  frora,  in  ports  of  United  States.     Act  of  July  1,  1916  (39 
Stat.  286). 
Tonnage  taxes  to  be  levied  upon  all  foreign  vessels  entering  United  States 

from  Philippine  Islands.     Sec.  2,  Act.  of  Apr.  29,  1908  (35  Stat.  70). 
Tiansportation  of  bodies  by  military  authorities.    Par.  289,  Revised  Ordi- 
nances of  City  of  Manila,  1908. 
Plants  for  shipbuilding,  requisitioning,  etc.     See  Emergency  Shipping  Fund. 
Police:  Civil,  may  be  called  upon  to  arrest  trespassers,  etc.,  upon  Presidio  of 

San  Francisco.     Act  of  June  4,  1888  (25  Stat.  167). 
Poll  tax,  Philippine  Islands,  male  persons  subject  to.     /See  Philippine  Islands. 
"  Portage  Levee,"  Secretary  of  Wai*  to  convey  title  of  United  State.s  in,  to  the 
State  of  Wisconsin  or  city  of  Portage.     Act  of  July  27,  1916  (39  Stat.  401). 
Porto  Rico: 

Civil  government  provided  for.     Sees.  1-58,  Act  of  Mar.  2,  1917  (39  Stat. 

951-968). 
•*  Person,"  as  used  in  Act,  how  construed.     Sec.  2,  Act  of  June  11,  1906 

(34  Stat.  234). 
Postponement  of  election  to  a  date  to  be  hereafter  fixed  by  the  President  ou 
failure  of  Congress  to  pass  the  Act  to  provide  a  civil  government  for,  etc., 
at  1st  sess.,  64th  Cong.     Sec.  6,  Act  of  Sept.  8,  1916  (39  Stat.  830). 
Restrictions  upon  powers  granted  by  Act  to  Secretary  of  War.     Sec,  3,  Act 

of  June  11,  1906  (34  Stat.  235). 
Secretary  of  War  is  authorized  to  grant  permits  for  construction  of  works 
in  navigable  waters  in  or  surrounding  Porto  Rico.     Sec.  1,  Act  of  June  11, 
1906  (34  Stat.  234). 
Postmasters,  oaths,  may  administer  for  pension  purposes.     /See  Pensions, 
Post  traders:  Vacancies  not  to  be  filled.     Act  of  Jan.  28,  1803  (27  Stat.  426). 
Potomac  Park,  District  of  Columbia : 

Made  part  of  park  system.    See  Corps  of  Engineers. 
Restrictions  on  lagoons  or  speedways  in.    See  Corps  of  Engineera 
Playgi'ound   for   children,    regulation   for  control   of,    etc.     See   Coi*ps    of 
Engineers. 
President : 

Authorized  to  employ  all  persons  in  land  and  naval  service  in  eonuectioa 

with  Coast  and  Greodetic  Survey  work.     See  Army, 
Philippine  Islands,  during  armed  resistance  to  regulate  commercial  inteiv 

course  with.     See  Philippine  Islands. 
Powers  conferred  on,  may  be  exercised  through  Isthmian  Canal  Commissioiii 
See  Isthmian  Canal  Commission. 
Presidio  of  San  Francisco  Military  Reservation : 

Consent  of  United  States  to  the  closing  of  certain  public  streets  of  tlie  city 

of  San  Francisco  east  of  the  eastern  boundary  of,  and  their  utilization 'as 

site  for  a  State  normal  school,  etc.     Act  of  Aug.  29,  1916  (39  Stat.  637). 

Construction  of  building  on,  for  Government  exhibit  and  use  of  building 

after  close  of  exhibition.     See  Panama-Pacific  International  Exposition. 

Construction  of  road  across,  connecting  Fort  Winfield  Scott  with  city  and 

county  road  leading  to  Fort  Miley.     Act  of  Aug.  29,  1916  (39  Stat.  637). 
Palace  of  Fine  Arts,  convey  site  of  to  California  University  in  exchange 

for  other  lands.     Act  of  May  12,  1917  (40  Stat.  57). 
Panama-Pacific  International  Exposition  and  its  successors  in  interest  may 
be  autliorized  to  occupy  portion  of,  with  Palace  of  Fine  Arts.     Id. 


604  MILITARY   LAWS   OF    THE   UNITED    STATES,    1915. 

Presidio  of  San  Francisco  Military  Reservation — Continued. 

Panama-Pacific  International  Exposition  and  its  successors  in  interest  may- 
be authorized  to  occupy  portion  of,  with  Palace  of  Fine  Arts — Continued, 
Extension  of  cession  of  jurisdiction  to  State  of  California  over  part  to 
be  occupied  during  such  occupancy,  and  to  terminate  on  revocation 
of  the  permit,  etc.     Id. 
Failure  to  remove  the  buildings  on  revocation  of  the  permJt  to  vest  title 
to  them  in  the  United  States.     Id.  G38. 
Temporary  cession  of  jurisdiction  to  State  of  California  over  portion  used 
for  exposition  purposes.     »?ee  Panama-Pacific  International  Exposition. 
Prisoners,  Federal; 

Deduction  from  sentences  for  good  conduct.     Sees.  5543,  5544,   R.   S.,   as 

amended  by  Act  of  Mar.  3,  1S75  (18  Stat.  479)  ;  Act  of  Mar.  3,  1891  (20 

Stat.   840).     Superseded  by   Act  of  June  21,   1902    (32   Stat.  397),   as 

amended  by  Act  of  Apr.  27,  1906  (34  Stat.  149). 

Military  prisoners,  deductions  from  sentence  for  good  conduct.     Sees.  1,  2, 

3,  Act  of  June  21,  1902  (32  Stat.  307). 
Parole  of,  June  25,  1910  (36  Stat.  819),  as  amended  by  act  of  Jan.  23,  1913 
(37  Stat.  650). 
Procedure,  Philippine  Islands,  for  filing  claims,  etc.,  in  court  of  land  registration. 

See  Philippine  Islands. 
Printing  and  binding: 

Allotments  from  api)ropriation  for,  restrictions  on  expenditure  of.     Act  of 

Aug.  1,  1914  (38  Stat.  673). 
Annual  reports  of  heads  of  departments,  etc.,  time  for  submitting  copy  to 

Public  Printer,  etc.     Sec.  9,  Act  of  Aug.  1,  1914  (38  Stat.  680). 
Employees  in  Government  Printing  Office  not  to  be  detailed  in  other  execu- 
tive branches  of  public  service.     Act  of  Aug.  1,  1914  (38  Stat.  673). 
Executive  departments,  certificate  of  necessity  for  printing  and  binding  to 

be  furnished.     Act  of  Aug.  ],  1914  (38  Stat.  673). 
Expenditures  from  appropriations,  apportionment  of  expenditures  to  work 

executed.     Act  of  Aug.  1,  1914  (38  Stat.  673). 
Medical  Bulletin,  Army,  for  instruction  to  medical  officers.     Act  of  Aug.  1, 
1914  (38  Stat.  673). 
Public  buildings   and  grounds,   employees,   estimates  and   appropriations   for, 

supervision  of,  etc.     See  Corps  of  Engineers. 
Public  buildings,  Wasliington,  D.  C.     See  Conmiission  of  Fine  Arts. 
Public  buildings,  use  of  water  in,  from  Washington  Aqueduct,  etc.     See  Corps  of 

Engineers. 
Public  lands: 

Assertion  of  right  to,  without  color  of  title.     Sees.  1  and  4,  Act  of  Feb.  25, 

1885  (23  Stat.  321), 
Canal  Zone,  leases  of.     See  Panama  Canal. 

Failure  to  extinguish  fires.     Sees.  2  au^l  3,  Act  of  May  5,  1900  (31  Stat.  169). 
Homesteads — 

Additional  entry,  when.     Sec.  2306,  R.  S. 

not  Affected  by  Sec.  7,  Act  of  July  3,  1916,  which  is  a  new  section  to 

the  Act  of  Feb.  19,  1909.     (39  Stat.  344.) 
Entry,  mode  of  procedure.     Sec.  2290,  R.  S. 
Entry,  who  may  make.     Sec.  2289,  R.  S. 
Mode  of  procedure.     Sec.  2290,  R.  S. 

Persons  who  have  entered  less  than  160  acres.     Sec.  2306,  R.  S. 
Rights    of    wife    and    minor    children    of    i)ersons    entitled    to.      Sec. 
2306,  R.  S. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915.  605 

Public  lands — Continued. 
Homesteads — Continued. 

Who  may  enter.    Sec.  22S9,  R.  S.  / 

Widow  and  minor  children  of  persons  entitled  to.     Sec.  2307,  R.  S. 
Inclosures  on.     Sees.  1  and  4,  Act  of  Feb.  25,  1885  (23  Stat.  321). 
Preference  to  homestead  settlers.     Act  of  Feb.  15,  1895  (28  Stat.  664). 
I*rocedure  for  removal  of  unlawful  inclosures.     Sees.  2  and  6,  Act  of  Feb.  25, 

1885  (23  Stat.  321). 
Removal  of  trespassers  from.     See  Employment  of  military  force. 
Remove  and  destroy  unlawful  inclosures  of.     ^ee  Employment  of  military 

force. 
Right  of  way  for  highways  over.     Sec.  2477,  R.  S. 

Seizure  of  timber  cut  on  the  public  lands.    Act  of  Apr.  30, 1878  (20  Stat.  46.) 
Setting  fires,  etc.     Sees.  1  and  3,  Act  of  May  5,  1900  (31  Stat.  169). 
Settlement  on  and  transit  over,  not  to  be  obstructed.     Sees.  3  and  4,  Act  of 

Feb.  25,  1885  (23  Stat.  321). 
Subject  to  preemption.     See.  2257,  R.  S. 
Public  Printer,  time  for  heads  of  departments  to  submit  copy  of  annual  reports 

to.     See  Printing  and  Binding. 
Public   property : 

Abandoned  military  reservations,  disposition  of.     Act  of  Mar.  3,  1803   (27 

Stat.  593). 
Army  officers  accountable  for,  to  obtain  certificates  of  nonindebtedness,  etc., 
before  final  payment  on  dischcarge.     Sec.  2,  Act  of  Jan.  12,  1809    (30 
Stat.  784). 
Offenses  on  ceded  districts  not  prohibited  by  Federal  law,  how  punished. 

Act  of  July  7,  1898  (30  Stat.  717). 
Philippine  Islands,  destruction  of  on  military  reservations.     See  Philippine 

Islands. 
Transportation  to  or  from  expositions  or  fairs,  etc.     See  Interstate  com- 
merce. 
Unserviceable  equipment,  Panama  Canal,  may  be  sold  without  advertising. 
See  Panama  CanaL 
Public  service,  record  of  conviction  in  Juvenile  Court,  District  of  Columbia,  not 
a  disqualification  for  entering  under  the  Federal  or  District  Governments. 
Act  of  Apr.  27,  1916  (39  Stat.  56). 
Public  utilities,  Philippine  Islands,  regulations  to  be  adopted  in  connection  with 

franchises  for.     See  Philippine  Islands. 
Public  works: 

Injury  to.    See  Corps  of  Engineers. 

Navigable  waters,  unauthorized  use  of.     See  Crops  of  Engineers. 
Puuloa  Military  Reservation,  island  of  Oahu,  Territory  of  Hawaii.     Transfer 
of  control  and  jurisdiction  over  to  the  Navy  Department  for  use  for  naval 
purposes.    Act  of  Aug.  29,  1916  (39  Stat.  642). 
Ouarantine  of  live  stock,   transportation,   notice  to  carriers.     See   Intoj-state 

commerce. 
<^'v,ntermaster  Corps,  supply  depot  for,  at  Fort  Sam  Houston,  Tex.,  acqiiisition 
of  additional  land  and  construction  of.    Act  of  Aug.  29,  1916  (39  Stat.  636). 
(M'.artermaster's  Department,  appointments  in,  from  volunteers.    Act  of  Mar.  2, 

1001  (31  Stat.  900). 
Radio  station,  naval,  Canal  Zone.    See  Panama  CanaL 


606  MILITARY   LAWS  OF   THE  UNITED   STATES,   1915. 

Radio  station,  naval.     Lands  of  United  States  under  control  of  a  particular 
department,  etc.,  that  have  been  or  may  hereafter  be  mutually  selected  as 
site  for,  may  be  transferred  to  control  and  jurisdiction  of  Navy  Department 
^  for  naval  purposes.    Act  of  Aug.  29,  1916  (39  Stat.  606). 
Railroads : 

Government  in  Alaska.    Detail  of  Lieut.  Frederick  Mears  to  assist  in  loca- 
tion and  construction  of.     J.  Res.  No.  17,  May  13,  1914   (38  Stat.  772). 
Preference  to  military  traffic  in  time  of  war.    Sec.  2,  Act  of  June  29,  1906 
(34  Stat.  586). 
Railways,  Philippine  Islands,  statutory  regulations  governing.     See  Philippine 

Islands. 
Red  Cross: 

American,  memorial  monument  to  commemorate  tlie  women  of  the  Civil 
War  to  be  permanent  headquarters  of,  and  to  be  charged  with  and  re- 
sponsible for  the  care,  keeping,  and  maintenance  of  the  memoriar  and 
grounds,  but  the  title  to  the  site  and  building  to  be  in  United  States. 
Act  of  Oct.  22,  1913  (38  Stat.  233). 
Detail  of  medical  officer  with.  See  Details  of  Army  officers. 
Red  Cross  Association,  incorporation  of,  etc.     Act  of  June  6,  19(X)    (31  Stat. 

277)  ;  Act  of  Jan.  5,  1905  (33  Stat,  599). 
Reformatory  of  District  of  Columbia : 

Persons  convicted  of  crimes  in  courts  of  the  District  and  sentenced  to  con- 
finement for  more  than  one  year  may  serve  their  confinement  in  instead  of 
in  a  penitentiary,  etc.    Act  of  Sept.  1,  1916  (39  Stat.  711). 
Transfer  of  prisoners  heretofore  convicted  in  District  courts  to  serve  re- 
mainder of  terms  of  coufineraent  in.    Id. 
Reporters,  courts-martial,  employment  of.     See  Military  tribunals. 
Requisitioning  plants,  etc.,  for  shipbuilding.     See  Emergency  Shipping  Fund. 
Reservations,  Indian,  removal  of  persons  from.    See  Indians. 
Retired  Army  officers  assigned  to  active  duty  as  members  of  Alaska  Board  of 

Road  Commissioners.    See  Alaska. 
Revenues,  Canal  Zone,  distribution  of.    See  Panama  Canal. 
Revised  Statutes  of  United  States,  certain  sections  to  apply,  so  far  as  applicable 

to  Philippine  Islands.    See  Philippine  Islands. 
River  and  harbor  improvements,  condemnation  and  purchase  of  lands  for.    See 

Corps  of  Engineers. 
River  and  harbor  works,  estimates,  reports,  surveys,  etc.,  for.     See  Corps  of 

Engineers. 
Rivers  and  harbors: 

Allotment  of  consolidated  works.     Balances  carried  to  authorized  works. 

Sec.  2,  Act  of  Aug.  8,  1917  (40  Stat.  261). 
Bayou  Meto,  Ark.,  declared  nonnavigable.     Sec.  16,  Act  of  Aug.  8,  1017 

(40  Stat.  268). 
Cape  Cod  Canal,  Mass.    Purchase  or  condemnation  authorized.    Procedure. 
Joint  action  of  Secretaries  of  War,  Navy  and  Commerce.     Sec.  4,  Act 
of  Aug.  8,  1917  (40  Stat.  262.) 
Chicago  River,  IlL,  report  of  survey  of  harbor  encroachments  required. 

Sec.  11,  Act  of  Aug.  8,  1917  (40  Stat  267). 
Consolidated  items  of  rivers  and  harbor  works,  with  aggregate  amount  ap- 
propriated therefor,  allotments  to  respective  works,  and  disposition  of 
balances  remaining  to  credit  of  separate  works  or  Items,  etc.     Sec.  3, 
Act  of  Mar.  4,  1915  (38  Stat  1052). 
Contract  work  authorized.     Sec.  3,  Act  of  Aug.  8,  1917   (40  Stat.  201). 


MILITARY   LAWS   OF    THE   UNITED   STATES^  1&15.  607 

Rivers  and  harbors — Continued. 

Donation  of  funds  to  be  expended  with  public  funds  for  improvement  of 
rivers  and  harbors,  Secretary  of  War  authorized  to  receive  from  private 
parties.     Sec.  4,  Act  of  Mar.  4,  1915  (38  Stat.  1053). 

Establish  anchorage  grounds  in  all  harbors,  rivers,,  bays,  and  other  navigable 
waters.  Secretary  of  War  authorized  to  define  and.  Sec.  7,  Act  of  ]Mar.  4, 
1915   (38  Stat.  1053). 

Funds  contributed  in  excess  of  actual  cost  of  work  may  be  retuinied  to 
representatives  of  contributing  interests  upon  approval  of  Secretary  of 
War,  etc.    Sec.  4,  Act  of  Mar.  4,  1915  (38  Stat.  1053). 

Index  to  annual  reparts  of  Chief  of  Engineers.    See  Corps  of  Engineers. 

Minnesota  and  Nortli  and  South  Dakotas,  consent  of  Congress  to  improve- 
ment of  boundary  waters  by.    Sec.  5,  Act  of  Aug.  8,  1917  (40  Stat.  266). 

Mosquito  Creek,  S.  C,  declared  nonnavigable.  Sec.  15,  Act  of  Aug.  8,  1917 
(40  Stat.  268). 

Proceedings  to  secure  title  to  lands  to  be  given  for  improvements,  by  State 
authorities,  etc.  Reimbursement  of  expenses.  Sec.  %  Act  of  Aug.  8,  1917 
(40  Stat.  267). 

Regulation  of  use  of  harbors,  etc  by  Seci-etary  of  War.  Sec.  7,  Act  of 
Aug.  8,  1917  (40  Stat.  266),  amending  see.  4,  Act  of  Aug.  18,  1894  (28 
Stat.  362),  as  amended  by  sec.  11,  Act  of  June  13,  1902  (32  Stat.  374). 

Rentals  for  use  of  Government  plants  in  improvement  of,  disposition.  Sec, 
13,  Act.  of  Aug.  8,  1917  (40  Stat.  268). 

Restriction  on  private  contract  work  for  improvement  of.  Sec.  6,  Act  of 
Aug.  8,  1917  (40  Stat.  266). 

Rules  and  regulations  governing,  to  be  enforced  by  Chief  of  Engineers  at 
ports  or  places  where  no  revenue  cutter  is  available,  etc.  Sec.  7,  Act  of 
Mar.  4,  1915  (38  Stat.  1053). 

Saint  Marys  River,  Ohio  and  Indiana,  declared  nonnavigable.  Sec.  17,  Act 
of  Aug.  8,  1917  (40  Stat.  268). 

San  Diego,  Cal.,  Atchison,  Topeka  &  Santa  Fe  Railway  Co.  may  retain 
wharf  at ;  conditions ;  agi*eement  as  to  disputes ;  improvements,  etc.,  by 
the  Governmeat ;  alterations,  etc.,  by  railway  company  not  required. 
Sec.  14,  Act  of  Aug.  8,  1917  (.40  Stat,  268). 

Seattle,  Wash.,  Betterton-Morgan  Co.  (Inc.),  may  construct  dock  on  tide 
lands  of.    Sec.  12,  Act  of  Aug.  8,  1917  (40  Stat.  267). 

Secretary  of  War  authorized  to  appoint  a  board  of  three  officers  from  the 
Corps  of  Engineers  to  examine  and  appraise  the  value  of  the  work  and 
franchises  of  the  East  Canal  Co.  from  the  St.  Johns  River  to  Key  West, 
Fla.,  with  reference  to  its  purchase  by  the  Government  and  the  construc- 
tion of  a  free  and  open  waterway,  etc.  Sec.  15,  Act  of  Mar.  4,  1915  (38 
Stat  1058). 

Specific  authority  required  for  surveys,  etc.  Sec.  4,  Act  of  Aug.  8,  1917 
(40  Stat.  261). 

Waterways  Commission — 

Appropriation  for  expenses  of.     Sec.  18,  Act  of  Aug.  8,  1917  (40  Stat. 

269). 
Authority  for  expenditures.     Id. 
Compensation  of  commission.     Id. 
Composition  of.     Id. 
Consideration  of  rights,  etc..  of  United  Stntes,  States,  etc.,  respecting 

proposed  projects.     Id. 
Engineers,  technical  experts,  etc.,  to  be  employed.    Id. 
Report  of  plans  to  Congress.    Id. 


608  MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 

Rivers  and  harbors — Continued. 

Waterways  Commission — Continued. 

River  and  harbor  projects  not  interferred  with,  etc.    Id.,  270. 
Subjects  for  studj%  etc.,  designated.     Id.,  269. 
Road  Commissioners,  Board  of,  Alasl^a.     See  Ahislva. 
Roads,  public  lands,  right  of  way  for  highways  over.    See  Public  lands. 
Road  tax,  Philippine  Islands,  male  persons  on  which  imposed.     See  Philippine 

Islands. 
Sacramento  River,  Cal.,  control,  of  floods  in.     Pars,  a-c,  sec.  2,  Act  of  Mar.  1, 

1917  (39  Stat.  949). 
Saint  Johns  River,  Fla.  Secretary  of  War  authorized  to  appoint  a  board  of 
three  officers  from  the  Corps  of  Engineers  to  examine  and  appraise  the  value 
of  the  work  and  francliises  of  the  East  Coast  Canal  from  the  river  to  Key- 
West,  with  reference  to  its  purchase  by  the  Government  and  the  construction 
of  a  free  and  open  waterway,  etc.  Sec.  15,  Act  of  Mar.  4, 1915  (38  Stat.  105S). 
Saint  Marys  River,  Ohio  and  Indiana,  declared  nonnavigable.     Sec.  17,  Act  of 

Aug.  8,  1917  (40  Stat.  268). 
Salem,  Mass.,  relief  of  fire  sufferers  at,  expenditures  under  Secretary  of  War. 

Sec.  13,  Act  of  Aug.  1,  1914  (38  Stat.  681). 
Sales,  Canal  Zone,  construction  material,  etc.,  disposition  of  proceeds  of.     See 

Panama  Canal. 
Saline  lands,  Philippine  Islands,  disposition  of.    See  Philipi^ine  Islands. 
Sam  Houston,  Fort,  Texas.     See  Military  reservations. 
San  Antonio,  Tex.     See  Texas  Bicentennial  and  Pan  American  Exposition. 
San  Diego   Cal.,  Atchison,  Topeka  &  Santa  Fe  Railway  Co.  may  retain  wharf 
at ;  conditions ;  agreement  as  to  disputes ;  improvements,  etc.,  by  the  Govern- 
ment; alterations,  etc.,  by  railway  company  not  required.     Sec.  14,  Act  of 
Aug.  8,  1917  (40  Stat.  268). 
San  Francisco,  sale  by  city  and  county  of,  to  War  Department  of  water  supply 
required  for  the  military  reservations  in  or  near  the  city,  supplied  from 
reservoirs  in  Hetch  Hetchy  Valley,  Yosemite  National  Park,  on  certain  con- 
ditions, etc.    Par.  (u),  sec.  9,  Act  of  Dec.  19,  1913  (38  Stat.  250). 
San  Jacinto  Military  Reservation,  Tex.,  county  or  city  of  Galveston  and  other 
local  interests  to  quiet  all  claims  to  title  to.    Act  of  Aug.  27,  1916  (39  Stat. 
398). 
Schofield  Barracks  Military  Reservation,  Territory  of  Hawaii.     Dowsett  Co. 
(Ltd.)   authorized  to  remove  certain  buildings  from  within  specified  time. 
Act  of  Aug.  29,  1916  (39  Stat.  636). 
Schools,  Indian: 

Detail  of  Army  oflicers  in  connection  with  normal  and  industrial  training. 

See  Details  of  Army  oflicers. 
Use  of  vacant  military  posts  and  barracks  for  normal  and  industrial  train- 
ing.    See  Details  of  Army  oflicers. 
Seattle,  Wash.,  Better  ton-Morgan  Co.  (Inc.),  may  construct  dock  on  tide  lands 

of.    Sec.  12,  Act  of  Aug.  8,  1917  (40  Stat.  267). 
Secretary  of  War: 

Acceptance  by  President  and,  from  the  Lincoln  Farm  Association,  of  title 
to  the  homestead  of  Abraham  Lincoln  and  the  log  cabin  in  which  he  was 
born,  together  with  the  memorial  inclosing  the  same,  and  an  endowment 
fund  of  $50,000  in  relation  thereto.  The  control  of  the  property  to  be 
under  the  Secretary  of  War.  Act  of  July  17,  1916  (39  Stat.  385). 
Accept  donation  of  funds  to  be  expended  with  public  funds  for  improve- 
ment of  rivers  and  harbors.    See  Rivers  and  harbors. 


609 

Secretary  of  War — Continued. 

Accept  donation  of  lands  and  navigation  improvements  of  the  "  Kyle  and 
Young  Canal  "  and  the  "  Morrison  Landing  extension,"  Oklavvaha  River, 
Fla.    Act  of  July  27,  1916  (39  Stat.  396). 

Accept  funds  raised  by  New  York  World  by  popular  subscription  for  con- 
struction of  electric  lighting  plant  for  illuminating  the  Statue  of  Liberty, 
Bedloes  Island,  New  York  Harbor.  Sec.  5,  Act  of  July  27,  1916  (39 
Stat.  411). 

Anacostia  River  and  Flats,  acquisition  of  land  in  connection  with  reclama- 
tion and  development  of;  adjustment  of  boundaries  and  exchange  of 
lands  with  the  Philadelphia,  Baltimore  &  Washington  Railroad,  etc.  Act 
of  Mar.  8,  1917  (39  Stat.  1040,  1041). 

Approve,  as  member  of  commission,  site  and  plans  for  the  memorial  monu- 
ment to  commemorate  the  women  of  the  Civil  War,  and  to  supervise 
expenditures.    Act  of  Oct.  22,  1913  (38  Stat.  233). 

Authorized  to  appoint  a  board  of  three  officers  from  Corps  of  Engineers 
to  examine  and  appraise  the  value  of  the  work  and  franchises  of  the  East 
Canal  Co.,  from  the  St.  Johns  River  to  Key  West,  Fla.,  with  reference 
to  its  purchase  by  the  Government  and  the  construction  of  a  free  and 
open  waterway,  etc.    Sec.  15,  Act  of  Mar.  4,  1915  (38  Stat.  1058). 

Authorized  to  construct  new  Aqueduct  Bridge.  See  Aqueduct  Bridge,  under 
Corps  of  Engineers. 

Authorized  to  loan,  issue,  or  use  quartermaster's  and  medical  supplies  for 
the  relief  of  destitute  persons  in  the  districts  overflowed  by  the  Missis- 
sippi River  and  its  tributaries.    J.  Res.  of  Feb.  15,  1916  (39  Stat.  11). 

Convey  to  State  of  Wisconsin  or  city  of  Portage  the  title  of  United  States 
to  "Portage  Levee."    Act  of  July  27,  1916  (39  Stat.  401). 

Establish  and  define  anchorage  grounds  in  all  harbors,  rivers,  bays,  and 
other  navigable  waters.    See  Rivers  and  harbors. 

Ex  officio  member  of  national  military  park  commissions  on  vacancy  oc- 
curring by  death  or  resignation  of  members  of  the  commissions;  and, 
upon  vacation  by  all  members,  duties  of  commissioners  to  be  performed 
under.    Act  of  Aug.  24,  1912  (37  Stat.  442). 

Expenditures  for  relief  of  fire  sufferers  at  Salem,  Mass.,  to  be  made  under. 
See  Salem,  Mass. 

Flood   sufferers   in   North   Carolina,    South   Carolina,    Georgia,   Alabama, 

Florida,  Tennessee,  and  Mississippi,  relief  of,  with  food,  supplies  of  the 

Quartermaster  and  Medical  Department,  etc.     J.  Res.  of  Aug.  3,  1916 

(39  Stat.  434). 

Authorization  extended  for  similar  relief  to  flood  sufferers  of  West 

Virginia.    J.  Res.  of  Aug.  24,  1916  (39  Stat.  534). 

Funds  contributed  in  excess  of  actual  cost  of  work  may  be  returned  to 
representatives  of  contributing  interests  on  approval  of.  See  Rivers 
and  harbors. 

Government  pier  in  Delaware  Bay  near  Lewes,  Del.,  to  be  open  to  public 
under  regulations  to  be  prescribed  by.  Act  of  July  27,  1916  (39  Stat. 
394). 

Loan  ensig.is,  flags,  etc.,  for  purpose  of  decorating  streets  during  forty- 
ninth  encampment  of  the  Grand  Army  of  the  Republic.  See  Grand  Army 
of  the  Republic. 

Loan  hospital  tents,  ambulances,  horses,  drivers,  etc.,  for  caring  for  the 
sick,  injured,  and  infirm  during  the  encampment.    See  Grand  Army  of  the 
Republic. 
64208°— 18 39 


610  MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 

Secretary  of  War — Continued. 

Niagara  River,  investigate  water  diversion  from,  etc.,  and  extension  of 

time  for  temporary  permits  for  water  diversion.     J.  Res.  of  June  30, 

1917   (40  Stat.  241). 
Permits  for  construction  of  works  in  navigable  waters  of  Porto  Rico.    See 

Porto  Rico. 
Permits  to  use  reservations  and  otlier  public  spaces  in  city  of  Washington 

during  encampment.     See  Grand  Army  of  the  Republic. 
Regulation  of  use  of  harbors,  etc.     Sec.  7,  act  of  Aug.  8, 1917  (40  Stat.  266), 

amending  sec.  4,.  Act  of  Aug.  18,  1894   (28  Stat.  162),  as  amended  ))y 

sec.  11,  act  of  June  13,  1902  (32  Stat.  374). 
Superintendence  and  control  of  the  Washington  Aqueduct,  Including  its 

rights,  appurtenances,  and  fixtures,  to  remain  under.     Act  of  Sept.  1, 

1916  (39  Stat.  713). 

Supply  tents  for  temporary  use  of  the  sufferers  from  recent  conflagration 
at  Paris,  Tex.,  etc.    Act  of  Apr.  11,  1916  (39  Stat.  50). 

Transfer  of  abandoned  military  reservation  for  use  as  home  for  care  and 
treatment  of  persons  afflicted  with  leprosy.     Sees.  1-6,  Act  of  Fob.  3, 

1917  (39  Stat.  872-3). 
Sequoia  National  Park : 

See  also  National  parks. 

Removal  of  trespassers,  etc.,  from.    See  Employment  of  military  force. 
Shiloh  National  Military  Park.    See  National  military  parlis. 
Shipping  fund,  emergency.     See  Emergency  shipping  fund. 
Signal  Office: 

Employment  of  one  radio  engineer  and  such  mdio  assistants  as  the  Secre- 
tary of  War  may  deem  necessary,  but  the  number  of  persons  so  employed, 
their  duties,  and  compensation  to  be  reported  to  Congress  with  the  annual 
estimates.    Act  of  May  10,  1916  (39  Stat.  91). 
Employment  of  skilled  draftsmen  and  such  other  services  as  the  Secretary 
of  War  may  deem  necessary,  but  the  number  of  persons  «o  employed, 
their  duties,  and  compensation  to  be  reported  to  Congress  with  the  annual 
estimates.     Id. 
Signal  Cori^s,  supply  depot  for.  on  Fort  Sam  Houston  Military  Reserva- 
tion, Tex.,  acquisition  of  additional  land  and  construction  of.     Act  of 
Aug.  29,  1916  (39  Stat.  636). 
Small  arms,  authorization  for  sale  of  rifles  and  ordnance  to  Cuba.     See  Cuba. 
Soldiers'  Home: 

Medical  Department  of  Army  authorized  to  sell  medical  and  hospital  sup- 
plies to,  at  contract  price.    Sec.  1,  Act  of  June  4,  1897   (30  Stat.  54). 
See  also  National  Home  for  Disabled  Volunteer  Soldiers, 
National  Home  for  Disabled  Volunteers- 
Inspection  of.     See  Inspector  General's  Department. 
National  Sanitarium  at  Hot  Springs,  S.  Dak.,  in  connection  with.     See 
Medical  Department. 
State  and  Territorial  homes  to  be  paid  for  care  of  disabled  soldiers  and 
sailors.     See  National  Home  for  Disabled  Volunteer  Soldiers. 
South  Carolina  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve 
with  food,   supplies  of   the   Quartermaster  and   Medical   Departments,    etc. 
J.  Res.  of  Aug.  3,  1916  (39  Stat.  434). 
South  Dakota,  North  Dakota,  and  Minnesota,  consent  of  Congress  to  improve- 
ment of  boundary  waters  by.     Sec.  5,  Act  of  Aug.  8,  1917    (40  Stat.  26G). 
Southern  Pacific  Railroad,  post  route  and  military  road.     See  Transportation. 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915.  611 

South  Pass,  Mississippi  River,  location  and  extent,  regulations  for,  etc.     See 

Corps  of  Engineers. 
Spanish-American  War,  reimbursement  of  State  of  Kentucky  few:  expenses  In 
Hiding  to  raise  rolunteers  for.     Act  of  Feb.  26,  1917  (39  Stat.,  vol.  2,  289). 
Spanish-American  War,  replacing  ordnance  and  ordnance  stores  carried  into. 

>b'ec  Militia. 
Speedway,  Potomac  Park,  D.  O.^  restrictions  on.     See  Corps  of  Engineers. 
Spies,  punishment  of,  by  courts-martial.     See  Military  tribunals. 
State  or  Territorial  homes  for  disabled  soldiers  and  sailors: 

Collections  from  inmates  for  support  of.     See  Medical  Department. 
Loss    of    appropriation    where    permit    sale   of    intoxicating    liquors.     See 
Medical  Department. 
State   and   Territorial   homes   to  be  paid   for   care   of  disabled   soldiers  and 

sailors.    See  National  Home  for  Disabled  Volunteer  Soldiers. 
Btatue  of  Liberty  on  Bedloes  Island,  New  York  Harbor,  acceptance  by  Secre- 
tary of  War  of  funds  raised  by  New  York  World  through  popular  ^ibscrip- 
tion  for  construction  of  electric  lighting  plant  for  illumination  of.     Sec  5, 
Act  of  July  27,  1916  (39  Stat.  411). 
Statutes  at  Large,  Little  &  Brown's  edition  of,  to  be  competent  as  evidence. 

See  Military  tribunals. 
Suarez,  Senor  Eduardo^  thanks  of  Congress  and  gold  medal  presented  to  for 
services  as  mediator  between  United  States  and  warring  parties  in  Mexico. 
See  Medals. 
Subsistence : 

Allowance  of,  for  Army  officers  detailed  with  Coast  and  Geodetic  Survey. 

See  Details  of  Anny  officers. 
Allowance   to   persons   traveling   on   official   business   outside   District   of 
Columbia.     See  District  of  Columbia. 
Subsistence  Department,  appointments  in,  from  volunteers.    Act  of  Mar.  2,  1901 

(31  Stat.  900). 
Supply   depots   for   the   Quartermaster   Corps,    the   Medical   Department,    the 
Corps  of  Engineers,  and  the  Signal  Corps,  on  the  Fort  Sam  Houston  Military 
Reservation,  Tex.     Acquisition  Qf  additional  land  for  and  construction  of. 
Act  of  Aug.  29,  1916  (39  Stat.  636). 
Supreme  Court  of  United  States : 

Final  judgment  or  decree  rendei*ed  by  State  court  of  last  resort  affecting 
the  validity  of  a  treaty.  Federal  statute,  etc.,  may  be  reexamined  and 
reviewed  in  on  writ  of  error.    See.  2,  Act  of  Sept.  6,  1916  (39  Stat.  726). 
no  Judgment  or  decree  rendered  by  the  Supreme  Court  of  the  Philippines, 
60  days  after  passage  of  this  Act  shall  be  i-eviewed  by,  upon  writ  of 
error   or   appeal,  but   may   require  the  case   to   be  certified  to   it   by 
certiorari  or  otherwise.     Sec.  5,  id.  727. 
Surgeon  General's  Office,  libraiy  of,  binding  and  location.     See  Medical  De- 
partment. 
Taxes,  property  owned  by  the  Daughters  of  the  American  Revolution  in  Dis- 
trict of  Columbia  exempted  from.    Act  of  Aug.  15,  1916  (39  Stat.  514). 
Telegraph    lines,    Philippine    Islands,    statutory    regulations    governing.        See 

Philippine  Islands. 
Telegraph   operators,   military,   during   Civil  War,   record   and   certificate   of 

service  to  persons  who  served  as.    Act  of  Jan.  26,  1897  (29  Stat.  497). 
Telephone   lines,    Pliilippine    Islands,    statutory    i^egulations   governing.       See 

Philippine  Islands. 
Tents  and  cots,  loan  of  to  the  United  Confederate  Veterans  for  the  encamp- 
ment to  be  held  in  Birmingham,  Ala.,  May,  1916.     J.  Res.  of  Feb.  15,  1916 
(39  Stat.  10). 


612  MILITARY   LAWS   OF    THE   UNITED    STATES,   1915. 

Tents,  hospital : 

Secretary  of  War  authorized  to  loan  ambulances,  horses,  drivers,  etc.,  and 
for  caring  for  the  sick,  injured,  and  infirm  during  the  forty-ninth  en- 
campment of  the  Grand  Army  of  the  Republic.    See  Grand  Army  of  the 
Republic. 
Secretary  of  War  authorized  to  supply  for  temporary  use  of  the  sufferers 
from  recent  conflagration  at  Paris,  Tex.,  etc.     Act  of  Apr.  11,  1916  (39 
Stat.  50). 
Tennessee  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve  with 
food,  supplies  of  the  Quartermaster  and  Medical  Departments,  etc.     J.  Res., 
of  Aug.  3,  1916  (39  Stat.  434). 
Texas  Bicentennial  and  Pan  American  Exposition  to  be  held  at  San  Antonio, 

Tex.,  about  Nov.  1,  1918.    J.  Res.  of  June  5,  1916  (39  Stat.  217). 
Tlianks  of  Congi'ess  and  gold  medal  presented  to  Senors  Domicio  da  Gama, 
Romulo  S.  Naon,  and  Eduardo   Suarez  for  services  as  mediators  between 
United  States  and  warring  parties  in  Mexico.    See  Medals. 
Timber : 

Cut  on  public  lands,  seizure  of.    See  Public  lands. 

Cutting  and  felling  on  public  lands.    See  Employment  of  military  force. 
Dead  and  fallen  and  depredations  on  Indian  Reservations.    See  Indians. 
Philippine  Islands,  cutting  or  destroying,  standing  on   reservations.     See 
Philippine  Islands. 
Time  of  war.    See  War,  time  of. 
Tolls,  Panama  Canal,  exemption  of  coastwise  vessels  repealed.     See  Panama 

Canal. 
Toll  roads  and  bridges,  Philippine  Islands,  Governor  General  to  approve  rates. 

See  Philippine  Islands. 
Tonnage  tax,  Philippine  Islands,  levied  on  foreign  vessels  entering  United  States 

from.    See  Philippine  Islands. 
Torpedoes,  mines,  etc.,  for  harbor  defenses,  injuries  to.     See  Corps  of  Engi- 
neers. 
Traders,  post,  vacancies  in  position  of  not  to  be  fille<l.    See  post  traders. 
Transportp.tion : 

Atlantic  &  Pacific  Railroad  to  be  post  route  and  military  road.     Sec  11, 

Act  of  July  27,  1866  (14  Stat.  297). 
Explosives  for  military  service.     See  Interstate  commerce. 
Heavy  freight  on  certain  reaches  of  the  Mississippi  River,  Chief  of  En- 
gineers or  board  appointed  by  Secretary  of  War,  to  experiment  with  in 
certain  type  of  tows  and  barges  at  all  stages  of  water.    Act  of  July 
27,  1916  (39  Stat.  403). 
Northern  Pacific  Railroad  to  be  post  route  and  military  road.     Sec.  11, 

Act  of  July  2,  1864  (13  Stat.  370). 
Public  property  to  or  from  fairs  or  expositions,  etc.     See  Interstate  com- 
merce. 
Quarantine  of  live  stock,  notice  to  carriers.     See  Interstate  commerce. 
Southern  Pacific  Railroad  to  be  post  route  and  military  road.     Sec.  18, 

Act  of  July  27,  1866  (14  Stat.  299). 
Union  and  Central  Pacific  Railroad  to  be  post  route  and  military  road. 

Sec.  6,  Act  of  July  11,  1862  (12  Stat.  493). 
Water,  refusal  of  clearance  to  vessels,  etc.,  destined  for  a  foreign  or  do- 
mestic port  which  refuses  to  accept,  except  for  want  of  space,  etc.,  freight 
or  cargo  tendered  in  good  condition,  etc.     Sec.  36,  Act  of  Sept.  7,  1916 
(39  Stat.  738). 


613 

Treason  against  United  States,  penalties  for.     Sees.  1,  2,  3,  4,  5,  6,  7,  and  8, 

Act  of  Mar.  4,  1909  (35  Stat.  1088). 
Trespassers : 

on  General  Grant  National  Park,  Sequoia  National  Park,  and  Yosemite 

National  Park,  removal  of.     See  Employment  of  military  force, 
on  Public  lands,  removal  of.    See  EJmployment  of  military  force. 
Treaspassing,  national  parks,  penalty  for  hunting  and  shooting  on.     See  Na- 
tional parks. 
Troops,  hereafter  women  not  allowed  to  accompany  as  laundresses.     See  Army. 
Typewriting  machines,  restrictions  as  to  price  to  be  paid  by  Government  for. 
Sec.  11,  Act  of  Aug.  1,  1914  (38  Stat.  680). 
Restrictions  as  to  prices  to  be  paid  by  Government  for.     Sec.  4,  Act  of 
May  10,  1916  (39  Stat.  120). 
Union  and  Central  Pacific  Railroad,  post  route  and  military  road.     See  Trans- 
portation. 
United  Confederate  Veterans,  loan  of  cots  and  tents  to  for  its  encampment  to 
be  held   at  Birmingham,   Ala.,   May,   1916.     J.   Res.   of   Feb.    15,   1916    (39 
Stat.  10). 
United  States,  declared  policy  of  to  settle  all  international  disputes  by  arbitra- 
tion or  mediation.    Act  of  Aug.  29,  1916  (39  Stat. '618). 
Vacancies,  membership  of  Board  of  Managers  of  National  Home  for  Disabled 
Volunteer  Soldiers  not  to  be  filled  until  such  board  is  reduced  to  five,  etc. 
See  National  Home  for  Disabled  Volunteer  Soldiers. 
Vancouver   Barracks   Military   Reservation,   Wash.,   acquisition   of  additional 
land  for,  and  construction  of  suitable  target  ranges  on.    Act  of  Aug.  29,  1916 
(39  Stat.  638). 
Vessels  or  other  vehicles  which  decline  to  accept  freight  or  cargo  destined  for  a 
foreign  or  domestic  port,  except  for  want  of  space,  when  tendered  in  good 
condition,  etc.,  refusal  of  clearance  for.     Sec.  36,  Act  of  Sept.  7,  1916   (39 
Stat.  738). 
Vicksburg  (Miss.)  National  Memorial  Celebration  and  Peace  Jubilee,  appropria- 
tion for  holding  during  year  1917,  provisions  relative  to  expenditure  of,  etc. 
Act  of  Sept.  8,  1916  (39  Stat.  812). 
Vicksburg  National  Military  Park.    See  National  military  parks. 
Volunteers. 

Appointment  from,  in  staff  depar^uents.     Act  of  Mar.  2,  1901    (31  Stat. 

900). 
Army  officers  accountable  for  public  property  to  secure  certificates  of  non- 
indebtedness  before  discharge.     See  Public  property. 
Reimbursement  of  State  of  Kentucky  for  expenses  in  aiding  to  raise,  Span- 
ish-American War.     Act  of  Feb.  26,  1917  (39  Stat.  vol.  2,  289). 
Volunteer  homes,  disabled  volunteer  soldiers: 

Inspection  of.    See  Inspector  General's  Department. 

National   Sanitarium  at  Hot  Springs,   S.  Dak.,  in  connection  with.     See 
Medical  Department. 
War  Department,  sale  by  city  and  county  of  San  Francisco  of  water  supply 
required  for  military  reservations  in  or  near  the  city  of  San  Francisco,  sup- 
plied from  reservoirs  in  Hetch  Hetchy  Valley,  Yosemite  National  Park,  on 
certain  conditions.    Par.  (u),  sec.  9,  Act  of  Dec.  19,  1913  (38  Stat.  250). 
War  Department,  transfer,  by  Navy  Department  to,  of  Fords  (Mokuumeume) 
Island  Naval  Reservation  island  of  Oahu,  Territory  of  Hawaii,  for  use  for 
military  purposes.    Act  of  Aug.  29,  1916  (39  Stat.  568). 


614  MILITARY   LAWS  OF   THE   UNITED   STATES,   1915. 

War : 

European,  relief,  protection,  and  transportation  of  American  citizens  in 

Europe,  made  necessary  by.     See  Europe. 
Preference  to  military  traffic  in  time  of.     Sec.  2,  Act  of  June  29,  19<X)  (33 
Stat.  586). 
War  revenue  act.  Sees.  1-1302,  Act  of  Oct.  3,  1917  (40  Stat.  300-338). 
War,    time    of,    manufacture,    distribution,    storage,    use    and    i)ossessiou    of 

explosives  in.     Sees.  1-22,  Act  of  Oct.  6,  1917  (40  Stat.  386-89). 
Washington  Aqueduct,  custody  of,  regulations  for,  etc.    See  Ct/rps  of  Engineers. 
Wasliington  Monument,  care  and  maintenance  of,  etc.    See  Corps  of  Engineers. 
Advertisement  or  sale  of  articles  ia  or  around,  prohibited  except  on  written 
authority  of  Secretary  of  War.     Acts  of  Feb.  9  and  Mar.  4,  1909    (35 
Stat.  615  and  997). 
AVashington  Memorial  Building.    See  Commission  of  Fine  Arts. 
Water  power,  Muskingum  River,  Ohio,   relief  for  lessees  of,  whose  property 
was  destroyed  by  Ohio  Valley  Hood  of  Mardi,  1913.    See  Corps  of  Engineers. 
Water  supply,  sale  of,,  to  War  Department  by  city  and  county  of  San  Francisco 
from  reservoirs  of  Hetch  Hetchy  Valley,  Yosemite  National  Park,  required 
for  military  reservations  in  or  near  the  city  of  San  Francisco  on  certain  con- 
ditions, etc.    Par.  (u)  sec.  9,  Act  of  Dec.  19,  1913  (38  Stat.  250). 
Water»  Washington  Aqueduct,  use  of  water  in,  etc.    See  Corps  of  Engineers. 
Waterways  Commission : 

Appropriation  for  expenses  of.     Sec.   18,  Act  of  Aug,  8,  1917    (40  Stat. 

269). 
Authority  for  expenditures.     Id. 
Compensation  of  commission.     Id. 
Composition  of.    Id. 
Consideration   of  rights,   etc.,   of   United    States,    States,   etc^   respecting 

proposed  projects.    Id. 
Engineers,  technical  experts,  etc.,  to  be  employed.    Id. 
International,  Secretary  of  War  authorized  to  pay  expenses  of.     Sec.  4, 

Act  of  June  13,  1902  (32  Stat,  373). 
Report  of  plans  to  Congress.    Sec.  18,  Act  of  Aug,  8,  1917  (40  Stat.  269). 
River  and  harbor  projects  not  interfered  with,  etc.    Id.,  270. 
Subjects  for  study,  etc.,  designated.     Id.,  269. 
West  Indian  Islands,  temporary  government  for.     Sees.  1-8,  Act  of  Mar.  3, 

1917  (39  Stat.  1132). 
West  Virginia  flood  sufferers  of  1916,  Secretary  of  War  authorized  to  relieve 
with  food,   supplies   of   the   Quartermaster   and   Medical   Departments,   etc. 
J.  Res.  of  Aug.  24,  1916,  supplementing  J.  Res.  of  Aug.  3,  1916   (39  Stat. 
534). 
White  House,  furniture  for  and  inventory  of  property  in.    See  Corps  of  Engi- 
neers. 
White  man  marrying  Indian  woman  not  to  acquire  tribal  rights.    See  Indians. 
Widows  of  colored  and  Indian  soldiers.    See  Pensions. 

Winfield  Scott  Fort  Military  Reservation,  Cal.,  construction  of  road  through 
the  Presidio  of  San  Francisco  to  connect  tlie  road  of  with  the  city  and  county 
road  leading  to  Fort  Miley.    Act  of  Aug.  29,  1916  (39  Stat.  637). 
Witnesses : 

Civilian,  Philippine  Islands,  fees  to.     See  Philippine  Islands. 
Courts-martial,  attendance  of,  refusal  to  testify.    See  Military  tribunals. 
Wisconsin,  Secretary  of  War  to  convey  all  title  and  interest  of  United  States 
to  "  Portage  Levee  "  to  the  city  of  Portage  or  State  of.    Act  of  July  27,  1916 
(39  Stat.  401). 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915.  615 

Women,  hereafter  not  allowed  to  accompany  troops  as  laundresses.    See  Army. 
Women  of  the  Civil  War,  memorial  monument  to  commemorate.    Contributions 
by  the  Government  for  site  and  building;  commission  to  approve  site  and 
plans  and  to  supervise  expenditures ;  Commission  of  Fine  Arts  also  to  approve 
plans ;  memorial  to  be  permanent  headquarters  of  American  Red  Cross ;  and 
American  Red  Cross  to  be  charged  with  and  responsible  for  care,  keeping, 
and  maintenance  of  memorial  and  grounds,  but  title  to  site  and  building  to  bo 
in  the  United  States.    Act  of  Oct.  22,  1913  (38  Stat.  233). 
Women's  Titanic  Memorial  Association,  erection  in  public  grounds,  District  of 
Columbia,  of  a  memorial  to  the  heroes  of  the  Titanic.    Sec.  7,  Act  of  Mar.  3, 
1917  (39  Stat.  1046). 
Wrecks,  obstructions  to  navigation,  removal  of.    See  Corps  of  Engineers.    • 
Yellowstone  National  Park.     See  National  Parks. 
Yosemite  National  Park.     See  National  Parks. 

Removal  of  trespassers,  etc.,  from.  See  Employment  of  military  force. 
Sale  to  War  Department  by  city  and  county  of  San  Francisco  of  water  sup- 
ply required  for  military  reservations  in  or  near  the  city  of  San  Fran- 
cisco on  certain  conditions,  etc.,  being  waters  from  reservoirs  of  Hetch 
Hetchy  VaUey  within.  Par.  (u),  sec.  9,  Act  of  Dec.  19,  1913  (38  Stat. 
250), 


INDEX. 


[References  are  to  paragraphs  unless  pages  are  indicated.     Articles  of  War  are  Indicated 
by  their  numbers,  the  letters  A.  W.  following  tte  number  of  the  article.] 


ABANDONED  PROPERTY : 

During    insurrections.     See   Insurrection. 
ABSENCE : 

for  absence  of  a  particular  official,  see 
the  official. 

Employees  of  executive  departments. 
See  Executive  departments. 

Enlisted  men.  See  Enlisted  men;  Ab- 
sence. 

Leaves  of.    See  Leaves  of  absence. 

Officers.     See  Officers,  Army;  Absence. 
ACADEMIC   BOARD: 

Military    Academy.      See   Military   Acad- 
emy. 
ACADEMIC  STAFF: 

Military    Academy,      See   Military   Acad- 
emy. 
ACCIDENTS  : 

Aviators,  payment  to  beneficiary,  889n. 

Injuries.  See  Injuries  to  Government 
employees. 

Laborers,  etc.     See  Laborers. 
ACCOUNTANTS : 

See  also  Trading  ioith  enemy;  Alien- 
property  custodian. 

Auditing  accounts  abroad,  number  and 
compensation,  205h. 

Restriction  upon  payments  to,  81a. 
ACCOUNTING  OF  ARMY  SUPPLIES  : 

Regulations  for,  1259a. 
ACCOUNTING  OFFICERS.     See  also  Pub- 
lic money  1^. 

Audit  particular  account,  201. 

Bonds  of,  sureties  on,  when  released,  398. 

Court  of  Claims  decree  binding  on,  280. 

Decisions  of,  revised,  209. 

Disbursing  officers'  books,  124. 

Discharge  certificate  returned  by,  214. 

Fraudulent  claims,  287. 

Method  of  auditing  accounts  and  claims, 
investigation  of,  40e. 

Property  lost  in  military  service,  217. 

Rejected  nominations  reported  to,  11. 

Report  of  claims  allowed,  216. 

Setoff ;  enforcing,  239. 

Stoppages  ;  empowered  to  remove,  641. 

Volunteers,  claims  of,  218. 

Warrants,  237. 
ACCOUNTING  OF  PUBLIC  MONEY  : 

For  accounts  of  a  particular  office  or 
officer,  see  the  specific  title.  See  also 
Public  moneys. 

Auditors.     See  Auditors. 

Claims.     See  Claims. 

Comptroller  of  the  Treasury.  See  Comp- 
troller of  the  Treasury. 


ACCOUNTING  OF  PUBLIC  MONEY— Con. 
Deficiencies — 

Notice  to  surety  on  bond,  397. 
Examination  op  Accounts — 

Administrative,  regulations  for,  197. 
Administrative,     under     Dockery     Act, 

198. 
in  District  of  Columbia,  212. 
of  Officers  in  District  of  Columbia,  212. 
Reexamination  of  settled  accounts,  211. 
Fiscal  year,  195. 
Form  of  Accounts — 
Entry  for  each  item,  409. 
False  entry  by  officer,  etc.,  penalty,  171. 
of    Unexpended    balances,    reappropri- 
ated,  191a. 
Preservation  of  Accounts — 

Auditor's  accounts  to  be  preserved,  210. 
Regulations  by  Secretary  of  Treasury, 
208. 
Rendering  of  Accounts — 

Deficiencies,  immediate  report,  397. 
Delinquent,  annual  report  of,  199. 
Failure  to  render,  penalty,  421. 
Fiscal  year  observed  in  publishing,  195. 
Form  prescribed  by  Comptroller,  200. 
Time  regulated,  penalty  for  delay,  196. 
Revision  of  Accounts — 
Limitation  of  one  year,  207. 
Payment  accepted,  precludes   right  to, 

208. 
Suspended  accounts,  revision  after  set- 
tlement, 208. 
Settlement  op  Accounts — 

Between  bureaus,  775g,  808,  901b. 
Between    Military    Academy    and    bu- 
reaus, 1179a. 
Comptroller's  construction  of  statutes, 

209. 
Comptroller's  decision  to  govern,  202. 
Comptroller   may    at   any    time   order, 

201. 
Conclusive  on  acceptance  of  payments, 

208. 
Contracts  relating  to,  deposit  of,  1216. 
Deficiencies,  immediate  report  of,  397. 
Disallowed,  not  reopened,  211. 
of  Line  officers,  213. 
Place  of  settlement,  215. 
Procedure  to  secure,  294. 
Suit  to  recover  balance  due,  203. 
Suspension   by   Secretary  of  Treasury, 

207. 
Warrants,   237. 

617 


618 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


ACCOUNTS.     See  also  Accounting  of  pw6- 

lic    money;    Accounting    officers;    Ac- 
counting of  public  money. 
Clothing,  oaths  to,  153. 
Company  commander's,  1260. 
of  Deceased  officers  and  men,  1059,  1060. 
of    Disbursing    officers.      See    Disbursing 

officers. 
Military  Establishment — 

Agents,  aecountaats,,  etc.,  number  and 
compensation,  205h. 

Appropriation  for  expenses  of  auditing 
ai)road,  205p. 

Assistant  auditor,  compensation,  205g. 

Assistant  auditor,  powers,  2^51 

AssiT&tant  co^mptroller,  compensation, 
20o€. 

Assistant  comptroller,  powers,  205i. 

Audit  of,  at  place  other  than  seat  of 
Government,  205a. 

Authority  to  administer  oatks  to 
American  citizens,  205s. 

Balances,  certification  and  conclusive- 
ness of,  205c. 

Balances,  payment  hy  disbursing  offi- 
cers abroad,  2Q5cL 

CtvTl  service,  application  to  employees 
residing  in  foreign  countries,  205j. 

Compensation  of  oflScers,  etc.,  abroad, 
limit  as  to,  205t. 

Date  of  termination  of  war  with  Ger- 
many as  to  auditing  abroad,  205w. 

Details  of  employees  for  duty  outside 
District  of  Columbia,  203o, 

Eniployees  auditing  abroad;,  additional 
duties,  205r. 

Examination  of  boobs,  etc.,  by  repre- 
sentatives of  auditor  and  comp- 
troller, 205k. 

Filing  contracts  settled  abroad,  2.05m. 

Manner  of  performing  duties  as  to, 
205b. 

Oaths  of  office  of  employees  reeAding  in 
foreign  countries,  205j. 

Performance  of  duties  in  foreign  coun- 
tries, 205c. 

Preservation  of  vouchers  and  files, 
205f. 

Reopening,  etc.,  settlement  within  one 
year  after  close  of  war,  205a 

Restoration  of  employees  to  former  po- 
sitions, 205n. 

Sale  of  army  stores  to  employees 
abroad,  205t. 

Settled  abroad,  administrative  exam- 
ination of,  2051. 

Special  disbursing  agents  of  appropria- 
tion for,  205q. 

Subsistence  of  employees  residing  in 
foreign  countries,  205j. 

Termination  of  auditing  ahroad  after 
close  of  war,  205n. 

Traveling  expenses  of  employees  in  for- 
eign countries,  205j. 
of  Panama  Canal,  examination,  200a. 
Report  of,  183,  183a. 
of  Soldiers'  Home.     See  Soldiers'  'Borne. 


ACCOUNTS— Continued. 

for  Supplies  or  services,  1189. 

Travel,  oaths,  to,  65. 
ACCRUED  RIGHTS :  * 

Revision  of  statutes  not  to  affect,  315.  Jl 

ACKNOWLEDGMENTS.     See  also  Oailis.  ' 

Before  whom  may  be  taken,  63. 

Officers  in  foreign  places,  general  author- 
ity of  notaries  public,  114th  A.  W. 
ACTING    COMMISSARIES.      See    Commis- 
saries. 
ACTING  COOKS: 

Hospital  Corps.     See  BospUotl  Corps. 
ACTING   DENTAL   SURGEONS.      See  also 
Dental  ISurgeona. 

Appointment,   pay,   etc.,   750;. 

Commutation  of  quarters,  668a,  668b. 

Longevity  pay,  751. 
ACTING     HO&PiTAL     STEWARDS.       See 

Hospital  stewards. 
ACTING  INSPECTORS  GENERAL: 

Detail  of,  45»b. 
ACTING  JUDGE  ADVOCATES.     See  Judge 

advocates. 
ACTING  QUARTERMASTERS  : 

Staff    duty,    retired    officers    assigned    to 
active  duty  as,  975±). 
ACTIVE  DUTY  : 

of  Medical  reserve  officers.     See  Medical 
Reserve  Corps. 

of     Retired     offl.cers.       See     Retirement, 
Army. 

Retired   enlisted  men.      See  Retirement; 
Army;  Enlisted  men. 
ACTIVE  LIST: 

Transfer  to.     See  Retirement,  Army. 

ACTORS : 

Uniform,  authorized  to  wear,  1010b. 

ACTUARIES  : 

See     Bureau     of     War-Risk     Insurance; 
Military  and  Naval  Insurance. 
ADDING  MACHINES  : 

Exchange     by     departments     authoriaed, 

75a, 
Exchange  by  Signal  Coi-ps,  8S3a. 
ADDITIONAL    OFFICERS.       See     Offieers, 

Army. 
ADDITIONAL    PATMASTERS.       See    Paij- 

masters.  Army. 
ADJUTANT : 

Horses  allowed,  554. 
ADJUTANT    GENERAL.      See    also    Adju- 
tant General's  Department. 
Authorization,  431,  431a. 
Control   of   disciplinary    barracks    vested 

in,  477a. 
Rank,   pay,   and   allowances,   373a,  431a. 
Roster   of    citizens    qualified   as    officers, 
157;;. 
ADJUTANT     GENERAL,     MILITIA.       Sec 
also  Militia  and  National  Guard. 
of  District  of  Columbia,  959    1335b,  1373, 

1374. 
of    States    and    Teritories.    1335.    13S5a, 
1335b. 


MILITARY  LAWS   OF   THE   UNITED   STATES,   1915. 


#1$ 


ADJUTANT  GENERAL'S  DEPARTMENT. 
See  also  Milita/ry  Becretary'a  Depart- 
ment. 

Adjutant    General.      See    Adjutant    Gen- 
eral. 

Appropriations,    435. 

Assistant  Adjutants  General,  437. 

Certificates  ®f  service  issued,  458. 

Composition,  4S1,  431a, 

Con.sollflatlon,  4.34. 

Creation,  436. 

Details  to,  936. 

Organization,  431. 

Part  of  Regular  Army,  331a. 

Promotions,    431, 

Record   and  Pension  Office,      See  Record 
and  Pension  Office. 

Vacaaeles  filled   by   details,   5)36. 

Vacancies  filled  by  promotion,  431. 
ADJUTANT,    MILITARY   ACADEMY.      See 

Militari/  Academy. 
ADMINISTR.\TIVE      EXAMINATION     OP 

ACCOUNTS.      See    Accounting    oj   pimiG 

money. 
ADMINISTRATORS  : 

Failure    to   recognize    priority    of   United 
States,   222. 
ADMIRALS^    NAVY: 

Relative  rank  with  officers  of  Army,  352, 

352a. 

ADMIRALTY    JURISDICTION  OF  UNITED 
STATES : 
Offenses  committed  within,  1316a. 
ADVANCES  OF  PAY.     See  Pay  of  Army. 
ADVANCES    OP    PUBLIC    MONEY.       See 

Public  moneys. 
ADVERTISING: 

For  a  purticxilar  article  or  in  a  particu- 
lar office,  see  the  specific  title. 
Army  supplies.     See  Supplies,  Army. 
by   Executfve    departments,      S«e   Execu- 
•  tive  departments. 

Hospital  stewards,  quarters,  550,  762. 
Printing,     Quartermaster's     Department, 

1236,  1236a,  1236b. 
Purchase   of   arms   not  exceeding  ^0,000, 

waived,    1610. 
Purchase  of  Field  Artillery  ammunition, 

limitation,   1011. 
Purchase  of  motor  ambulances  without, 

1198a. 
Purchases  for  Soldiers'  Home,  1512. 
Purchase  of  tools,  gauges,  etc.,  without, 

1608. 
for  Quartermaster's  supplies,  1205,  1236, 

1236a,   1236b. 
for  Transportation  of  Army,  528. 
ADVISORY  BOARD: 

Military  and  naval  insurance.     See  Mili- 
tary and  Naval  Insurance. 
ADVISORY      COMMITTEE      FOR      ARRO- 
NAUTICS.      See    Aeronautics,    Advisory 
Committee   for. 
AERIAL  MACHINES: 

See  Signal  Corps,  Aviation  Section. 


AERONAUTICS,  ADVISORY  COMMITTEE 
FOR: 

See   also   Aircraft   Board;  Aviation   d'ec- 

tion.  Signal  Corp«. 
Annual   report,   889aa. 
Apnre-priation     for     experimental     wark, 

S89z^   889ii. 
Compensation  for  aaembers,  889w. 
Compo^tion,  889t. 
Consolidation    of    balance    of    apropria- 

tion.s,    889ii. 
Duties,  889x. 
Rules   of   Conduct,   SSfiy. 
AEROPLANES  : 

Exchange     in     part     payment     for     isew, 

1261b,   12&1C. 
AERO   SQUADRONS: 

Signal    Corps,    890b,    890i. 
AFFIDAVIT.     See  also  Oaths. 

to  Accompany  copy  of  contract,   1212. 
Officers  in  foreign  places  where  Army  is 

serving,    114    A,    W. 
Persons    in    armed    forces    to    homestead 

entry,  etc.,  before  whom  made,   1272i. 
Volunteer    officers    on    discharge    as    to 

public  property,   1383h,   13831. 
AGE  LIMIT: 

of  Chaplains.     See  Chaplains. 

of  Citizens  subject  to  military  duty,  327, 

1322a. 
Draft  in  National  Army,   1638,  1656. 
Draft  in  Signal  Coi-ps,   890e. 
AGENTS : 

Auditing    accounts    abroad,    number    and 

compensation,  205h. 
of  Corporations  and  United  States,  1250, 

1684. 
Disbursements  by  officers  as,  for  officers 

of  Ordnance  Department,  832a. 
Disbursements  by  officers  as,   for  officers 

of  Quartermaster  Corps    499a. 
Employment,   restrictions,  *27. 
Exchange  of  funds  by,  401. 
Fictitious  entries  by,  penalty,  171. 
Food   and    fuel   conservation.      See   Food 

and  Fuel  Conservation. 
Foreign  governments,   acting  as  wtthoat 

notice  to  Secretary  of  State,   1^72. 
Indian.     See  Indian  agents. 
Special ;  bond,  24a 
of   Surety  companies,   390. 
AIDS: 

to  General  officers,  351. 
to  General  staff  officers,  369. 
AIRCRAFT : 

See  also  Signai  Corps,  Aviation  Section; 

Airplane;  Airships. 
Basic  patents  for  monufacture  or  devel- 
opment of,  889flf-S99h-h. 
AIRCRABT^  BOARD: 

See  also  Aeronautics,  Advisory  Commit' 

tee   for;   Signal   Corps,   Aviation   Sec- 
tion. 
Administrative      expenses,      funds      for, 

889ggg. 
Annual    report    to    Congress    of    salaries 

of  clerks,  etc.,  8891II. 


620 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


AIRCRAFT    BOARD— Continued. 

Appointment   of    chairman,    etc.,    889bbb. 

Civilian  members,  889bbb. 

Clerks,  technical  experts,  etc.,  for  pay, 
889fff. 

Compensation  of  civilian  members, 
889CCC. 

Composition,   889bbb. 

Duplication  of  existing  office  or  organi- 
zation, 889hhh. 

Duties,   889dd<],   889eee. 

Equipment  and  supplies  for,  889ggg. 

Pay  of  technical  experts,  advisers,  etc., 
889fff. 

Purpose  for  which  created,  889aaa. 

Recommendations  as  to  contracts,  889eee. 

Rent  of  offices,  889ggg. 

Tenure  of  board  and  office  of  its  mem- 
bers, 889CCC. 
AIRPLANE.      See  also  Aircraft;  Airships. 

War   materials,    sale   of   to   foreign   Gov- 
ernments, etc.,   1255a,   1255b. 
AIRSniPS.     See  also  Aircraji  ;  Airplane. 

Appropriation  for  purchase,   889bb. 

Purchase,  manufacture,  etc.,  of,  889pp. 

Report    as    to    land    and    buildings    re- 
quired for,  as  to  coast  defense,  1274d. 
ALASKA : 

Assignment  of  pay  accounts  of  officers  in, 
740. 

Cable  lines  in,  foreign  owned,  897. 

Discrimination  against  uniform,   1010. 

Estimates  for  extension  of  cable  lines  In, 
899. 

Military  telegraph  lines  in,  897,  899. 

National   Guard,   1321a. 

Posse  comitatus,  use  of  Army  as,   1477. 

Road  commissioners  in,  commutation, 
609. 

Service  in,  counting  toward  retirement, 
1041. 

Service  in,  entitles  to  benefits  of  Na- 
tional Home  for  Disabled  Volunteer 
Soldiers,    1502b. 

Traveling  expenses,  officers  in,  681. 
ALCOHOLIC    DRINKS.     See    also    Intoxi- 
cating liquors. 

Study  of,  in  Military  Academy,  1101. 
ALCOHOLIC   LIQUORS: 

See  Intoxicating  liquors. 
ALIEN  LABOR: 

in  Canal  Zone,  1225,  1226. 
ALIEN    PROPERTY    CUSTODIAN: 

See    Trading    with    enemy.    Alien    Prop- 
erty   Custodian. 
ALIENS: 

See  Enemies,  alien. 

Enlistment  in  Army,  1029. 

Naturalization  of.     See  Naturalization. 
ALLOTMENTS  : 

Contingent    funds,    188. 
ALLOTMENTS    OF    PAY: 

See  also  Family  allowances;  Pay  of 
enlisted  'men;  Pay  of  officers. 

Age  limit  of  child  or  grandchild,  excep- 
tion,  1483v. 


ALLOTMENTS  OF  PAY— Continued. 
Brother  defined  as  to,  1483x. 
Child  defined  as  to,  1483t. 
Coast    Guard,    when    required    to    make, 

1483ee. 
Commissioned     officer,      defined     as     to, 

1483y. 
Enlisted  man  defined  as  to,  1483z. 
Enlistment  defined  as  to,  1483aa. 
Grandchild   defined  as  to,    1483u. 
Injury  defined  to  include  disease  as  to, 

1483cc. 
Involuntary — 

Amount  of  allowance  and,   not  to  ex- 
ceed   amount   of   support,    712u. 
Amount  of  compulsory,  712d. 
Amount    of    monthly    dependent    upon 

then  existing  conditions,  712z. 
Amount   to   divorced   wife   in   addition 

to  other,  712f. 
Amount  to  illegitimate  child,  712c. 
Applicable  to  enlisted  men  of  military 

forces,  712b. 
Apportionment  of  allowances  and,   be- 
tween Classes  A  &  B,  712v. 
Compulsory  and  voluntary,  712c. 
Compulsory  prerequisite  to  payments  of 
family   allowance   to   class   A,   712n. 
Conditions  prerequisite  to  payments  of 
family  allowances  to  class  B,  712r, 
712s. 
Ivxomption   for   cause   from   additional 
as    to    family    allowances,    class    B, 
7128. 
Investigations    as    to    allowances    and, 

712X-712Z. 
Payment   of,   to   Treasury   Department 
for  distribution,   712w. 
Man  defined  as  to,  1483z. 
Marriage,    presumption   of   in   connection 

with,  1483s. 
Military   or   naval   forces   defined   as    to, 

1483ee. 
Minors,  payments  to,  1483ff. 
National     Naval     Volunteers,     when     re- 
quired to  make,  1483ee. 
Naval  Reserves,  when  required  to  make, 

1483ee. 
Officers.       See    this    title    Commissioned 

officer;  Warrant  officer. 
Parent  defined  as  to,   1483w. 
Pay  defined  as  to,  1483dd. 
Sister  defined  as  to,  1483x. 
Voluntary — 

Amounts  and  regulations  for,  71 2g. 
Civilian    employees    on    duty    abroad, 

711a,   712a. 
Enlisted  men,  711,  711a,  712,  712a. 
Officers,  711a,  712a. 
Warrant  officer  defined  as  to,  14S.3y. 
ALLOW\\NCES,    FAMILY  : 

See  Family  allowances. 
ALLOWANCE  TO   OFFICERS; 

See  Pay   of  Army. 
ALLY  OF  ENEMY: 

See  Trading  with  enemy. 


MILITARY   LAWS   OF    THE'  UNITED   STATES,   1915. 


621 


ALTMAN,  CLYDE  R. : 

Late  cadet,   appointment  and  retirement 
as  second  lieutenant,  1162g. 
AMBULANCE    COMPANIES  : 
See  also  Hospital  Corps. 
Organization,  768. 
AMERICAN  ARTICLES: 
See  American  material. 
AMERICAN    CITIZENS: 
See  also  Citizens. 

Anthiority   to  administer  oaths   to,   205s. 
Expatriated     by     enlistment     in     foreign 
armies,    repatriation    of,    1468c-14681i. 
AMimiCAN   CONSULAR   OFFICERS: 

See  Trading  with  enemy.  Vessels. 
AMERICAN   COUNTRIES  : 

Sale  of  arms  and  munitions   of  war  to, 
1475. 
AMERICAN    DESIGNERS: 
Sale  of  ordnance  to,  846. 
AMERICAN     EXPERIENCE     TABLE     OF 
MORTALITY  : 
Military    and    naval    insurance,    calcula- 
tions based  upon,  1483mmmtn. 
Military   and   naval    insurance,    premium 
rates  based  upon,  1483rrrr. 
AMERICAN    MATERIAL: 

Preference  to  be  given  in  contracts,  1205, 
1234,   1234a. 
AMERICAN  NATIONAL  RED  CROSS: 
Annual  reports,  104a,  104b. 
Auditing  annual  reports,   104a,   104b. 
Detail   of   Medical   officers   with,    728b. 
Loan    of    sanitary    equipment    to,    775b, 

775c,    775d. 
Sale  of  mgdical  supplies  to,  775a. 
Sale  of  ordnance  to,  844. 
Storage  of  supplies,  on  military  reserva- 
tions,   1279b. 
Temporary    buildings   in   public   grounds, 
D,  C,   1279c,  1279d. 
AMERICAN    SOCIETY    OF    CIVIL    ENGI- 
NEERS : 
Reports    of    tests    of    iron    and    steel    to, 
869. 
AMMUNITION.     See  also  Ordnance. 
Appropriations  for,  831. 
Contracts,    8-hour    law    to    be    observed, 

1231. 
Exchange  of,  with  militia.     See  Militia. 
Field  Artillery  reserve  tools,  gauges,  etc., 

for  manufacture,  1611. 
Issue  to  colleges  and   State  institutions, 

955,  955b. 
Issue   to   executive   departments,   847. 
Issue   to  militia.      See  Militia;  National 

Guard. 
Issue  of,   to  schools,  955a. 
Obtaining  from   soldier,  penalty,  220. 
Purchase  or  manufacture  for  target  prac- 
tice, 831a. 
Sale  of,  to  rifle  clubs,  1368. 
Tools,  gauges,  etc.,  for  manufacture,  pur- 
chase, 1609. 
AMMUNITION   BATTALIONS: 
National  Army — 

Draft,  organize  and  equip,  1036, 


AMMUNITION  BATl^ERIES : 
National  Army — 

Draft,  organize  and  equip,  1630. 
AMMUNITION  TRAINS: 

Composition,  356a. 
AMOUNT  APPROPRIATED: 

How  to  determine,  411. 
ANACOSTIA   FLATS: 

Use  of,-  by  Government  Hospital  for  In- 
sane, 1524a. 
ANCIENT  PRIVILEGES: 

See    this    title    under    National    Guard; 
Reserve  Officers'  Training  Corps. 
ANNUAL  LEAVE.     See  also  Leaves  of  o5- 
sence. 
of    Employees    of    arsenals,    857,    857d— 

857h. 
of   Employees   of   executive   departments, 

50,  51. 
Holidays  not  to  be  counted  in  computing, 
52. 
ANNUAL  REPORTS.     See  under  Executive 

departments ;  Reports,  annual. 
ANTIETAM  BATTLEFIELD  : 

Superintendent  of,   1299. 
ANTITOXINS,    BOARD   ON: 

Surgeon  General  member  of,  780. 
APPEAL : 

to   Supreme   Court.    'See  Supreme  Court 
of  the  United  States. 
APPOINTMENTS  : 

To  a  particular  office,  or  in  a  particular 
branch  of  the  service,  see  the  specifio 
title. 
of  Chaplains.     See  Chaplains. 
in  Civil   service.     See   Civil  Service. 
of  Officers.     See  Officers,  Army. 
Presidential ;  notice  to  Treasury,  10. 
Recess,  power  to  make,  8. 
Recess,  salary  of  appointees,   168. 
of     Second     lieutenants.       See     Officers, 

Army. 
in   Staff  departments.     See  Staff  depart- 
ments. 
Temporary,  restrictions  on,  16,  17. 
AI'PROPRIATIONS  : 

for  a  particular  office  or  service,  see  the 
specific  title.     See  also  Public  moneys. 
Amount  of,  how  determined,  411. 
Applied  solely  to  objects  for  which  made, 

187. 
Aviation     Section,     etc..     Signal     Corps, 

889zz. 
Balances   to  be  applied  only   to  year  of, 

193. 
Certain,  available  for  obligation  incurred 

prior  to  passage  of  act,  44f. 
Certain,    available    for    years    1917    and 

1918,  44e. 
Contingent  funds.     See  Contingent  funds. 
Contracts,  relation  to.     See  Contracts. 
Disbursement.     See  Disbursement  of  pub- 
lic money. 
Disposition  of  balances  after  two  years, 

191,   192. 
Estimates  for.     See  Estimates. 


622 


MILITARY  lAWS  OF   THE   UNITED  STATES,   1915. 


APPROPRIATIONS — Continued. 

Exhnusted,    examination    and    report    on 
claims  under,  215b,  215c. 

Expenses    of    auditing    accounts    abroad, 
20op. 

Family   allowances,    military   and   naval, 
712aa. 

Fiscal  year  In,  195. 

Land-site  funds  available  for  other  avia- 
tion purposes,  1274f. 

Lapsed,     examination     and     report     on 
claims  uxLder,  215b,   215c. 

Lump    sum.      See   Lump-sum   appropria- 
tions. 

Mileage   to   officers   in   Aviation  Section, 
688a. 

Mileage   to  officers  in  Ordnance   Depart- 
ment^ 688b- 

Military       and       naval       compensation, 
1483aaaa. 

Military  and  naval  insurance,  1483yyyy, 
1483ZZZZ. 

Must  be  specLflcaUy  made,  187a. 

Payment  of  additional  salaries  from  cer- 
tain, prohibited,   35a. 

Permanent,  how  determined,  194. 

Printing    and    binding    pibUeatloi^s    for 
land  forces,   112c. 

Reappropriation  of  unexpended  balances, 
llfla. 

Ships,   reimbursement  for   cost   of  those 
turned  over  to  Army,  534g. 

Si^ecial  disbursing  agents  of,   205q. 

Treasury  drawn  upon  cnly  In  accordance 
with,  186. 

Unexpended  balances,  use  as  new,  191a. 

War  Risk  Bureau,  1483ii. 
ARCHAEOLOGY : 

of  Ruins  upon  national  lands,  1286, 1287. 
ARMAMENT.      See  also    Ordnance. 

Inventions  important  to,   1616. 

Sale    of    personal,    for    sentimental    rea- 
sons, 845. 
ARMED  FORCES : 

Affidavits  of  persons  in,  as  to  home- 
stead entry,  etc.^  before  whom  made, 
12721. 
ARMORED  MOTOR-CAR  MACHINE-GUN 
COMPANY.  See  Maehdne-gun^  com- 
pany. 
ARMORIES  AND  ARSENALS,  See  also 
Ordnance  Department. 

Abolishment  of  useless,  856. 

Ammunition.     See  Ammunition. 

Annual  account  of  expenses,  855. 

Annual   leave   of   employees,    857,    857d- 
857h, 

Appropriations,   861,  862. 

Arms.      See  Arms. 

Arson    of,    penalty,    1316. 

Cannon.     See  Garnion. 

Compensation  of  employees  of,  854. 

Composition  of  employees  of,  853. 

Destruction  of  tools  by  employees    858. 

EMPLOYEiSS — 

Civilian,  serving  abroad,  accrued  leaves 
of  absence  for,  8581. 


ARMORIES   AND  ARSENALS — Continued. 
Employees — Continued. 

Discretion  as  to  time  when  leave  can 

be  allowed,   857f. 
Enticing  away  from,  penalty,  859. 
Examination  of  title  to  sites  for,  258. 
Exempt  from  jury  duty,   860. 
Expenditures    upon    patentable    inven- 
tions, 865. 
Expenses    apportioned    among    years, 

861. 
Holidays  not  affected  by  annual  leave, 

857h. 
Laborers  injured  in  employment.     See 

Laborers. 
Leaves  of  absence  to,  837,  857d-857h. 
Obtaining,     communicating,     etc.,    un- 
lawful information  concerning,  pen- 
alty.  1317i-13173. 
Pro  rata  leave  to,  857e. 
Repeal  of  provisions  for  monthly  pay, 

S54b. 
Returns  of  ordnance  at,  834. 
Reward  to  employees  for  suggestions, 

864. 
Sick    leavfl    not    affected    by    annual 

leave,   857h. 
Total  annual  leave  with  pay,  857g. 
Time-measuring  devices   not  to   be  used, 

864a,    864b. 
Useless,  to  be  abolished,  856. 
ARMS. 

See  also  MmUtion^  Plants;  Ordnance, 
Accountability.     See  Articles  of  War. 
Ammunition.      See  Am7n-ttnrtion. 
Board  to  investigate  Government  manu- 
facture,  1606. 
Citizen's  Training  Camp,  1574,  1576. 
Deductions  from  pay  for  damage  to,  690, 
Distribution  to  militia.     See  Militir. 
Embezzlement,  punishment,   1264. 
Exchange  with  militia.     See  Militia. 
Executive   departments,   Issue   to,   847. 
Intended  for  export.     See  Neutrality. 
Issue  of  ammunition  and,  to  home  guards, 

1361f. 
Issue  of  to  colleges,  942,  951-955. 
National  Guard.     See  National  Guard. 
Obtaining  unlawfully,  220. 
In    Possession    of   unauthorized    persors, 

12G2. 
Purchase,     competition     waived,     limit, 

1610. 
Report  of  damages  to,  836. 
Right  to  bear,  1319. 
Sale  to  rifle  clubs,  1367,  1368. 
Sale  by  soldiers  prohibited,  1262. 
Theft,  punishment,  1264. 
ARMS  AND  MUNITIONS  OF  WAR  : 
Exportation   of,    to   American   countries, 
1475. 
ARMY: 

Adjutant     General's     Department.       See 

Adjutant  GeneraVs  Department. 
Aids.     See  Aids^ 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915. 


623 


ARMY — Continued. 

ArrOINTMENTS — 

of  a  particular  class  of  officers  or  in  a 
particular  department,  see  the  spe- 
cific title. 
of  Officers  of  line.     See  Oi/lcers,  Army. 
Appropriations — 

See    particular    office    or    service    for 

which  made. 
Available  for  purchase  of  reserve  sup- 
plies, 616a. 
Artillery.     See  Artillery. 
Bands — 

Gf    a   particular    arm    of   the   service, 

see  the  specific  title. 
Additional     compensation     prohibited, 

701,   701a. 
Cavalry.      See   Cavalry. 
Civil   employment,   enlisted   men,    701, 

701a. 
Coast  artillery.      See  Artillery. 
Competition,   enlisted    men   with   civil- 
ians, 701,   701a. 
Pay  of  enlisted  men,  701. 
Brigade — 

Composition,   356,   356a,   356b,   357. 
Machine-gun      companies,      additional, 

for  Infantry  and  Cavalry,   356d. 
Organization  may  be  increased  or  de- 
creased, 356b. 
Staff  of   commander,   359,   360. 
Colors  captured,  collected,  149. 
Commander  ln  chief — 

See     also     President     of     the     United 

States. 
President  designated  as,   2. 
Commissary    General.      See    Commissary 

General. 
Composition,  329a. 
Composition  in  tlm6  of  war,  328. 
Conscription.     See  National  Army,  Draft; 

Selective-service  act. 
Corps     of     Engineers.       See     Engineers, 

Corps    of. 
Corps,  organization  of  typical,  in  time  of 

war,  356a,  356b. 
Corps,    organizations    may    be    increased 

or  decreased,  356b. 
Detached    Officers'    List.      See    Detached 

Officers'  List. 
Disbursing   officers.      See  Disbursing   offi- 
cers. Army. 
Diseases  in.     See  Contagious  diseases. 
Division — 
Armored    motor-car    machine-gun    for, 

composition,  356a. 
Composition,  356,  356a,  356b,  357. 
Composition  of,  staff  commander,  359. 
Composition  of,  typical  in  time  of  war, 

356a. 
Ordnance     officer     on     staff     of     com- 
mander, 816. 
Organizations  may  be  increased  or  de- 
creased,   356b. 
Staff  officers  may  be  volunteers,  360. 
Draft.      See    National    Army;    National 
Guard;  Selective  service  aet. 


ARMY — Continued . 

Enlisted  Men.     See  Enlisted  men. 

Enlistment  in.     See  Enlistment. 

Field  artillery.     See  Artillery. 

Field  clerks.  See  this  title  Army  Field 
Clerks. 

General  Staff  Corps.  See  General  Staff 
Corps. 

Increments — 

Filling    vacancies   caused    by    increase, 

331ci. 
Immediate   increase   in   event   of    war, 

331c. 
Immediately     raise,     organize,     officer, 

and  equip  all,  331cJ. 
Increase  in  Army  to  be  made  in  five, 

331b. 
Limitation  on  number  of  appointment 
of   increased    officers   on   account   of 
second,  331bi. 
Ordnance    Department,    immediate    in- 
crease authorized,  809b. 
Organize  all  immediately  at  maximum 
strength,  331c J. 

Indian  Scouts.     See  Indian  scouts. 

Infantry.     See  Infantry. 

In  time  op  war — 

Immediately    organize    all    increments 
at  maximum  strength,  331cJ. 

Judge  Advocate  General's  Department. 
See  Judge  Advocate  General's  Depart- 
ment. 

Maehine-gun  company.  See  Machine-gun 
company. 

Medical  Department.  See.  Medical  7)0- 
partment. 

Military  Secretary's  Department.  See 
MiUtcaij  Secretary's  Department. 

Militia.     See  Militia. 

National  Army.     See  National  Army. 

Native  organizations.  See  Native  or- 
ganizations. 

Noncommissioned  officers.  See  Noncom- 
missioned officers. 

Officers.     See  Officers,  Army. 

Ordnance  Department.  See  Ordnance  Z)c- 
partment. 

Organization  in  time  of  war,  357,  356a. 

Organize  immediately  all  increments  at 
maximum  strength,  331cJ. 

Pay.     See  Pay  of  Army. 

Pay  Department.      See  Pay  Department. 

Paymaster  General.  See  Paymaster  Gen- 
eral. 

Paymaster's  clerks.  See  Pay  Depart- 
ment. 

Pbilippine  Scouts.    See  Philippine  Scouts. 

Porto  Rico  Regiment.  See  Porto  Rico 
Regiment. 

Posse  Comitatus,  Use   of  Abmt   as^ 
in   Alaska,   allowed,   1477. 
Prohibited,    1480. 

Printing  and  binding  procured  by  con- 
tract, etc.,  during  hostilities,  112b- 
112d. 

Quartermaster  Corps.  See  Quartermas- 
ter Corps. 


624 


ARMY — Continued. 

Quartemaster      General.     See      Quarter- 
master General. 

Rations,     See  Rations,  Army. 

Recommissioning  former  officers  in,  931a. 

Reenlistment.     See  Enlistment. 

Kkgiments.     See  also  Cavalry;  Corps  of 
Engineers;    Field    Artillery;    Infan- 
try. 
Composition  not  to  be  increased,  35Gc. 
Number  not  to  be  decreased,  356c. 

Register.     See  Army  Register. 

Regular  Army.     See  Regular  Army. 

Regulations.     See  Army  Regulations. 

Relative  rank.     See  Rank,  Army. 

Reserve.     See  Regular  Army  Reserve. 

Retirement.      See   Retirement,   Army. 

Selective-service  act.     See  Selective-serv- 
ice act. 

Signal  Corps.     See  Signal  Corps. 

Staff     departments.      See     Staff     depart- 
ments. 

Strength — 

During  exigencies,  333,  332b. 
Enlisted,  of  line,  332,  332a-332f. 
Organize  all  increments  immediately  at 
maximum,  331ci. 

Subsistence    Department.       See    Subsist- 
ence Department. 

Supplies.     See  Supplies,  Army. 

Surgeon   General.     See  Surgeon   General. 

Surgeons.     See  Surgeons,  Army. 

Tactical  Organizations  of,  356,  356a. 

In   Time   of  Wau — 
Composibon,  328,  329a. 
Organization,  357,  356a. 
Strength,   333,   332b,   332e,   331c4. 

Transports.     See  Transports,  Army. 

Uniform.     See  Uniform,  Army. 

Veterinarians.     See    Veterinarians;    Vet- 
erinary Corps. 

Volunteers.     See  Volunteer  Army. 
ARMY    AND   NAVY    MEDAL   OF    HONOR 

ROLL.     See  Medal  of  honor  roll. 
ARMY  AND  NAVY  UNION  : 

Badges  of,  etc.,  1021,  1022. 
ARMY  CORPS: 

Composition,  356a,  356b,  357. 

Composition  of  staff,  358. 

Organizations    may    be   increased   or    de- 
creased, 356b. 

Part  of  Regular  Army,  331a. 

When  authorized,  357,  356a. 
ARMY  FIELD  CLERKS  : 

Duty     in     War     Department     forbidden, 
362d. 

Employed  and  assigned  by   Secretary  of 
War,  362d. 

Headquarters    clerks    to    be    known    as, 
.S62c. 

Pay,  362c. 

Subject  to  Articles  of  War,  362c. 
ARMY  FIELD  ENGINEER  SCHOOL: 

Purpose,  1183. 
ARMY  HEADQUARTERS: 

Part  of  Regular  Army,  331a. 


ARMY    HOSPITALS: 

See   'Hospitals. 
ARMY   OR   NAVY: 

Requisitioning  food,  fuel,  etc.,  for,  1702. 
ARMY    REGISTER  : 

Enlisted    and     volunteer    service    noted, 
326. 

Lineal    rank    separately    for    each    arm, 
326. 

Retired  officers  included,  988. 

Schedule  of  pay  and  emoluments,  325. 

Volunteers  serving  in  Civil  War  entere<l, 
1007. 

Wholly  retired  officers  not  included,  982. 
ARMY    REGULATIONS: 

Promulgated   by   President,   324. 

Volunteer  forces  subject  to,  1385. 
ARMY  RESERVE.     See  Regular  Army  Re- 

serine. 
ARMY      SCHOOL     FOR     BAKERS     AND 
COOKS : 

Prizes  for  graduates,  1188. 
ARMY    SCHOOL   OF   THE   LINE: 

Purpose,   1183. 
ARMY    SERVICE    DETACHMENTS: 

Part   of  Regular   Army,   331a. 
ARMY    SERVICE    MEN: 

at  Military  Academy,  1168,  1169. 
ARMY    SERVICE    SCHOOLS: 

National    Guard,    personnel    at,    1334a— 
1334c,    1334d. 

Translator,    118.3a. 
ARMY    SIGNAL    SCHOOL: 

Purpose,   1183. 
ARMY    STORES: 

Sale  of,  to  employees  abroad,  205t. 
ARMY   SUPPLIES.      See  Supplies,  Army. 
ARMY    TRANSPORTS.       See    Transports, 

Army. 
ARMY   WAR   COLLEGE: 

Assignments     to    duty     at,     restrictions, 
369c. 

Establishment  and  scope,  1182. 

President  of,  assistant  to  Chief  of  Staff, 
366f. 

Supervis'.on     by     General     Staff     Corps, 
369c. 
ARREARS  TO  UNITED  STATES: 

Compensation  not  paid  to  one  in,  693. 
ARRESTS: 

See  also  Articles  of  War. 

of   Deserters.      See  Desertion. 

of  Enlisted  men,  for  debt,  1067. 

in   Indian  country.     See  Indiati  country. 
ARSENALS.     See  Armories  and  orsen<il8. 
ARSON : 

of   Military   posts,   etc.,   1316. 
ARTICLES    OF  WAR    (pp.   577-622)  : 

Absence  without  leave,   61   A.  W. 

Absence  without  leave,  time  lost  during, 
to   be   made   good,   107   A.   W. 

Accouterments,   losing,   spoiling,   etc.,   84 
A.    W. 

Accused — 

Arraignment,    21    A.    W. 
Counsel,    17    A.    W. 


MILITARY   LAWS   OF   THE   UNITED   STATES.   1915. 


625 


ARTICLES    OF   WAR — Continued. 
Accused — Continued. 

Copy  of  charges,  70  A.  W. 

Entitled  to  copy  of  record,  111  A.  W. 
Accuser  or  witness  for  prosecution  not  to 

be  member,  8,  9  A.  W. 
Affirmation,    19    A.    W. 
Alarms,    false,    75   A.   W. 
Allowing  duels,   91   A.   W. 
Ammunition,   wasting,   84  .A.   W. 
Application    to    Marine    Corps,    305 ;    2 

A.    W. 
Approval   of  sentences,   46,  47   A.   W. 
Army   field   clerks   subject   to,   3G2c. 
AnREST^   69   A.   W. 

Duration  of,   70   A.   W. 

Release,   70   A.   W. 
Arson,   93  A.   W. 
Assaults    65,    93   A.    W. 
Assistant  Judge  Advocate,  11,  116  A.  W. 
Battalion,  definition,   1   A.  W. 
Branding,    41   A.   W. 
Burglary,    93    A.    W. 
Cadets — 

Confirmation   of  sentence,  48  A.  W. 

Sul)ject  to   military   law,   2   A.   W. 

Summary     courts-martial,     not    triable 
by,   14   A.   W. 
Camp,   retainers  to,   2  A.   W. 
Challenges — 

to   Duels,   91   A.   W. 

to  Members,  18  A.  W. 
Charges,    copy    to   be   furnished   accused, 

70   A.   W. 
Civil  Authorities — 

Arrest    of    deserters,    106    A.    W. 

Delivery  of  offenders  to,  74  A.  W. 
Civil   suits,   removal   of,   117   A.   W. 
Coast    and    Geodetic    Survey    subject    to, 

when,    534j. 
Command,  when  different  corps  join,  120 

A.    W. 
Commanding  Officers — 

Disciplinary   powers,   104   A.   W. 

Disrespect  to,   63  A.  W. 

Sale   of  victuals,  not   to  be   interested 
in,    87    A.    W. 
Company,  definition,  1  A.  W. 
Conduct   prejudicial   to  good   order,   etc., 

96   A.   W. 
Conduct  unbecoming  an  officer  and  gen- 
tleman,  95   A.   W. 
Confinement,    69-73    A.    W. 
Confirmation  of  sentences,  48,  49  A.  W. 
Congress,    disrespectful    words    concern- 
ing,   62    A.    W. 
Contempts   of  court,   32   A.   W. 
Contemptuous  words,   62   A.   W. 
Continuances,    20    A.    W. 
Courts  of  Inquiry,  97-103  A.  W. — 

Authentication     of     proceedings,     103 
A.   W. 

Composition,    OS    A.    W. 

Constitution,  97  A.  W. 

Evidence,  proceedings  as,  27  A.   W. 

Oaths   of   members   and   recorder,   100 
A.   W. 


ARTICLES    OF   WAR— Continued. 
Courts  of  inquiry — Continued. 

Opinion,  when  furnished,  102  A.  W. 

Powers,    101    A.    W. 

Procedure,    101    A.    W. 

Record  as  evidence,  27  A.  W. 

Witnesses,    101    A.    W. 
Cowardice,   44,   75   A.   W. 
Crimes,   92,  93  A.  W. 
Damages    to   stores,    83   A.   W. 
Date  when  become  effective,  p.  622. 
Death  sentence,  43,  48,  51  A.  W. 
Deceased    persons,    effects,    112   A.    W. 
Definitions,    1    A.    W. 
Delivery   of    offender   to    civil   authority, 

74   A.   W. 
Depositions,   25,    26   A.    W. 
Desertion,   58-60   A.   W. — 

Advising,    59   A.   W. 

Arrest  by  civil  officials,  106  A.  W. 

Enlistment      without      discharge,      29 
A.   W. 

Entertaining  deserter,  60  A.  W. 

Limitation  on  prosecution  for,  39  A.  W. 

Making  good   time  lost,   107  A.  W. 

Penalty,    58    A.    W. 

Resignation     without     acceptance,     28 
A.    W. 
Destruction   of  property,   105  A.   W. 
Discharge,   108   A.   W. 
Disciplinary    Barracks,    42    A.    W. 
Discipline — 

Conduct  prejudicial  to,  96  A.  W. 

Maintenance     of,     on     march     and     in 
quarters,    89    A.    W. 

Powers    of    commanding    officers,    104 
A.   W. 
Dismissal  of  officer,  48,  51,  118  A.  W. 
Disorders,    08    A.    W. 
Disrespectful    words,    62,    63    A.    W. 
Disrespect     to     commanding    officer,     63 

A.    W. 
Draft,  forces  raised  by,  subject  to,  1640, 

2  A.   W. 
Druuk   on  duty,  85   A.  W. 
Drunk  on  post,  86  A.  W. 
Dueling,    91    A.    W. 
Embezzlement.  93,  94  A.  W. 
Enacting  clause,  sec.  1342,  R.  S.,  p.  580. 
Enemy,   corresponding  with   or  relieving, 

81  A.  W. 
Enlisted     men,    Medical     Department    of 

Navy,  serving  with  Marine  Corps,  sub- 
ject  to,    305a. 
Enlisted  Reserve  Corps  subject  to,   L"94. 
Enlisting  without  discharge,   29  A.   W. 
Enlistments,    unlawful,    penalty    for    ac- 
cepting, 55  A.  W. 
False  alarms,  75  A.  W. 
False  muster,  56  A.  W. 
False  returns,  57  A.  W. 
Fines   imposed   prior   to   taking  effect  of, 

p.  622. 
Flogging,   41   A.   W. 
Fraud  against  Government.  04  A.  W. 
Fraudulent  enlistment,  54  A.  W. 
Frays,  08  A.  W. 


54208°— IS- 


40 


626 


MILITARY   LAWS  OF    THE   UNITED   STATES,   1915. 


ARTICLES   OF  WAR — Continued. 
General   Coduts-Maetial — 

Accuser,    8   A.   W. 

Appointment,   SAW. 

Approval  of  sentences,  46-53  A.  W. 

Assistant     judge     advocate,     11,     116 
A.   W. 

Challenges,    18   A.    W. 

Closed  sessions,  30  A.  W. 

Composition,  4,  5  A.  W. 

Confinement,   42   A,   W. 

Continuances,   20   A.   W. 

Depositions,  25,   26  A.   W. 

Dismissal  of  officers,  48,  51,  118  A.  W. 

Execution  of  sentences,  46  A.  W. 

General    officers,    sentences    respecting, 
48  A.  W. 

Judge  advocate,  11,  17,  19  A.  W. 

Jurisdiction,    12   A.   W. 

Limits  of  punishment,  45  A.  W. 

Number  of  officers,  5  A.  W. 

Oaths,  19  A.  W. 

Order  of  voting,  31  A.  W. 

Pardon  and  mitigation,  50  A.  W. 

Procedure,  rules  of,  38  A,  W. 

Rank  of  officers  composing,  16  A.  W. 

Records,  disposition,  35  A.  W. 

Records,  preparation,  33  A.  W. 

Voting,   31   A.   W. 

Witness  for  prosecution,  8  A.  W. 
General  officers,  sentences,  respecting,  48 

A.   W. 
Good  order  on  march,  etc.,  89  A.  W. 
Government,  frauds  against,  94  A.  W. 
Gratillcation    or   reward    for    muster,    56 

A.  W. 
Horses,  losing,  injuring,  etc.,  84  A.  W. 
Incriminating  questions,  24  A.  W. 
Inquests,    113    A.    W. 
Insubordination,  65  A.  W. 
Intbrprbteb — 

Appointment,  115  A.  W. 

Oatb,  19  A.  W. 
Judge   Advocate — 

Advice  to  accused,   17  A,   W. 

Advice  to  court,  30  A.  W. 

Appointment,  11  A.  W. 

Assistant,   11,  116  A.  W. 

Duties  as  prosecutor,  17,  116  A.  W. 

Oaths,  19,  114  A.  W. 

Record  of  proceedings,  17,  35  A.  W. 
Larceny,  93  A,   W. 
Lighthouse     Service,     when     subject     to, 

534  c. 
Limitation  of  Prosecution — 

in   Desertion,   39  A.    W. 

in  General,  39  A.  W. 
Limits  of  punishment,  45  A.  W. 
Manslaughter^  93  A.   W. 
Marines,   offenses   committed   prior  to  or 

subsequent  to  detachment,  2  A.  W. 
Marines,  when  subject  to,  305,  2  A.  W. 
Marking,  tattooing,  etc.,  41  A.   W. 
Mayhem,   93   A.   W. 

Medical  officers  of  Navy  serving  with  Ma- 
rine Corps,  when  subject  to,  305a. 
Members   of   courts-martial,    4   A.    W. 


ARTICLES   OF   WAR— Continued. 
Military  commissions,  15  A.  W. 
Military     discipline,    conduct    prejudicial 

to,  96  A.  W. 
Military    prisoner    serving    sentence    of 

court-martial,   2   A.   W. 
Military  property,  loss,  83  A.  W. 
Militia  subject  to,  1342  ;  2  A.  W. 
Misbehavior  before  enemy,  75  A.  W. 
Murder,  92  A.   W. 
Muster,  false,  56  A.  W. 
Mutiny,  66  A.  W. 

National  Army  forces  subject  to,  1640, 
National  Guard,  subject  to,  1339b,  1342a, 

2   A.    W. 
Neglect  of  duty,  96  A.  W. 
Neglects,  etc.,  prejudicial  to  military  dis- 
cipline, 90  A.  W. 
Oath.s — 

Courts  of  inquiry,  100  A.  W. 

Courts-martial,    19   A.    W. 

Enlistment,    109    A.   W. 

Incident  to  administration,  114  A.  W. 

Officers  with  general  powers  of  notary 

public  in  foreign  places,  114th  A.  W. 

Offenses  committed  prior  to  taking  effect 

of,  p.  622. 
Officer,  definition,  1  A.  W. 
Officer  and  gentleman,  conduct  unbecom- 
ing, 95  A.  W. 
Officers,  Medical  Department,  Navy,  serv- 
ing with  Marine  Corps,   when  subject 

to.  305a. 
Officers'  Reserve  Corps,  subject  to,  1547, 

1.572. 
Officers  to  keep  good  order  In  commands, 

89  A.   W. 
Officers,    triable    by    general    courts-mar- 
tial only,  16  A.  W. 
Order  to  be  kept,  89  A.  W. 
Pardon  and  mitigation,  50  A.  W. 
Penalties  imposed     prior    to    taking     ef- 
fect  of,    p.    G22. 
Penitentiaries,  confinement  in,   42  A.   W. 
Perjury,    03   A.   W. 
Pkr.sons  Subject  to,  2  A.  W. 

Army  field  clerks,  .362c. 

Army  paymasters'  clerks,  630,  634. 

Convicts    in    military    prisons,    49.3,    2 
A.   W. 

Drafted  forces,  2  A.   W. ;   1G40. 

Enlisted  Reserve  Corps.  1594. 

Lighthouse  Service,  534c. 

Marine  Corps  when  serving  with  Army, 
305,  2  A.  W. 

Military  prisoners   under  sentence  ad- 
judged by  courts-martial,  2  A.  W. 

Militia  in  actual  service,  1342,  2  A.  W. 

National     Guard     in     service,     13391), 
1342a,  2  A.  W. 

Officers'  Reserve  Corps,  1547,  1572. 

Retainers  to  the  camp,  etc.,  2  A.  W. 

Retired  enlisted  men,  2  A.  W. 

Retired  officers,  988,  2  A.  W. 

Soldiers'  homes,  inmates,  1521,  2  A.  W. 

Volunteer  forces,  1385,  2  A.  W. 
Pleas,  21  A.  W. 


MILITABY  LAWS  OF   THE  UNITED  STATES,  1915. 


627 


ARTICLES   OF   WAR— Continued. 

President,   contemptuous  or  disrespectful 

words  concerning,  G2  A.  W. 
Prisoner — 

Charges  against,  investigation,  70  A.  W. 

Confinement,    69   A.   W. 

Refusal  to  receive,  71  A.  W. 

Release,  73  A,  W. 

Report  of,  72  A.  W. 

While    serving    sentence    adjudged  by 
court-martial,  2  A.  W. 
Process  to  obtain  witnesses,  22  A.  W. 
Property — 

Capture,  79  A.  W. 

Loss,  83  A.  W. 

Waste,   84  A.  W. 
ProTOst  courts,   15  A.  W. 
Public     Health     Service    officers    subject 

to,   when,    534q. 
Punish MEXT;,  41-45  A.  W. 

Confinement,  42  A.  W. 

Cowardice  or  fraud,  for,  44  A.  W. 

Death,  43  A.  W. 

Fines   and  penalties  imposed   prior   to 
taliing  effect  of,  p  622. 

Limits   of,    45   A.   W. 

Offenses  committed  prior  to  taliing  ef- 
fect of,  p.   622. 

Prohibited,  41  A.  W. 
Quarrels,  68  A.  W. 
Quitting  guard,  61  A.  W. 
Rank  of  Regular  and  Volunteer  officers, 

119  A.  W. 
Rape,  92  A.  W. 
Read,   once  in   6   months  to   troops,   110 

A.  W. 
Records — 

Effect  of  irregularities,  37  A.  W. 

General  courts-martial,  33,  35  A.  W. 

Party  entitled  to  copy.  111  A.  W. 

Special  courts-martial,  34,  36  A.  W. 

Summary  courts-martial,  34,  36  A.  W. 
Recruits,  articles  to  be  read  to,  110  A.  W. 
Redress  of  wrong,  105,  121  A.  W. 
Relieving  enemy,  81  A.  W. 
Repealing  clause,  p.  622. 
Reporter — 

Appointment,  115  A.  W. 

Oath,  19  A.  W. 
Report  of  prisoners,  72  A.  W. 
Reproachful  speeches,  90  A.  W. 
Retainers  to  camp,  2  A.  W. 
Retired  enlisted  men,  2  A.  W. 
Retired  officers,  2  A.  W. 
Returns,  false,  57  A.  W. 
Robbery,  93  A.  W. 
Safeguard,  forcing  of,  78  A.  W. 
Second  trial  for  same  offense,  40  A.  W. 
Sedition,  66  A.  W. 
Selective    Service    Act,    forces    raised   by 

subject  to,  1640;  2  A.  W. 
Sentences — 

Approval,  46,  47  A.  W. 

Confirmation,  48,  49  A.  W. 

Death,  43,  48,  51  A.  W. 

Dismissal  of  officer,  48,  51,  118  A.  W. 

General  ofBcers*  48  A.  W. 


ARTICLES   OF   WAR— Continued. 
Sentences — Continued. 

Limits  of,  45  A.  W. 

Pardon  and  mitigation,  50  A.  W. 

Penitentiary,  42  A.  W. 

Prohibited,  41  A.  W. 

Publication  of  certain,  44  A.  W. 

Suspension  of,  51-53  A.  W. 
Sleeping  on  post,  86  A,  W. 
Soldier,  definiton,  1  A.  W. 
Soldiers'  Home,  1521,  2  A.  W. 
Special  Courts-Martial — 

Accuser,  9  A.  W. 

Appointment,  9  A.  W. 

Approval  of  proceedings,  46  A.  W. 

Composition,  4,  6  A.  W. 

Jurisdiction,  13  A.  W. 

Records,  disposition,  36  A.  W. 

Records,  preparation,  34  A.  W. 

Witness  for  prosecution,  9  A.  W. 
Spies,  82  A.  W. 
Standing    mute    upon     arraignment,     21 

A.  W. 
Stores  captured,  79  A.  W. 
Striking  superior  officer,  64  A.  W. 
Sum  MARY  Couhts-Martial — 

Appointment,  10  A.  W. 

Composition,  4,  7  A.  W. 

Effects  of  deceased  persons,  112  A.  AV. 

Inquests,  113  A.  W. 

Jurisdiction,  14  A.  W. 

Records,  disposition,  36  A.  W. 

Records,  preparation,  34  A.  W. 
Suppression  of  mutiny,  67  A.  W. 
Surrender,  compelling  of,  76  A.  W. 
Suspension  of  sentence,  51-53  A.  W. 
Tattooing,  41  A.  W. 
Time  lost  to  be  made  good,  107  A.  W. 
Troops,   Articles   of  War  to  be  read   to, 

110  A.  W. 
Troops,    subject    to    Articles    of    War,    2 

A.   W. 
Twice  in  jeopardy,  40  A.  W. 
Victuals,  sale  of,  commanding  officers  not 

to-  be  interested  in,  87  A.  W. 
Violence    to    persons    bringing    in    provi- 
sions, 88  A.  W. 
Voting,    order   of,    by    courts-martial,    31 

A.  W. 
Watchword,  disclosure  of,  77  A.  W. 
Witnesses — 

Courts  of  inquiry,  101  A.  W. 

Incriminating  questions,  24  A.  W. 

Inquests,  113  A.  W. 

Oath,  19  A.  W. 

Process  to  obtain,  22  A.  W. 

Refusal  to  testify,  23  A.  W. 
Wrongs,  redress  of,  121  A.  W, 
ARTIFICERS  : 

Detail  to  organizations,   822. 
Pay,    697. 
ARTIFICIAL    LIMBS: 

Director   of   Bureau  of  War   Risks   may 

furnish,  1483bbb. 
Furnished  by  Surgeon  General,  18iL 


628 


MILITARY    LAWS   OF    THE   UNITED    STATES,   1915. 


ARTILLERY.     See  also  Artillrri.i  Corps. 
Assistant  band  leader,  pay,  695a. 
Band  leader,   pay,   G95a. 
Bari-acks    and    quarters,    limit    of    cost 

547,   549. 
Chaplains,    902,    903. 
Chief  of  Artillery.      See   Chief   of   Coast 

Artillery. 
Coast    AuTiLLEny — 

Additional  chaplains,  903. 

Bands,   1086a,   1089. 

Barracks  for,  limit  of  jost,  549. 

Branch  of  Artillery  Corps,  1082. 

Chief.     See  Chief  of  Coast  Artillery. 

Company  organi:^ation,  1088. 

Composition,  1086a,  1087. 

Constitute   a   corps,    1086,   331a. 

Coxswains,  pay,   108Gb. 

Duties,  1087. 

Enlisted    men — number,    1086a. 

Limitation  on  number  of  appointment 
of  increased   oflBcers,   331bJ. 

Maximum  enlisted  strength,  1088. 

Militia    organizations.      See   Militia. 

National  Guard.     See  National  Guard; 
Coast    Artillery. 

Noncommissioned  officers,  1080. 

Noncommissioned    officers,    number, 
lOSGa. 

Noncommissioned     officers,     pay,     695, 
695a. 

Officers,    1086a. 

Organizafion,  1086-1089. 

Pay     of     mechanics     and     chief     me- 
chanics,   697. 

Radio  sergeant,  pay,   695a. 

Rated  men,   1086b. 

Regulate   use   of   navigable    waters   as 
to  target  practice,  1315c.  1315d. 

Separation  from  Field  Artillery,  1084. 

Subscriptions  may  be  paid  in  advance, 
1083a. 
CoMrosiTiON,    1083. 
FlBI.D    Artillkky — 

Additional    pay   for   qualifying   as   ex- 
pert flrst-class  gunners,  699. 

Ammunition,  reserve  purchase  without 
advertising,   1611. 

Assistant  packmaster,  1091b. 

Bands,    1090,    1094. 

Battalion,  ammunition,  1090b. 

Battalion,  organization,  1091g. 

Battery,  ammunition,  1090b. 

Battery,  organization,  1091,  1091a. 

Brigade,  composition,  356a. 

Cargador,    1091b. 

Cavalry   regiments,   provisional   organ- 
ization  as,    1071b,    1071c. 

Chaplains,    903. 

Composition     of    units,     1082,     1090a, 
1090b,  1091a-1091g. 

Detachments,    part   of   Regular   Army, 
331a. 

Duties,    1082,    1093. 

Enlisted    men,    for    headquarters    and 
supply  companies,  additional,  1091h. 

Enlisted   men   for   mountain   batteries, 
additional,    1091b. 


ARTILLERY— Continued. 

Field  Artillery — Continued. 

Enlisted  men  for  war  units,  1090b. 

Headquarters  companies,  composition, 
1091c,    1091d. 

Headquarters  companies,  increase, 
1091h. 

Ilorseshoer,    703. 

Limitation  on  number  of  appointment 
of  increased   officers,   331bJ. 

Maximum  enlisted  strength,   1091. 

Mechanics,  pay,  695a,  697,  698. 

Mountain  battery,  additional  enlisted 
men,    1091b. 

Noncommissioned  officers,  pay,  695, 
695a,    1092. 

Officers  for  war  units,  1090b. 

Officers,  retired  before  separation  from 
coast,  status,  1084a. 

Packmaster,    1091b. 

Parks,    1090b. 

Provisional  organization  of  cavalry 
regiments  as,  1071b,  1071c. 

Regimental   organization,   1090,   1090c. 

Regimental  supply  sergeant,  pay,  695a. 

Regiments,  designation  of,  for  voca- 
tional training,   1293d-1293g. 

Regiments,  number  of,  331a. 

Saddler,   pay,   695a. 

Second  lieutenants,  assignment  to  bat- 
teries at  artillery  schools  for  in- 
struction,   1183b. 

Second  lieutenants,  instruction,  de- 
tails,   1183b. 

Separation  from  Coast  Artillery,  1084, 
1085. 

Staff  officers,  detail  of,  1090. 

Supply  companies,  composition,  1091e, 
1091f. 

Supply  companies,  increase,  1091h. 

Tools,  gauges,  etc.,  for  manufacture  of 
reserve  ammunition,  1611. 

Wagoner,    pay,    695a. 

War   organizations,   1090b. 
Horses,  restrictions  upon  purchase,  539, 

540. 
Ilorseshoer,   pay,   695a. 
Medical  personnel  of  volunteer  regiments, 

1385. 
Mess  sergeants,  pay,  695a. 
Militia.      See    Militia. 
Musician,   pay,   695a. 

Officers — 

Colonel,  detailed  Chief  of  Artillery, 
1982. 

Promotions  on  separation  of  coast  and 
field,    1084. 

Rank,  Marine  Corps  service  counted, 
353a. 

Retired  before  separation  of  coast  and 
field,    status,    1084a. 

Vacancies,  after  promotion  due  to  re- 
organization,  1101-1103. 

Vacancies,    caused    by    reorganization, 
1085. 
Private,  first  class,  pay,   695a. 
Quarters,  limit  of  cost,  547,  547a,  549. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


629 


ARTILLERY— Continued. 

Regiments,  discontinued,   1081. 

Reginunts,  number  of,  331a. 

Sergeant   bugler,   pay,  G95a. 

Sergeants,   additional,   details,   1332a. 

Supply  sergeant,  pay,  G95a. 

VETEBINAPwY     Suugkon'S— 
Pay  and  allowances,  1078. 
Retirement,  1079. 

Volunteer   regiments,    medical    personnel, 
1385. 
ARTILLERY  CORLS : 

See  also  Artillery. 

Chief  of  Artillery.      See   Chief   of   Coast 
Artillery. 

Coast  Artillery.     Sec  Artillery. 

Composition,    1082. 

Establishment    and    organization,    1081- 
1084. 

Officers.     See  Artillery;  Officers. 
ARTILLERY    LARKS,   1090b. 

National  Army — 

Draft,  organize  and  equip,   1G3G. 
ARTILLERY    SCHOOLS  : 

Assignment  of  second  lieutenants  to  bat- 
teries for  instructions  at,  1183b. 

Items  of  appropriation,  1185. 
ARTISANS  : 

See  also  Laborers. 

Rate  of  pay,  5G2. 
ASSAY     OFFICERS: 

Depositaries  of  public  funds,   181. 

Sui)erintcndeut,  assistant  treasurer,   181. 
ASSIGNEE: 

See  Trading   icith  enemy. 
ASSIGNMENTS  : 

of  Claims  before  alloxvance,  240. 

of  Commissioned  officers,  935. 

of  Contracts.     See  Contracts. 

of  I'ay  accounts.     See  Pay  accounts. 

of   Pay,   enlisted    men.      See   Pay   of   en- 
listed men. 

of  Retired  officers,  active  duty.     See  Re- 
tiremcnt.  Army. 
ASSISTANT   ADJUTANTS   GENERAL: 

See  also  Adjutant  General's  Dcpartinent. 

Duties,  437. 
ASSISTANT    AND    CHIEF    CLERK,    WAR 
DEPARTMENT : 

See  also   ^^ar  Department. 

Authorization,    144. 

May  sign  re(iuisitions,  etc.,  145. 
ASSISTANT  BAND  LEADER  : 

Pay,    695a. 
ASSISTANT,     CHIEF     OF     BUREAU     OF 

INSULAR    AFFAIRS.      See    Insular   Af- 
fairs,  Bureau   of. 
ASSISTANT  ENGINEER: 

Pay,  695a. 
ASSISTANT   INSTRUCTORS : 

at     Military     Academy.       Sec     Military 
Academy. 
ASSISTANT  LIBRARIAN: 

Military  Academy,  pay,  1134. 
ASSISTANT  IN  ORDNANCE  BUREAU: 

Principal,  pay,  817. 
ASSISTANT  PACKMASTER,   1091b. 


ASSISTANT  PROFESSORS: 

Military    Academy.      See   Military   Acad- 
emy. 
ASSISTANT   SECRETARY   OF   WAR: 
See  also  Secretary  of  TF^r. 
Appointment,  pay,  etc.,  142. 
ASSISTANT      TREASURERS      OF      THE 
UNITED  STATES: 
Sec  also  Puhlic  moneys  and  Treasurer  of 

the   United  States. 
Duties  as  fiscal  agents,  185. 
Report  of  unchanged  balances,  183. 
Station  or  location,  180. 
Superintendents  of  mints  may  be,  181. 
Terms   of  office,   180. 
ASSISTANTS   TO   CHIEF  OF   STAFF: 
General  officers  of  line,  tv.'o,  36Gf. 
President  of  Army  War  College  to  be  one 
of,  36Gf. 
ASSISTANT  VETERINARIANS.     See  Vet- 

erinary  Corps. 
ASSOCIATE   PROFESSORS  : 

Military   Academy,      See   Military   Acad- 
emy. 
ASSOCIATION  DUES  : 

Payment  from  public  moneys,  81. 
ATTACHMENT  : 

Compensation     for    death     or    disability 

exempt  from,  1483uuu. 
I'roperty.       See     Trading    with     enemy. 
Alien  Property  Custodian. 
ATTORNEY   GENERAL : 

See  also  Justice,  Department  of. 
Counsel — 

Condemnation  proceedings.  District  of 

Columbia,   2G3a. 
in  Examination  of  witnesses,  137,  264. 
to    Represent   United    States   In    suits, 
263,   293. 
Duties — 

See  also,  this  title.  Opinions. 
in     Condemnation     proceedings,     1276, 
263a. 
Information   to   be   furnished  by   depart- 
ments,   139. 
Opinions — 

to  Heads  of  departments,  262, 
to  I'resident,  261. 
Publication  and  distribution,  265. 
on  Title  to  sites  for  forts,  etc.,  25S. 
to   War  Department,  260. 
ATTORNEYS : 

See    also    Attorney    Oencral;   Powers    of 

attorney. 
See    also     Trading     icith     enemy.    Alien 

Property  Custodian. 
Condemnation    proceedings,     District    of 

Columbia,   263a. 
Department  heads  not  to  employ,  138. 
Department  of  Justice  to  furnish,  263. 
Employees   of  United   States  as,   restric- 
tions, 430, 
Ex-employees  as,  prohibition,  140. 
ATTORNEYS'    FEES: 

Arrears  of  pay  of  Volunteers..  Civil  War, 
forbidden,  218b. 


630 


MILITARY   LAWS   OP    THE   U]N^irED   STATES,   1915. 


ATTORNEYS'   FEES — Continued. 
Deductions  for,   219. 
Foes,      widows'      pensions,      restrictions, 

1498g. 
Military  and  naval  insurance  jiidgments 
to  include,  1483wwvvw,  1483xxxx. 
AUDIT  OF  ACCOUNTS  : 

See  Military  Establishment. 
AUDITOR    FOR    WAR    DEPARTMENT: 
See  also  Auditors. 

Accounts    of    Soldiers'    Home,    1509. 
Assistant,     audit     of     accounts     abroad, 

205g. 
Assistant,   powers   of,   205i. 
Claims    for     private      property,      recom- 
mendation of  Secretary  of  War,  162a. 
Duties   enumerated,   204,    205. 
Examination   of   books,    etc.,   of   disburs- 
ing officers,  etc.,  by  representatives  of, 
205k. 
AUDITORS  : 

See  also  Auditor   for    War    Department ; 

Public   moneys. 
Accounts   to  be  preserved,  210. 
Audit    particular    account,    201. 
Certified   balances   to   be   final,    207. 
Contracts  to  be  filed  with,  1216. 
Duties    enumerated,    204,    205. 
May  suspend  accounts,   208. 
Outstanding   checks,    annual     report     of, 

183,    IS.^a. 
Requisitions  for  advance  of  money,   19G, 

237. 
to    Superintend    recovery    of    debts,    206. 
AUTOMATIC    PISTOLS: 

Distribution    to    militia,    1370. 
AUTOMOBILES  : 

Passenger-carrying,    purchase    restricted, 
82a. 
AVIATION.      See   Aeronautics. 
AVIATION   DUTY: 

See  also  Signal  Corps,  Aviation  Section. 
Detached-service  law  does  not  cover,  384, 

937,    879a. 
Details  on,  889,   889q. 
Married    officers   eligible,    889r. 
AVIATION    FIELDS: 

See     also     Aviation    stations;     Military 
posts;   Military  reservations;  Proving 
grounds;   Reservations. 
Donations  of  sites,  1274a. 
Lease   or   purchase   of,    12741 
Purchase  of  lands,    1274b. 
AVIATION  MECUANICIANS.     See  Signal 

Corps,  Aviation  Section. 
AVIATION   MOTOR: 

Appropi-iation    for    developing,    8S9dd. 
AVIATION  OFFICERS.    See  Signal  Corps, 

A  riation  Section. 
AVIATION    POSTS: 

Acquisition  of  sites  for,  1274e,  1274f. 
AVIATION    SCHOOLS: 

Acquisition   of  sites  for,   1274e,  1274f. 
Foreign,   expenses  of  special  courses  in, 

889uu. 
Instruction   of   Coast   Guard,    889ee. 
Instruction  of  National  Guard,  1355d. 


AVIATION    SCHOOLS— Continued. 

North     Island     site,     California,     taking 
possession  of,  1274g-1274j. 
AVIATION   SECTION.      See  Signal    Corps. 
AVIATION    STATIONS: 

See  also  Aviation  fields;  Military  posts; 
Military  reservations;  Proving 

grounds;  Reservations;  Signal  Corps, 
Aviation   Section. 

Acquisition  of  sites  for,  1274e-1274j. 

North    Island    site,     California,     taking 
possession  of,  1274g-1274j. 
AVIATION    STUDENTS  : 

See   Signal    Corps,   Aviation   Section. 
AVIATION   TROOPS: 

Land-site    funds    available     for    shelter, 
etc.,  of,  1274f, 
AVIATORS : 

Appointment    from    civil     life,     889t. 

Discharge,   889u. 

Grade  created,  889t 

Pay    and    allowances,    889u. 
AWARD  OF  CONTRACTS  : 

See  also  Contracts. 

Army   supplies,   1199. 
BADGES : 

See    also    Insignia;    Medals    of    honor. 

of  Army  con^s,  who   may  wear,   1019. 

Campaign,   issued   as   article   of   uniform 
(note),  571. 

of    Chinese    relief    expedition,    1024. 

of   Military    societies,     who     may     wear, 
1020. 

of  Regular  Army  and  Navy  Union,  1021, 
1022. 

of  Spanish-American  War  societies,  1023. 

Wearing   unlawfully,   penalty,    1025. 
BAGGAGS : 

of   Enlisted   men   discharged   for   disabil- 
ity, 721a. 

Lost   in    military   service,    217,    217a. 

Reimbursement   for   excess,    526. 
BAKERIES.      See  Post  bakeries. 
BALANCES : 

See    also    Accounts,    Military    Establish- 
ment. 

of  Accounts.     See  Accounts. 

of   Appropriations.      See    Appropriations. 

Report  to  Congress  of  unexpended,  193a. 
BAND   INSTRUMENTS: 

Exchange  for   new,'  1261a. 
BAND    LEADER: 

Pay,  695a. 
BANDS : 

Army.    See   Army. 

Cavalry.     See   Cavalry. 

Coast   Artillery.      See  Artillery. 

Competition    of    members    with    civilian; 
prohibited,  701,  701a. 

Engineers.      See    Engineers,    Corps    of. 

Field  Artillery.     See  Artillery. 

Infantry.      See  Infantry. 

Military    Academy.     See    Military    Acad- 
emy. 

Recruiting  depot.    See  Recruiting  depoia. 
BALLOON    MECHANICIANS  : 

See   Signal    Corps,   Aviation   Section. 


MILITARY  LAWS  OF   THE   UNITED  STATES,   1915, 


631 


BANK  OR  BANKS  : 

Defined.     See  Trading  loith  enemy. 
BANKS  :      See  National   hanks. 
BANKERS : 

Unlawful   receipt  of  public   money,    pen- 
alty, 427. 
BARRACKS : 

See  also   Quarters,  Army. 

for  Artillery.    See  Artillery. 

Cost,    limit,    547,    547a. 

Erection,  approval  of  Secretary  of  War, 

546. 
Estimates  for  permanent,  to  be  approved, 

545. 
Fortification   sites   to  embrace  sides  for, 

803. 
Land  for  camp  sites,  etc.,  and,  547c. 
in    Philippines,    report    of    expenditures, 

548. 
Plans    and     estimates      for      permanent, 

1289a. 
for  Seacoast  Artillery,  limit  on  cost,  549. 
Temporary,    aviation    stations    on    public 
lands,   889rr. 
BATTALION  : 

Field  Artillery,  1091g. 
Field   Artillery,  ammunition,  1090b. 
Infantry,  1095b. 
Signal  Corps,  890b,  890i,  890j. 
BATTALION  SERGEANT  MA.TOR  : 

Headquarters  Corps  of  Cadets,   1176b. 
BATTALION  SUPPLY  SERGEANT: 

Pay,  695a. 
BATTERIES.     See  Artillery. 
BAWDY  HOUSES  : 

Sec  Houses  of  ill  fame. 
BEANS : 

See  Food  and  fuel  conservation. 
BEDDING  FOR  HORSES  : 

Detached  officers  entitled,  559,  560. 
BEGINNING  OF  THE  WAR : 

Defined.     See  Trading  loith  enemy. 
BELLIGERENTS  : 

Armed   vessels,   sending  out   with  intent 

to  deliver  to,  1469q. 
Discrimination    against   American    ships, 

14G9e. 
Interned     persons     leaving     jurisdiction, 

punishment,  1469u. 
Vessels,      attempted,     illegal      departure, 

1469b,  1469f. 
Vessels,  use  of  forces  to  enforce  regula- 
tions, 1409g. 
BENEFICIARIES  : 

See    also    Injuries    to    Oovernment    em- 
ployees; Military  and  Naval  compensa- 
tion. 
of  Enlisted  men,  to  be  designated,  1061, 

1062. 
Evidence  to  support  claim,  68. 
Medical  examination  of,  70. 
of  Officers,  to  be  designated,  1061,  1062. 
Payments  to,  creditors'  claims,  69. 
Of  I'ensions,  classes  to  receive,  1482. 


BIDDER  : 

See  also  Contracts. 

to  Accompany  bid  with  guaranty,   1207. 

Notified  of  opening  bids,  1208. 
BIDS.     See  also  Contracts. 

Opening,  regulations  for,  1206. 

for  Public  works,  1209. 

for     River     and     harbor     improvements, 
1210. 
BILL  OF  COMPLAINT: 

in    Restraint    of    distress    warrant,    234, 
235. 
BLACKSMITHS  : 

Detailed  as  horseshoers  and  farriers,  pay, 
703. 

Pay,  097-698. 
BLANKS : 

Public  Printer  to  furnish,  112. 
BOARD :  *     * 

of  Commissioners,   Soldiers'   Home.      See 
Soldiers'  Home. 

of  Militia  officers.     See  Militia. 

of  Officers  for  investigation  of  frauds,  64. 

of  Ordnance  and  fortifications.     See  Ord- 
nance and  Vortifi cations.  Board  of. 

of  Road  commissioners,  Alaska,  669. 

for  Testing  iron  and  steel.     See  Ordnance 
Department. 

of  Visitors.     See  Military  Academy. 
BOARDS : 

Detail,  pay,  restrictions  on,  408. 

to  Investigate  awards  or  medals  of  honor, 
1014i-1014m. 

to   Investigate   Government   manufacture 
of  arms,  1606. 

on  Mobilization  of  industries  essential  to 
military  preparedness,  1605. 
BOATS : 

See   also    Vessels. 

Purchase  or  hire  for  military  use,  535. 
BOND  : 

See  also  Surety  companies. 

of  Acting  disbursing  clerks,  24. 

Basic  patents  in   litigation   acquired   for 
development  of  aircraft,  889hh. 

Bids  to  be  accompanied  by,  1207. 

on   Contracts   for   public  buildings,    1217. 

Depositaries,   alien   enemy   property   cus- 
todian, to  give,  1424bb. 

of  Disbursing  clerks,  23. 

of  Disbursing  officers,  388. 

Examination  as  to  sufficiency,  394. 

Failure  to  examine  or  renew,  396. 

of  Military  prison  commandant,  482.  486. 

of  Militia  officers.     See  Militia. 

of  Officers  of  Quartermaster  Corps,  387, 
387a. 

on  Ordnance  issued  to  colleges,  951. 

of  Paymasters,  etc.,  185. 

Premium,  payment  of,  393. 

Regulation  and  increase,  388. 

Renewal,  395. 

of  Special  agents  of  departments,  24S. 

Suit  upon,  records  as  evidence,  247. 

Sui-eties,  duration  of  liability,  396. 

Sureties  notified  of  deficiencies,  397. 

Sureties,  priority,  223. 


632 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


BOND — Continued. 

Sureties  released  after  5  years,  398. 
of  Treasurer,  Soldiers'  Home,  1G06. 
of  Vessels  during  insurrection,  1440. 
BOND-AIDED  RAILROADS  : 

Transportation  of  officers,  G86,  687. 
Transportation  of  troops  and  munitions, 

531. 
BONUS : 

See  also  Bounties. 

I'remium,  cash  reward  or,  to  employees, 

864a,  864b. 
for  Reenlistment,  706. 
BOOK  OF  ESTIMATES: 

See  also  Appropriations ;  Estimates. 
Annual  estimates,  executive  departments, 

86. 
Date  for  transmission,  87. 
Estimates  for  river  and  harbor  improve- 
ments, 98. 
Information  on  lump-sum  appropriations, 

90,  96a. 
Proceeds    of    sales,    statement    of,    100, 

100a. 
Proceeds    of    sales,    statement    separate 

from,  100a. 
Statement  of  business  conditions,   102. 
BOOKS : 

See  also  Documents. 

of   Accounting   officers.      See    Accounting 

officers. 
of    Disbursing    officers.      See    Disbursing 

officers;  Puhlieations. 
Purchase  of  law  books  restricted,  78. 
BOUNTIES  : 

for  Enlistment  prohibited,   1643. 
for  Reenlistment  in  Army  reserve,  1031. 
for  Reenlistment  in  time  of  war,  1031o. 
for    Reenlistment    within    three    months, 

706. 
BOUNTY   LAND: 

Enlisted   men,   deserters,   1053. 
BOY  SCOUTS : 

Permitted  to  wear  uniform,  1010b. 
BRANCH  PRISONS: 

See  also  Disciplinary  barracks. 
See  also  Militaru  prison. 
Authorization,  476,  476a. 
Change  of  name,  475a. 
BREVET  RANK  : 

See  also  Rank,  Army. 

Assignment   according   to,    only    in    war, 

1004. 
Civil  War  officers  holding,  uniform,  1008. 
Command    under,    right    to,    354,    1003, 

1004. 
Dates  from   service  for  which  brevetted, 

1001. 
for  Gallantry  in  Indian  wars,  1000,  1002. 
to  Officers  for  heroism  in  war,  999. 
Officers  of  Spanish  War,  uniform,  1009. 
Pay,  no  increase  on  account  of,  638. 
Title  according  to  actual  rank,  1006. 
Uniform  according  to  actual  rank,  1005. 
Uniform  of  Civil  War  officers,   1008. 
Uniform  of  Spanish  War  Officers,  1009. 


BREVET  RANK— Continued. 

Volunteer    and    militia    officers    eligible, 

1385. 
Volunteer  officers  of  Civil  War,  uniform, 
1007. 
BRIBERY  : 

Acceptance  of  bribe,  penalty,  1253,  1254. 
Offering  bribes,  penalty,  1251. 
BRIGADE : 

Composition,  356,  350a,  356b,  357. 
Machine-gun    companies,    additional,    for 

Infantry  and  Cavalry,  356d. 
Organization  of,  may  be  increased  or  de- 
creased, 356b. 
Organization  of  typical  in   time  of  war, 

356a. 
Signal  Corps,  organization,  890i,  890j. 
Staff  of  commander,  359,  360. 
BRIGADIER   GENERAL,   ARMY: 
Aids  to,  351. 
Command  of,  356. 
Fuel  and  forage  allowed,  554. 
Increase  in  number,  350b. 
Line,  appointment  in  peace,  350a. 
Pay,  635. 

in     Quartermaster     Corp.s,     office     termi- 
nated, 502. 
Relative  rank  with  Navy,  352,  352a. 
Staff  of,  359. 
BROTHEL : 

See  Houses  of  ill  fame. 
BROTHER : 

Defined,   as   to   allotments,   family  allow- 
ances, etc.,  1483x. 
Family    allowances.      See   Family    allow- 
ances. 
BUGLERS : 

Pay,  695a. 
BUILDINGS  : 

See  also  Public  buildings. 

in    District    of    Columbia,    rental,    118- 

120,   99b. 
Renting  storage  accommodations  in  Dis- 
trict of  Columbia,  99b. 
Statements  as  to  rented,  99,  99a. 
BUREAU  CHIEFS: 

of  Executive  departments.     See  Executive 

departments ;  iitaff  departments. 
of   War   Department.      See    War   Depart- 
ment. 
BUREAU  OF  EFFICIENCY  : 

Auditing    accounts    and    claims,    investi- 
gation  of,   40e.     '' 
Civil    Service    Commission,    investigation 

of  methods  of,  40f. 
Creation,  40b. 
Duplication   of  work,   investigation,   40d, 

40j. 
Duties,   40c,   40d. 
Efficiency     ratings,     establishment,     40c, 

40d. 
Executive  DErARXMEXTS — 

Classification,  salary,  and  efficiency  of 

employees,  40i. 
Duplication  of  work  in,  40d,  40j. 
Information,    access    to    records,    etc., 
4011. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


633 


BUREAU    OF   EFFICIENCY.— Continuoa. 

Executive   Depahtments — Continued. 
Rates   of   pay    of   employees   compared 
with  State  and  municipal  employees, 
40g. 
Rates  of  pay,  employees  of  States  and 
municipalities,  40g. 
BUREAU    OP    INSULAR    AFFAIRS.      See 

Insular  Affairs,  Bureau  of. 
BUREAU  OF  STANDARDS: 

Cooperation     in     standardizing     gauges, 
etc.,  IGlla. 
BUREAU  OF  WAR  RISK  INSURANCE  : 

See   also   Military   and   Naval  insurance. 

Actuaries,  deputies,  assistants,  etc., 
1483f. 

Annual  estimate  for,   1483ra. 

Application  of  civil  service  rules  to  em- 
ployees,  exceptions,   1483o. 

Appropriation  for  expenses,  1483n. 

Certain  sections  applicable  only  to  Divi- 
sion of  Marine  and  Seamen's  Insur- 
ance, 1483c. 

Claim  agents  and  attorneys,  compensa- 
tion, 1483e. 

Commissioner  of  Marine  and  Seamen's 
Insurance,  salary,  1483b. 

Commissioner  of  Military  and  Naval  In- 
surance, defined,  14S3bb. 

Commissioner  of  Military  and  Naval  In- 
surance, salary,  1483b. 

Contempt.  See  this  title  Disobedience 
to  subpoenas,  etc. 

Deputies,  assistants,  actuaries,  etc., 
t483f. 

Director — 

Artificial     limbs,     trusses,     etc.,     fur- 
nished  by,    1483bbb. 
Awards  for  death  and  disability  com- 
pensation  by,    1483aaaa, 
General    powers    and    duties,    1483d. 
Hospital,    medical,    and    surgical    serv- 
ices, etc.,  furnished  by,  1483bbb. 
Power   to    administer    oaths,    subpoena 

witnesses,   etc.,    14831. 
Reports  of  Government  and   State  of- 
ficials  to,    148.3J. 
Salary,   1483a. 

Disobedience  to  subpoenas,  etc.,  1483k. 

Division  of  Marine  and  Seamen's  Insur- 
ance,   1483b. 

Division  of  Military  and  Naval  lusur- 
ance,  1483b. 

Employees,  fees,  allowances,  and  sala- 
ries of,  1483p. 

Establishment  of,   1483a. 

Information,  etc.,  to  persons  in  military 
service,  etc.,  14S3gg. 

Marriage — 

Evidence    of,    as    to    claimants,    14S3q. 
Legal,   according    to    law    of   domicile, 
1483r. 

Military  and  naval  insurance.  See 
Military    and   naval   insurance. 

Procedure  of  divisions,  rules  respecting, 
1483e. 

Proofs   and   evidence,   etc.,   1483e. 


BUREAU   OF   WAR   RISK   INSURANCE— 
Continued. 
Record  of  insurance  held  by  ofllccrs  and 

enlisted   men,    1483hh. 
Regulations  made  by  director,  1483e. 
Review        of        compensation        awards, 

1483kkk. 
Service  of  surgeons  of  Army  and  Navy, 

1483g. 
Subpoenas,     disobedience     of,     etc.,     con- 
tempt,  1483k. 
Witnesses,  fees,  and  mileage,  14831. 
BURIAL   EXPENSES: 

Death  prior  to  discharge  or  resignation, 

1483pp. 
Of  Officers,  enlisted  men,  etc.,  1063. 
Transportation  of  remains  of  employees, 
84. 
CABINET    OFFICERS: 

For  a  particular  Catinet  officer,  see  the 
specific  -title;    see    also    Executive    de- 
partments; Heads  of  departments. 
Succession  to  office  of  President,  5,  6. 
CABLE    COMMUNICATION  : 

Censorship      of,      during     present     war, 

1425e,  1425f. 
Evading    censorship,    punishment,    1425f, 
CABLEGRAM  : 

Alien  enemy.     See  Trading  icith  enemy. 
License. 
CABLE  LINES: 

Military,  injury  to,  900. 
CADET.     See  also  Articles  of  War. 
Corps.     See  Military  Academy. 
Mess.     See  Military  Academy. 
Store.     See  Military  Academy. 
CALIBERS   OF  GUNS,   852. 
CALIFORNIA  ASYLUM: 

See    also    Government    Hospital    for   In- 
sane; Insane  persons. 
Insane   of  Army,   1526. 
CAMPAIGN  BADGES: 

Soe   Badges. 
CAMP   EQUIPMENT: 

See  also  National  Guard,  training;  Citi- 
zens'  Training   Camp. 
Issues   for   use   of  Militia,   1358. 
Militia,   appropriation  for,   1351,  1352. 
Returns  of  commanding  officers  of,  573. 
CAMP   SITES: 

Land   for,   and   other   military   purposes, 

547c. 
Sale  of  intoxicating  liquors  at,  1295b. 
Suppression   of  houses  of  ill   fame  near, 
1295e,  1295f. 
CAMPS   OF   INSTRUCTION: 

See  also   Citizens'   Training  Camps;  Na- 
tional   Guard,    trainino. 
Militia,   annual   attendance,   1331. 
CANAL    ZONE.     See    also    Panama;    and 
Injuries     to     Government     employees, 
Panama   Canal. 
Accounts  in,  examination,  etc.,  200a. 
Alien    labor    in,    eight-hour    law,     1225, 

1226. 
Jurisdiction    of   courts    of,   over   offenses 
under  Espionage  titles,  1475r. 


634 


MILITARY  LAWS   OF    THE   UNITED   STATES,   1915. 


CANAL  ZONE — Continued. 

Jurisdiction    of   courts   of,    over   offenses 

under     Trading      witli      Enemy      Act, 

1425UU. 
National  Guard,  organization,  1321a. 
Trespass    on     defenses    of,     jurisdiction, 

1315b. 
Tour  of  duty  in,  limit  of,  330a. 

VKSSKLS    IX    PORTS    OF 

Destruction  or  injury  of,   punishment, 

1469k. 
Employment   of   land   or   naval    forces 
for  enforcement  of  regulations,  etc., 
14691. 
Failure  to  comply  with  regulations  as 

to  anchorage,  etc.,  penalty,  1469j. 
Regulations   governing   anchorage   and 

movement,   1469h,   14691. 
Seizure  and  forfeiture  of,  when,  1469j. 
Taking     control     and     possession     of, 

1469h,  14691. 
Use  of,  as  resort  for  persons  conspir- 
ing against  United  States,   1469k. 
CANDIDATES   FOR    PROMOTION: 

Trial   of,   by   summary   court  prohibited, 
14  A.  W. 
CANNON : 

See   also    Ordnance. 
Caliber,  determination  of,  852. 
Donation  of  condemned,  to  patriotic  or- 
ganizations, 849a,  849b. 
Eight-hour  law  to  be  observed,  1231. 
Issue  of  obsolete,  to  homes,  etc.,  160. 
Public  tests  of  rifled,  851. 
Sale  of  obsolete,  to  public  parks,  840. 
Sale    of   smooth-bore,    experimental    pur- 
poses, 841. 
CANNON  BALLS: 
See  also  Ordnance. 
Loans  or  gifts,  849. 
CANTONMENTS.     See  Camp  sites. 
Sale  of  intoxicating  liquor  at,  1295b. 
Suppression  of  houses  of  ill-fame,  near, 
1295e,  1295f. 
CAPITOL  : 

Telegraph  lines,  127,  128. 
CAPTAIN,  ARMY: 

of  a  particular  branch  of  the  service,  see 

specific  title. 
Fuel  and  forage  allowed,  554. 
Pay,  635. 
of  Porto  Rico  regiment,  recommissioned, 

346a-346c. 
Relative  rank  with  Navy,  352. 
Vacancies     due    to     reorganization    act, 
1101. 
CAPTIVITY  : 

Pay  and  allowances  during,  720. 
CAPTURED  COLORS: 

Collection   of,    149,   149a. 
CAPTURED    PROPERTY: 

Du^ring  insurrections.     See  Insurrections. 
CARGADOR,  1091b. 
CARRIAGES  : 

Purchase   for  executive  departments,   82. 
CARRIERS  : 

See  also  Common  Carriers. 

Collection  from    for  damages,  845,  217a. 


CARTRIDGE    BAGS: 

Material  for,  free  of  duty,  828. 
CASEMATE   ELECTRICIANS  : 

See  also  Electricians. 

Increase  of  number   prohibited,  700. 

Pay  for  qualifying,  699,  699a. 
CATTLE : 

Driving  of,  on  Government  lands,  1314. 

Driving  of,  on  Indian  country,  1402. 
CAVALRY : 

Assistant  band  leader,  pay,  695a. 

Band    leader,    pay,    695a. 

Bands,  organization,  1076. 

Brigade,     additional     machine-gnn     com- 
panies for,  356d. 

Brigade^  composition,  356a,  356d. 

Chaplains,  number  and  pay,  902. 

Colonels,  additional,  929i. 

Colored  troops,  1072. 

Corporals,  increase  of,  1075,  1075a. 

Detachments,     part     of     Regular     Army, 
331a. 

Depot  for  recruits,  1186. 

Division,  composition,  365a. 

Headquarters  troop,  organization,  1074b. 

Horseshoer,   pay,   695a. 

Horses,  purchase  of,  539,  540. 

Increase  of  enlisted  men,  1075,  1075a. 

Limitation  on  number  of  appointment  of 
increased  officers,  SSlib. 

Machine-gun   troops,  organization,  1074c. 

Mechanic,  pay,  695a. 

Medical  personnel  of  volunteers,   1385. 

Mess  .sergeant,  pay,  695a. 

Military  Academy  detacnment,  1170. 

Musicians,  pay,  695a. 

Private,   first  class,   pay,   C95a. 

Private,  increase  of,   1075. 

Promotion,  equalization,  929i. 

Promotions    due    to    reorganization    act, 
1101,   1103. 

Provisional  organization  of  as  Field  Ar- 
tillery or   Infantry,   1071b,  1071c. 

Regimental  supply  sergeant,  pay,  095a. 

Regiments — 

Designation  of,  for  vocational  training, 

129.3d,    129.3g. 
Drilled  as  Infantry,  1073. 
Number  of,  331a. 
Orsranization,  1071,  1071a. 
Provisional      organization      as      Field 
Artillery  or  Infantry,  1071b,   1071c. 

Remount  detachments,  1080. 

Sadler,    pay,   695a. 

Sergeant   bugler,    pay,   695a. 

Sergeants,  additional,  details,  1332a. 

Squadrons,  organization,  1074a. 

Stable  sergeant,  pay,  695a. 

Staff  officers,  regimental.  1077. 

Supply  sergeant,  pay,  695a. 

Supply  troop,  organization,  1074d. 

Troops,   increase,   1075a. 

Troops,  organization,  1074,  1074a,  1075. 

Vacancies      due     to     reorganization     act, 
1101-1103. 

Veterinarians,  pay  and  retirement,  1078, 
1079. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915, 


635 


CEMETERIES,  NATIONAL  : 

r.urial  in,  those  entitled,  1308,  1309. 

Burial  of  Army  nurses  in,  1309. 

Care  and  maintenance,  1302. 

Graves,  how  marked,  1305. 

Headstones,  1305. 

.Turisdiction  of  United  States,  1310. 

liPijister  of  burials  to  be  kept,  1305. 

Superintendents,  pay  and  quarters,  1304. 

Superintendents,  qualifications,  1303. 
CEMETERIES,  PRIVATE: 

Headstones,  erection  in,  1306,  1307. 

Union  soldiers  interred  in,  1306. 
'  ENSORSIIIP: 

Communications    by    mail,    cable,    radio, 
etc.,  1425e,  1425f. 

li^vading,  etc.,  punishment,  1425f. 
CERTIFICATES  : 

tF    DiSCHAUGE 

See  also  Discharge. 

of  Enlisted  men,  in   true  name,   1048. 

Forging,  etc.,  penalty,  131a. 

Replacing  lost  or  destroyed,  1047. 

Return,  after  settling  accounts,  214. 
OF  Eligibility — 

Rights  and  liabilities  of  holders,   923, 
924. 
False — 

Penalty,  429. 
OF  Merit — 

Enlisted  men  may  receive,  1018. 

Pay  of  enlisted  men  granted,  719. 

to  Volunteer  forces,  1385. 
to  Revised  Statutes,  312. 
of  Service,  458. 
CERTIFICATES       OF       NONINDEBTED- 

NBSS  : 
Volunteer  officers  to  obtain  on  discharge, 

1383g-1383i. 
CERTIFICATION  : 
of  Records,  246, 
CHALLENGES.     See  Articles  of  War. 
CHANGE  OF  STATION: 

Excess    over    transportation     allowance, 

526. 
While  on  leave,  mileage  to  new  station, 

079. 
CHAPLAINS  : 

Address  as,  uniform,  all  grades,  910. 
Appointment,  age  limit,  907. 
Appointment,  examination,  906. 
Appointment,  preference,  902b. 
Apportionment     to     organizations,     902, 

002a,  902c,  904. 
Assignment,  911-913. 
Citizenship,  qualifications  as  to,  902e. 
Command,  right  to,  908. 
Designation  uniform,  all  grades,  910. 
Duties,  914-916. 

Examination  for  appointment,  906. 
Facilities  afforded   by  commanders,   917. 
Field  service,  transportation,  913. 
Instruction  of  enlisted  men,  915. 
at  Large,   number,  902d,  902e. 
Major,  grade  of,  limited,  909. 
at  Military  Academy,  1133. 
Number  authorized,  902a,  902d. 


CHAPLAINS — Continued. 
Part  of  Regular  Army,  331a. 
Pay  and  allowances,  635,  909,  902a. 
Pay,  increased  every  5  years,  652. 
Pensionable  status,  908. 
Post,  office  of,  abolished,  912. 
Post,  qualifications  for,  905. 
Promotions,  909. 

Qualifications  as  to  citizenship,  902e. 
Rank,  908,  909,  902a. 
Regimental,  qualifications  for,  905. 
Reports  to  be  submitted  monthly,  916. 
Retirement,  90S. 
Transfers,  911,  913. 
of  Volunteer  forces,  1387. 
War  service,   preference  in  appointment, 
902b. 
CHARGES : 

Dismissal  of  employees  upon,  42. 
Ci.-.::TER: 

Surety  companies  to  deposit,  391. 
Ci.x^alWO..Aja:N  : 

in  Office  of  Chief  of  Staff,  362,  3G2a. 
CHAUFFEURS  : 
Signal  Coups — 

Grades  created,  890f. 
Pay  and  allowances,  890g. 
Rank,  890h. 
CHECKS  : 

Deposited    in    Treasury,    payment,     242, 

243. 
Lost,   issuance  of  duplicates,   245,    245a. 
Outstanding,  disposition,  241. 
Outstanding,   annual   report  by  auditors, 

183a. 
Pay  accounts,  order  of  indorsee,  648. 
Payment  of  enlisted  men  by,  627. 
CHIEF  CLERKS: 

of    Executive    departments.      See    Exectt- 

tive  departments. 
of   War    Department.      See   War  Dei)art- 
ment. 
CHIEF    OF    ARTILLERY.      See    Chief   of 

Coast  Artillery. 
CHIEF    OF    BUREAU    OF    INSULAR    AF- 
FAIRS.    See  also  Insular  Affairs,  Bu- 
reau of. 
Rank,  pay,  etc.,  155,  155a,  156,  373a. 
CHIEF  OF  COAST  ARTILLERY  : 
see  also  Artillery. 
Additional  member,  General  Staff  Corps, 

370a. 
Appointment,  vacancy  caused,  370. 
Duties,  370,  370a. 
General  Staff  Corps,  member,  370. 
Office  of,  creation,  370a. 
Rank,   373a,   1086c. 
Retirement,  370. 
CHIEF   OF    DIVISION    OF   MILITIA   AF- 
FAIRS : 
See  also  CJticf  of  Militia  Bureau. 
Additional     members    of    General     Staff 
Corps,  371. 
CHIEF  OF  ENGINEERS: 
See  also  Engineer  Corps. 
to    Determine    character    of    equipment, 
etc.,  798. 


636 


MILITARY   LAWS   OF    THE   UNITED   STATES,    1915. 


CHIEF  OF  ENGINEERS — Continued, 
may  Employ  retired  officers,  709. 
Granted  use  of  Library  of  Congress,  800. 
Rank,   pay,  and  allowances,   373a,   784a. 
CHIEF  LOADERS: 

Additional    pay    for    qiialifying    as,    699, 

600a. 
Authorized   number   not  to  be  increased, 

700. 
ray,  099. 
CHIEF  MECHANICS  : 

Pay,  697. 
CHIEF  OF  MILITIA  BUREAU: 

Member  of  General  Staff  Corps,  1337a. 
Rank,  pay,  and  allowances,  373a. 
CHIEF  MUSICIAN: 

ray,  701. 
CHIEF  OF  ORDNANCE  : 

See  also  Ordnance  Department. 

Duties  enumerated,  8-3,  82.5. 

may  Employ  draftsmen,  818. 

may  Establish  ordnance  depots,  825. 

Manufacture    of    articles    hy    prisoners, 

822a. 
Rank,  pay,  and  allowances,  373a,  809a. 
to    Regulate    safe-keeping    by    prisoners, 

835. 
Semiannual  report  of,  833. 
CHIEF  PLANTERS: 

Additional  pay  for  qualifying,  699,  699a. 
Authorized  number   not  to  be  increased, 

700. 
CHIEF  OF  QUARTERMASTER  CORPS  : 
See  also  Quartermaster  Corps. 
Appointment,  time  of,^  504. 
Qualifications  and  rank,  501,  373a,  495a. 
Title  changed,  501a. 
CHIEF  SIGNAL  OFFICER: 
See  also  8i(/nal  Corps. 
to   Certify   charges   for  loss  of   property, 

1256. 
Duties  in  general,  893. 
to     Formulate     regulations     for     Signal 

Corps,  894. 
Member  of  Aircraft  Board,  889bbb. 
Rank,   pay,   and   allowances,   373a,   870a. 
to     Supervise    military    telegraph    lines, 

896. 
CHIEF  OF  STAFF  : 

See  also   General  Staff   Corps;   Staff   de- 
partments. 
Aids-de-camps,  309. 
Assistants,   two   general   cfflLcrs   of   line, 

as,  366f. 
Chief  of  Coast  Artillery,  advisor  of,  370a. 
Clerks,   assignment   restricted,    363,    372, 

362b. 
Clerks,  classification  and  pay,  362,  362a, 

362b. 
Clerks,    foreign    service,    additional    pay, 

362,  362a,  362b. 
Coast  Artillery  division  abolished,   370a. 
Duties  enumerated,  369. 
General  officer  of  line,  366f. 
Mobile  army  division,  abolished,  370a. 
Pay    and    allowances    as    general,    350d, 

S50e. 


CHIEF   OF    STAFF— Continued. 

Rank  and  precedence  over  all  other  offi- 
cers of  army,  306f. 

Rank    of    general,    limitation    on,    350d, 
350e. 

to    Supervise   Quartermaster   Corps,   503. 
CHIEF  OF  STAFF  DEPARTMENT  : 

See  Staff  departments. 
CHIEF  OF  TELEGRAPH  : 

at  Executive  Office,  881. 
CHIEF  TRUMPETER : 

Pay,  701. 
CHIEFS  OF  BUREAUS: 

of    Executive    departments.     See    Execu- 
tive departments. 

of   War   Department.     See    War   Depart- 
ment. 
CHILD: 

Age  limit  as  to  allotments,  family  allow- 
ances, etc.,  exception,  14S3v. 

Defined  as  to  allotments,  1483t. 

Defined  as  to  compensation,  1483t. 

Defined  as  to  family  allowances,  14S3t. 

Defined  as  to  insurance,  1483t. 

Duration  of  compensation  to,  for  death, 
1483rr. 

Family    allowances.     See    Family    allow- 
ances. 

Payment  of  military  and  naval  insurance 
to,  1483ffff,  1483ggsg. 
CHILDREN : 

Apportionment  of  compensation  between 
Avidow  and,  not  in  her  custody,  1483tt. 

Amount   of   compensation   for   disability, 
1483VV. 

Compensation,     See   Military   and   Naval 
Compensation. 

Pensions,  relation  to.     See  Pensions. 
CHINESE  RELIEF  EXPEDITION: 

Badges  of,  who  may  wear,  1024. 

I'orsons  who  served  in,  entitled  to  bene- 
fits of  National  Home  for  Disabled  Vol- 
unteer Soldiers,  1502b. 
CITIZENS  : 

See  also   Citizenship;  Naturalization. 

Ammunition  for,  issue  to,  831a. 

Chaplains  at  large  must  be,  902e. 

Civil  rights  of.     See  Civil  rights. 

Dental  surgeons  must  be,  750a. 

Designated   for   training  as  officers,   pay 
of,  1574b. 

Equal  rights  under  the  law,  1442,  1443. 

Officers  appointed  in  time  of  peace,  918b. 

Officers  of  Medical  Corps,  732a. 

Officers     of     Philippine     Scouts,     retire- 
ment, 339a. 

Ofiicers'  Reserve  Corps,  1533. 

Qualified  as  officers,  roster,  1573. 

Reserve    Officers'   Training    Corps    must 
be,  1559. 

Right  to  bear  arms  not  to  be  infringed, 
1319. 

Subject  to  military  duty,  age  limit,  327, 
1322a. 

Target  ranges,  1579. 

Training  camps.     See  Citizens'   Training 
Camps. 


MILITARY    LAWS   OF   THE   UNITED   STATES,   1915. 


637 


C2TIZENS— Continucfl. 

Training,    rate   of   mileage    and    time    of 
payment,  1574a. 

Unneutral  acts  by  foreign,  1474. 

Unneutral  acts,  penalties,  1467,  14G9. 

Vessels     cliscriminating    against,    during 
war,  14G9d. 

Veterinarians  must  be,  72Sc,  72Sd. 
CITIZENSHIP  : 

See    also    Repatriation;    Citizens;    Civil 
rights ;  Naturalization. . 

Alien  enemies  not  admitted  to,  1064a. 

Forfeiture  bj'  desertion,  1050-1052. 

of  Recruits,  in  time  of  peace,  1029. 
CITIZENS'  TRAINING  CAMPS  : 

See  also  Rifle  ranges;  Target  ranges. 

Appropriations,  1576,  157Ga:,  1577. 

Arms,    supplies,    to    be    furnished,    1574, 
1576,  1576a. 

Claim  for  damage  to  private  property  due 
to,  lG2a. 

Detail    of    enlisted    men,    instructors    of 
rifle  clubs,  954e. 

Fort  Douglas,  Utah,  1578. 

Instructions,     course    to    be    prescribed, 
1575. 

Maintenance     on    military    reservations, 
1574,  1576,  1576a. 

Mileage,    rate    and    time    for    payment, 
1574a. 

Pay  of  citizens  designated  for  training  as 
officers,  1574b. 

Sales  to  persons  attending,  1574. 

Subsistence,  for  attending  in  1916,  157Ga, 
1577. 

Uniform  of  persons  attending,  1010b. 

Use  of  rifle  range,  1579,  1579a. 
CIVIL  ACTIONS.     See  Civil  rights. 
CIVIL  EMPLOYEES  : 

See  also  Civilian  employees. 

Injuries.     See    Injuries    to     Government 
employees. 

National    Guardsmen,  called    out,    to    be 
restored  to  former  positions,  1339c. 

Ordnance  Department.      See  Ordnance  De- 
partment. 

Sales  of  medical  supplies  to,  775e,  775f. 
CIVILIAN  EMPLOYEES  :     " 

Active   duty   in    Officers'    Reserve   Corps, 
restoration,  1544a. 

of  Arsenals.     See  Armories  and  arsenals. 

Computation  of  Increased  pay  for  piece- 
work,- 44. 

Details  of,  certain  forbidden,  29,  30,  32. 

of  Executive  departments.     See  Executive 
departments. 

(Jovernment    establishments.     See     Inde- 
pendent establishments. 

in  Officers'  Reserve  Corps,  leaves  of  ab- 
sence, 1549a. 

Ordnance  Department  serving  abroad,  ac- 
crued leave  for,  8571. 

Pay  clerks.     See  Pay  Department, 

Per  diem,  computation  of  increased  pay 
for,  -Mi. 

of    Quartermaster    Corps.     Sec    Quarter- 
master Corps. 


CIVILIAN     EMPLOYEES— Continued. 
Restrictions  on  employment,  2S. 
Rules  for  division  of  time  and  computing 

pay  of,  44g. 
Sales  of  Ordnance  stores  to,  844. 
Signal  Corps,  pay,  S79j. 
Signal  Corps,  traveling  expenses,  879j. 
States  and  municipalities,   rates  of  pay, 

40g. 
Under    War    Department,    abroad,    allot- 
ments of  pay,  711a,  712a. 
of  War  Uipartment,  interment,  1063. 
CIVILIAN  MARKSMANSHIP  : 

Director  of,  1580. 
CIVILIAN  PHYSICIANS  : 

to    Examine    applicants    for    enlistment, 
779. 
CIVILIANS.     See  Citizens. 

Designated   for  training  as  officers,  pay, 
1574b. 
CIVIL  LIFE: 

Aviators  appointed  from,  S89t,  SS9u. 
Officers    appointed     from.      See     Officers, 
Army. 
CIVIL  OFFICE: 

Officers  accepting.     See  Officers,  Army. 
CIVIL  OFFICERS: 

Execution    of    process.     National    Guard 
courts-martial,  1343h. 
CIVIL  PENSION  ROLL: 

Establishment  of,  forbidden,  38. 
CIVIL  RIGHTS: 

Citizenship.     See  Citizenship. 
Commissioners  to  enfokce — 

Appointment  and  duties,  1447,  1448. 
to    Appoint    persons    to    execute    war- 
rants, 1449. 
Fees,  1451. 
Conspiracy  Against — 

Civil  action  against  conspirator,  1445. 
Neglect  to  prevent,  actionable,  1446. 
Employment  of  Military  Force — 
in  Execution  of  judicial  process,  1454. 
by    Persons    appointed    to    serve    war- 
rants, 1449. 
Enforcement — 

by  District  attorney,  1451. 

Fees  of  district  attorney,  1451. 

Fees  of   persons   appointed   to  execute 

process,  1451,  1452. 
Marshals  to  execute  warrants,  14.^.0, 
Equal  Rights — 

All  persons  to  have,  1442,  1443. 
Conspiracy  to  deprive  persons  of,  1445, 
1446. 
Offenses — 

Process,  execution  of,  1449,  1450,  1452, 

1454. 
Prosecution  authorized,  1447. 
Prosecution  by  Federal  officer,  1447. 
Speedy  trials  directed,  1453. 
Peonage — 

Abolished  in  New  Mexico,  1455,  1456. 
Suits  for  Violations  of  Rights — 
Against   person   acting  under   color   of 
law,  1444. 


638 


MILITARY  LAWS  OF    THE   TJI^ITED   STATES,   1915. 


CIVIL  SERVICE: 

See  also  Classified  civil  service;  Execu- 
tive departments. 

Application  to  employees,  Bureau  of  War 
Risk  Insurance,  exceptions,  1483o. 

Appointment  in,  after  examination,  166. 

Appointment  of  employees  of  Alien 
Property  Custodian  under,  1424d. 

Audit  accounts  of  military  establishment, 
employees  residing  in  foreign  coun- 
tries, 205j. 

Bureau  of  Efficiency  created,, 40b. 

Classification  in,  scope  of,  166. 

Examinations  to  be  held  In  State  of  ap- 
plicant, 166a. 

Investigate  methods  of  business  of  com- 
mission, 40f. 

Preference    to     persons    honorably    dis- 
charged from  military  or  naval  serv- 
ice, 164,  166. 
CIVIL  WAR: 

Badges.     See  Badges. 

Claims.     See  Claims. 

Deserters,  certain  exempted  from  forfei- 
ture^    1051. 

Pensions.     See  Pensions. 

Pensions,  minimum  for  widow  of,  1483h, 
14831. 

Retirement,     certain     officers     advanced 
grade,  969,  970,  969a-969e. 
CIVIL  WORKS  : 

Employment  of  officers  on,  996. 
CLAIMS  : 

See  also  Accounting  officers;  Attorney 
General. 

Against  United  States — 

Civil  War  claims,  jurisdiction,  277a. 
Civil  War  service,  muster  and  remus- 

tcr,  455,  455a. 
Damage    to    property    due    to    gunfire, 

etc.,  162. 
Damage   to   property,   recommendation 

of  Secretary  of  War,  162a. 
During      insurrection,      against      con- 
demned vessel,  1441. 
Government  employees  interested,  430. 
Liability  of  persons  making  false,  220a. 
Loyalty  restriction  repealed,  215a. 
Members    of    Congress    receiving    com- 
pensation,   1240. 
Pay,  arrears,  time  limit  for  filing,  218, 

218a. 
Property  of  officers  and  soldiers  lost, 

etc.,   217,   21Ta. 
Prosecution  of,  by  exemployees,  140. 
Reexamination  of  rejected,  215c. 
of  Spanish  War  Volunteers,  218. 
Tralaing,  practice,  etc.,  162a. 
Under  exhausted  or  lapsed  appropria- 
tions,   examination    and    report    on, 
215b,  215c. 

Allotments.     See  Allotments  of  Pay. 

Allowances.     See  Family  allowances. 

Allowed  by  Treasuuy — 

Reported  annually  to  Congress,  216. 

Assignments  or  Transfers — ■ 
Before  allowance,  240. 


CLAIMS— Continued. 

Assignments  or  Transfers — Continued. 
Compensation   for  death  or  disability, 

60mni,  1483UUU. 
Military  and  naval  insurance  not  sub- 
ject to,  1483iiii. 
to  United  States  against  third  persons, 
compensation,      66nn-66ss,      14S3yyy, 

14S3ZZZ. 
to   United   States,   settlement  and  dis- 
position    of     proceeds,      66pp-66ss, 
1483yyy. 
Attorneys.     See  Attorneys  and  attorneys' 

fees. 
Auditing,  investigation  of  method,  40c. 
Before  Court  of  Claims.     See  Court  of 

Claims. 
Before  Departments — 

Fees   of    witnesses    who    made    deposi- 
tions, 135. 
Witnesses  may  be  subpoenaed  by  heads, 
134. 
Compensation    for    death    or    disability, 

payment  prior  to  filing,  1483ttt. 
Compensation    for    death    or    disability, 

time  for  filing,  1483ppp-14S3ttt. 
Fraud — 

Government  employees  interested,  430, 
Making  or  presenting  fraudulent,  220. 
Members  of  Congress  receiving  compen- 
sation, 1246. 
Not  allowed  where  there  is  attempt  at, 
287. 
Insurance.      See  Military  and  Naval  In- 
surance. 
•InnoMENT — 

Final,  to  bar  future  demand,   292. 
Payment  of,  full  discharge,  291. 
Jurisdiction    Over — 

See  also   Court  of  Claims. 

Civil  War  claims,  277a. 

District   courts   and    Court   of   Claims, 

278. 
Scope,  277. 
Property.       See     Tracing     with     enemy. 

Alien  Property  Custodian. 
Property,  private,  damage  due  to  train- 
ing, etc.,  162a. 
Set-offs.      See  Court  of  Claims;  Set-offs. 
Settlement — 

Before  allowance,  powers  of  attorney, 

240. 
by  Compromise,  238. 
no   Deductions    for    attorney's    fees    in 

ca.se  of  officers,  soldiers,  219. 
no  Interest  before  judgment,  290. 
Stoppages   may   be   removed,    041. 
bj"^  Treasury   Department,   215. 
Witnesses — 

Failure    to   attend,    13G. 
Fees,   135. 
SubpoDuas    for,    134. 
CLASSIFIED  CIVIL   SERVICE  : 
See    also    Civil    service. 
Assessment    for    political    contributions, 
172-176. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


639 


CLASSIFIED  CIVIL  SERVICE — Cont'd. 
Compensation     of     certain     grades     in- 
creased,  44a,   44b. 
Efllc'if^ncj^   ratings,   establishment  of,   40, 

40c,    40d,    40i. 
Information  may  be  furnished  Congress, 

42. 
Promotions,  reductions,   etc.,  40. 
Regulations  for  admission,  prescribed  by 

President,    163. 
Removal  on  charges  in  writing,  42. 
Transfers,   requisites,    36. 
CLEARANCE : 

of    Vessels,    during    insurrection,     1439, 

1440. 
of    Vessels,    enforcing    neutrality.       See 

XcKtrality. 
CLEARING    HOUSES: 

See   Food   and   fuel   conservation,  "  EvU 

practices." 
CLEMPJNCY  : 

to   Military   convicts,   488,  488a. 
CLERKS : 

in  a  particular  department  or  office,  see 

the  department  or  office. 
Alien  Property   Custodian.      See  Trading 

with  enemy.  Alien  Property  Custodian. 
in  Army.     See  Chief  of  Staff ;  Army  Field 

Clerks,   etc. 
Civil    Service.      See   Civil  Service. 
Executive    departments.      See    Eaiecutive 

Departments. 
CLOCKS,  RECORDING: 

Use  in  executive  departments  forbidden, 

121. 
CLOSED  PORTS: 

During    insurrection,   seizure    of   Tessels, 

303. 
CLOTHING : 

Sale  of  cuttings,  proceeds,  578a. 
CLOTHING  ACCOUNTS: 

of  Officers,  oath  in  settling,  153. 
CLOTHING,    ARMY: 

See   also   Uniform,  Army. 

Allowance  for  ordnance  sergeants,  575. 

Balances   due   soldier,   how  accumulated, 

574,   575. 
Balances  due  soldier,  how  paid,  575,  57G. 
Cash  to  retired  soldiers  in  lieu  of,  714, 

715. 
Contracts  for,  before  appropriation,  1190. 
to  Discharged  military  convicts,  494. 
Diseases,  destroyed  to  prevent  spread  of, 

778. 
Enlisted  Reserve  Corps.    See  Enlisted  Re- 
serve Corps. 
Gratuitous    issue    to    replace    destroyed, 

572. 
of  Militia.     See  Militia. 
National    Guard.      See    I'lational    Guard, 

Uniform. 
Overdrawn  by  soldier,  574. 
Purchase   from    soldiers   prohibited,   220. 
Quantity   and  kind   prescribed   by   Presi- 
dent, 571. 
Repairing    and    altering,    limit    of    cost, 

577,  578. 


CLOTHING,   ARMY— Continued. 
Returns,  quarterly,  by  officers,  573. 
Sales  prohibited,  1262. 
COAL  : 

See  Food  and  fuel  conservation.  Coal  and 

coke. 
COAST  AND  GEODETIC  SURVEY: 

Assistance  in  making  surveys  and  maps, 

808b. 
Examinations   for  appointment  and   pro- 
motion, 5341. 
Field    ofScers,   designation,   appointment, 

and  pay,  534m. 
Pay    and     allowances    not    reduced     by 

transfer  to  Army,  534k. 
Pension    for    disabilities    incurred    while 

with  Army,  534k. 
Rates  of   pay   for  nonmilitary   duty   not 

affected,  534o. 
Regulations   covering   duties   of,   in   time 

of  war,  534p. 
Relative  rank  while  serving  with  Army, 

etc.,  534n. 
Return  of  vessels,   personnel,  etc.,  when 

emergency  ceases,  5341. 
Subject  to  Articles  of  War,  when,  534J. 
Transfer    of   vessels,    personnel,    etc.,   to 

Army  in  emergency,  534h. 
COAST  ARTILLERY.     See  Artillery. 
COAST  ARTILLERY   DIVISION: 

Office  of  Chief  of  Staff,  aboUshed,  370a. 
COAST  ARTILLERY  FIRE: 

Target    practice,    regulate    use    of    navi- 
gable waters  as  to,  1315c,  1315d. 
COAST  ARTILLERY  SCHOOL: 
Items  of  appropriations,  1185. 
COAST  DEFENSES : 

Commandeering    or    requisitioning     land 

for,  802d, 
Donation  of  lands  for,  acceptance,  802c. 
Examination   of   title,   etc.,   to   land   for, 

prior  to  possession  waived,  802d. 
Purchase  of  lands  for,  at  agreed  price, 

802b. 
Regulation  of  use  of  navigable  waters  in 

connection  with,  1315c,  1315d. 
Report    as    to    lands    and    buildings    for 

airships,  etc.,  for,  1274d. 
Requisitioning    or    commandeering    lands 

for,  802d. 
Sites     for,     procured    by     condemnation, 

802,  802a_802d. 
Vessels  to  enforce  regulations  as  to  use 

of     navigable     waters     In     connection 

with,  1315d. 
Volunteer  forces  for,  organization,  1385. 
COAST  GUARD: 

Instruction  in  aviation  schools,  889ee. 
Military   forces  as   to   compensation,   in- 
surance, etc.,  when,  1483ee. 
Reeommissloning      former      officers      In, 

1633. 
Recommissioning  former  officers  of  Reve- 
nue Cutter  Service  in,   1633. 
Status,    etc.,    of    Public    Health    Service 

officers  serving  with,  534q. 
Uniform,  unauthorized  wearing  of,  lOlOf, 


040 


MILITARY   LAWS   OF    THE    UNITED   STATES,    1915. 


COFFEE : 

Fuud  for  Militia.     See  Militia. 
Sugar     and,     ration     of.       See     Rations, 
Army. 
COKE  : 

See  Food  and  fuel  conservation.  Coal  and 
Coke. 

collp:ctors  of  customs: 

See  also  Customs. 

Duties  of,  during  insurrections,  1434. 
Duties  of,  as  fiscal  agents,  185. 
Employment  of  military  force  by,   1435, 
May      withhold      clearance      to      vessels, 

1469a. 
Reports   of  gold   or   silver   coin,   etc.,   in 

cargoes  for  export,  1439d. 
COLLEGES : 

See       also       Educational       institutions; 

Schools;     Reserve     Officers'     Training 

Corps. 
Ammunition,  etc.,  for  instructions,  831a. 

Bond    covering  ordnance   issued,   951- 

Commutation    of   uniform,    Reserve    Ofl3- 
cers"  Training  units,  1562a. 

Details  of  officers  to.     See  Details. 

Graduates,    eligibility    for    Officers'    Re- 
serve Corps,  15G9. 

Instructions  to  aviation  students  at  tech- 
nical, 889XX. 

Issue  of  ordnance  to  other  than  Reserve 
Officers'  Training  Corps  units,  1563. 

Issue  of  ordnance  to,  942,  951-955. 

Permits  for  examination  of  ruins,   12SG, 
1287. 

Sales  of  Army  supplies  to,  951a,  951b. 
COLONEL,  ARMY: 

See  also  Officers,  Army. 

Fuel  and  forage  allowed,  554. 

Maximum  pay,  Including  longevity,   654. 

Pay,  635. 

Relative  rank,  with  officers  of  Navy,  3.5'2. 
COLORED   TROOPS: 

Cavalry,  two  regiments  authorized,  1072. 

Infantry,  two  regiments  authorized,  1096. 

Instruction  of,  by  chaplains,  915. 
COLORS : 

Flags  and,  captured  to  be  collected,  149. 

Volunteer  regiments  to  retain,  149a. 
COMMAND : 

by  Brevet  rank.     See  Brevet  rank. 

of  Brigadier  general,   356. 

Claims  of  officers  holding  higher,  641. 

of  Major  general,  356. 

of  Medical  officers,  355. 

in      Military      Academy.      See     Military 
Academy. 

by  Pay  Department  officers,  624. 

Pay   for  exercising  higher.      See  Pay   of 
officers. 

by  Retired  officers,  prohibited,  961. 

Retired   officers  withdrawn   from,  986. 

When  different  corps  or  commands  hap- 
pen to  join,  120  A.  W. 
COMMANDANT  : 

of  Cadets.     See  Military  Academy. 

of  Military  prison.     See  Military  prison. 


COMMANDER  : 

of  Army  corps,  staff,   358. 

of  Division  or  brigade,  staff,  359. 

Navy,  relative  rank  in  Army,  352. 
COMMANDER    OF    UNITED     STATES 
FORCES  IN  FRANCE: 

Pay  and  allowances,  350e. 

Rank,   350d. 
COMMANDEERING    FOR    MILITARY 
PURPOSES  : 

Coal  and  coke  plants,  on  failure  to  con- 
form  to  price  regulations,   1746-1749. 

Distilled  spirits  in  bond  or  in  stock, 
1731,   1732. 

Factories,  packing  houses,  oil  pipe-lines, 
and   mines,   1708-1713. 

Food  and  fuel.  See  Food  and  fuel  con- 
servation; Requisitioning  for  puhlio 
defense. 

Lands  for  coast  defenses,  fortifications, 
etc.,  802d. 

Lands  for  proving  ground  on  failure  to 
purchase,  12741-1274n. 

Mines,    1708-1713. 

Munition  plants  in  time  of  war,  1601. 

North  Island,  California,  as  site  for  avia- 
tion  stations,    1274g. 

Oil  pine-lines.  1708-1713. 

Packing  houses,   1708-1713. 

IMants,  etc.,  for  shipbuilding.  See 
Emergency  shipping  fund,  Talle  of 
Related  Statutes. 

Railroads,      See  Transportation  systems. 

Transportation  systems  in  time  of  war, 
525b. 

Vessels     belonging*    to     Germany     within 
jurisdiction    of    United    States,    1415b, 
1415c. 
CO.MMANDER  IN  CHIEF  OF  ARMY,  2. 
COMMANDING  GENERAL  OF  ARMY  : 

May  perform  duties  of  Secretary  of  War, 
143. 
COMMANDING   OFFICERS  : 

See  also  Officers;  Articles  of  War. 

to   Report  damage  to  ordnance,   836. 
COMMERCIAL    BUSINESS  : 

Over     telegraph     lines.     See     Telegraph 
lines. 
COMMERCIAL    INTERCOURSE  : 

During  insurrection,  1421-1426. 
COMMERCIAL     TELEGRAPH     COM- 
PANIES : 

See   Telegraph   lines. 
COMMISSARIES  : 

See  also  Suhsistence  Department. 

Additional  pay  for  acting,  revoked,  646. 

Duties  of  regimental,  battalion,  etc.,  498, 
499. 

Jurisdiction  over  claims  for  relief  by, 
277. 

Losses  by,  without  fault,  280. 

to  Perform  Quartermaster  Corps  duties, 
938. 
COMMISSARY    GENERAL: 

See  also  Subsistence  Department. 

President  may  regulate  and  increase 
bond,    185. 


MILITARY   LAWS   OF   THE   UNITED  STATES,   1915. 


641 


COMMISSARY   SERGEANTS: 

See   also   Quartermaster   sergeants. 

Authorization  and  duties,  584,  585. 

Designation  changed,  496. 

Detail    as    assistant    to    commissary    of 
cadets,    1136a. 

Duties,    584. 

Number  increased,  585. 

Pay,  584,  695. 

Subject  to  Articles  of  War,  584. 
COMMISSARY    STORES: 

Sales  of,  disposition  of  proceeds,  405. 
COMMISSIONED     OFFICERS.       See     also 
Officers,   Army. 

Defined    as    to    compensation,    Insurance, 
etc.,    1483y. 

Warrant  oflScers,  certain  Included  as,  for 
compensation,  insurance,  etc.,  1483y. 
COMMISSIONER   OF   INSURANCE: 

Regulate   fees,    etc.,    military   and   naval 
insurance.    1483xxxx. 
COMMISSIONER  OF  MARINE  AND  SEA- 
MEN'S INSURANCE.      See  Bureau  of 
War  Risk  Insurance. 
COMMISSIONER   OF  PENSIONS: 

Administer    provisions    relative    to    mili- 
tary   and    naval    compensation, 
1483bbbb. 
COMMISSIONERS  : 

to  Protect  civil  rights,  1447,  1448,  1451. 

to     Revise,     simplify,    etc.,    statutes     of 
United   States,  307. 
COMMISSIONS  : 

of  Army  officers.     See  Officers,  Army. 

Expenses  of,  not  paid  unless  authorized, 
408. 

Payment  of  expenses  of,  190. 

of  Retired  oflBcers,  advanced  in  rank,  971. 
COMMODORES  : 

of  Navy,  relative  rank  with  Army,   352. 
COMMON    CARRIERS: 

See    also    Transportation. 

Agencies  at  Washington,   525h. 

Antitrust    violations    provision    not    re- 
pealed,   525d. 

Collection  from  for  damages,  845,  217a. 

Directions  for  preference  to  national  de- 
fense  commodities,   525f. 

Duties,    and    punishment    for    failure    to 
perform,   525i. 

Exemption    from    preferential,    etc.,    pro- 
visions in  existing  law,  525k. 

Labor    disputes    provision    not    repealed, 
525d. 

Obstructing  mails  or  equipment  of,  1465. 

Obstructing    transportation    during    war 
with   Germany,  525c. 

Preference   in   time   of   war,   525a,    525b, 
525c. 

Preference     to     national     defense     com- 
modities,  525e,   525f. 

Preference,  officers  and  compensation  for 
persons  designated,   525g. 

Rates  for  transportation  of  persons  and 
property,    525J. 


COMMON  CARRIERS— Continued. 

Use  of  armed   force  to   prevent  obstruc- 
tion of  transportation,  525c. 
COMMUTATION  : 

of  Clothing.     See  Clothing,  Army. 

of   Forage.      See   Forage. 

of   Fuel.      See   Fuel. 

to  Militia  officers  at  military  schools, 
1334. 

of  Officer  member,  road  commissioners, 
669. 

of  Quarters.     See  Quarters,  Army. 

of   Rations.      See  Rations,  Army. 

of  Subsistence  stores.  See  Subsistence, 
Arnj^y. 

of   Uniform   supplied   by   educational    in- 
stitutions,  1562a. 
COMPANY : 

Commander,  settlement  of  accounts, 
1260. 

Infantry,  1097,  1095b,  1098. 

of  Insti-uction,  in  Hospital  Corps,  768. 

at  Military  Academy.  See  Military 
Academy. 

Signal  Coips,  890b,  890i,  890j. 
COMPENSATION.     See  also  Pay  of  Armi/. 

of  Enlisted  men.  See  Pay  of  enlisted 
men. 

to  Federal  employees.  See  Injuries  to 
Oovernment  employees. 

for    Injury.      See    Injury. 

of  Officers.     See  Pay  of  officers. 
COMPENSATION   FOR  INJURIES: 

See   also   Pensions. 

Death  or  disability  in  Army  or  Navy. 
See  Military   and  naval  compensation. 

Suspension  on  failure  to  take  vocational 
training,   etc.,   12931. 

Suspension    on    failure    to    enlist    during 
reeducation,  etc.,  12931. 
COMPROMISE  : 

of  Cla'ms,  by  Secretary  of  the  Treasury, 
238. 
COMPTROLLER   OF  THE  TREASURY: 

See  also  Accounting  of  public  money. 

Advance  decisions,  may  be  called  upon 
for,   202. 

Assistant,  audit  of  accounts,  abroad, 
205g. 

Assistant,  powers  of,  2051. 

Auditors'  decisions  to  be  revised  by,  209. 

Examination  of  books,  etc.,  of  disburs- 
ing officers  by  representation  of, 
205k. 

to  Institute  suit  to  recover  balance  due, 
203. 

May  direct  auditing  of  particular  ac- 
count,  201. 

May  revise  balances  certified  by  auditors, 
207. 

to  Prescribe  forms  for  keeping  accounts, 
200. 

Warrants  to  be  countersigned  by,  237. 
CONDEMNATION  : 

District  of  Columbia,  employment  *  of 
counsel,  263a. 


54208°— 18- 


41 


642 


MILITARY   LAWS   OF   THE   UNITED  STATES,   1915. 


CONDEMNATION — Continued. 

Lands  for  aviation  stations,   889qq. 
of   Sites   for  fortifications  and   coast  de- 
fenses,  802,  802a,  802d. 
of  Sites  for  public  buildings,  etc.,  1276, 
1277. 
CONDEMNATION  PROCEEDINGS  : 

Captured  property,  how  instituted,  1430. 
Prizes    employed    in    aid    of    insurgents, 
1428. 
CONDEMNED  VESSELS.     See  Vessels. 
CONFIRMATION  : 

Salary  not  paid  recess  appointees  until, 

168. 
by  Senate,  list  furnished  accounting  of- 
ficers,   11. 
CONFISCATION  : 

of    Property    during    insurrection.      See 
Insurrection. 
CONGRESS  : 

Joint  Committbb  on  Printing — 

Continuance  of,  vacancies,  and  po  vers 
during  recess,   114a. 
Powers — 

Exclusive    legislative    authority    over 
the   District   of   Columbia  and   mili- 
tary  reservations,   1280. 
Militia,   may  call   forth,   1415. 
over    Public    property    and    territory, 

1255. 
over    Sale   of   transports.      See    Trans- 
ports, Army. 
Prohibited  Acts  by  Members — 

Compensated  in  connected  with  claim, 

1246. 
Contracting  with  ofllcers,  1248. 
Interest    in    United-  States    contracts, 
1245-1247,   1249. 

Rei'okts    to 

Number    and    grade    of    persons    re- 
ceiving increased  compensation,  44b. 
Thanks — 

Tendered   certain  officers,  927a. 
CONSPIRACIES  : 

Punishment  of  other  under  title,  1317if. 
CONSPIRACY  : 

Against  Civil  rights.     See  Civil  rights. 
Food  and  Field  Conservation.     See  Food 

and  fuel  conservation,  Conspiracy. 
to  Injure  or  destroy  property  of  foreign 

governilfent  in  United   States,   1674.. 
National    defenses.       See     National     de- 
fenses. 
Seditious,  punishment,  14151. 
CONSTITUTIONAL  PROVISIONS : 
Art.   I,  sec.   8,  1280. 
Art.  I,  sec.  8,  par.  15,  1415. 
Art.  I,  sec.  9,  par.  2,  276. 
Art.  I,  sec.  9,  clause  7,  186. 
Art.  IV,  sec.  3,  1255. 
Art.  IV,  sec.  4,   1414. 
Second  amendment,  1319. 
CONSTRUCTING   QUARTERMASTER : 

at  Military  Academy,  pay,   1137. 
CONSULAR    OFFICE: 

Acceptance  by  officers,  effect,  997. 


CONSULAR    OFFICERS: 

Army  officers  in  foreign  places  who  have 
general  powers  of,  114th  A.  W. 

Duty.      See    Repatriation. 

Foreign  government,  punishment  for 
falsely  pretending  to  be,  1671. 

Vessels.     See   Trading  with   enemy.  Ves- 
sels. 
CONTAGIOUS    DISEASES: 

Clothing  destroyed  because  of,  replacing, 
572. 

Leave  with  pay  may  be  granted  because 
of,  50. 

Measures   for   dealing  with,   at   military 
posts,    778. 
CONTEMPT : 

Disobedience    of   subpoenas,    etc..    Bureau 
of  War  Risk  Insurance,  1483k. 
CONTINGENT    FUNDS: 

See    also    Appropriations. 

Allotments   of,   188. 

Annual  reports  of  expenditures  from,  79, 
80. 

Apportioned  by  monthly  or  other  allot- 
ments,  188. 

Apportioned  to  bureaus  or  offices,  75. 

Expenditure  for  commissions,  etc.,  con- 
nected with  foreign  intercourse  not  re- 
stricted,   190. 

of  Military  Academy,  for  rent  of  hotel, 
1178. 

Payment  for  telephones  in  private  resi- 
dences,  83. 

Payment  of  clerks  from,  prohibited,  28, 
32,  74. 

Payment  of  membership,  etc.,  dues  from, 
81. 

Purchases  from,  limitation  on,  73,  75. 

Purchases  of  law   books   from,   78. 

Purchases  of  newspapers  from,  76,  77. 

Purchases  of  vehicles,  restrictions,  82. 

Subscriptions   to   newspapers,   limitation, 
76,  77. 
CONTINUOUS-SERVICE    PAY.       See    Pay 

of   enlisted   men. 
CONTRACT   DENTAL   SURGEONS: 

See  also  Dental  surgeons. 

Assignment  of  pay  accounts,   740. 

Authorized,  qualifications,  etc.,  753,  754. 

Eligible  for  appointment  as  dental  sur- 
geons, 752. 

Longevity  pay,  time  served  as,  counted, 
751. 

S(>a  travel,  actual  expenses  only,  682. 
CONTRACTING   OFFICERS  : 

Examination  of  books,  etc.,  by  represent- 
atives    of    Auditor    and     Comptroller, 
205k. 
CONTRACTOR : 

Supplies    to    be    marked    with    name    of, 
1241. 
CONTRACTS : 

For  supplies  or  services  of  a  particular 
Jiind  or  for  a  pcrticular  branch  of  the 
Oovernment  aervicef  see  the  specific 
title. 


MILITARY  LAWS  OF   THE  UNITED   STATES,  1915. 


643 


CONTRACTS— Continued. 
Advektisembnts — 

District  of  Columbia  newspapers,  rates, 

etc.,  1203,  1204. 
Motor    ambulances,    purchase    without, 

1198a. 
Rate  fixed  at  commercial  rate,  1202. 
Appropkiations — 

Annual,     for    contracts    made    within 

yoar,  193. 
Contracts  in  excess  of,  not  to  be  made, 

1191-1193. 
I'urchase   of  ordnance,   etc.,   in   excess 
of,  limitation,  1190a. 
Assignment.     See  this  title.  Transfer. 
Authorization — 

Necessary  to  making,   exception,   1190. 
Bids — 

Accompanied    by    guaranty    and    bond, 

1207. 
Opening,  bidders  to  be  notified,  1208. 
Opening,    Secretary    of    War    to    make 

regulations,  1206. 
Preference  to  American  material,  1234. 
Bond — 

to  Support  guaranty  to  bid,  1207. 
Copy — 

Affidavit  to  accompany,  1212-1214. 
Filed  in  Returns  Office,  1211. 
Extension    of    time    for    filing    in    Re- 
turns Office,   1211d. 
Filing     of     accounts     settled     abroad, 

205m. 
Food    and    fuel    conservation    agents. 
See  Food  and  Fuel  Conservation. 

FOR   I'ERSONAL    SERVICES 

Prohibited  if  in  excess  of  law,   excep- 
tion, 1195. 
Form — 

to    Stipulate   no    Member    of   Congress 
has  interest,  1215. 

Writing    required ;    signed    by    parties, 
1211,  1211a,  1211c. 
Offenses — 

Acceptance  of  bribe  by  witness,   1253. 

Bribery    in    connection    with,    penalty, 
1251. 

Corporation    agent,    acting    as    United 
States  agent,  1250. 

Members   of   Congress,   procuring,   etc., 
1245-1247. 
Open  market  contracts — 

Allowed    if    public    exigency    demands, 
1196. 

Printing    and    binding   for   army,    etc., 
during  emergency,  112b-112d. 

Supplies  or  services  outside  District  of 
Columbia,  limitation,  1196a. 
Ordnance  Supplies — 

Preference     to    articles    of    American 
manufacture,  1234,  1234a. 
Pay.ments — 

Advance  for  supplies,  407a,  407b. 

Not  to  exceed  amount  due  at  time,  407. 

Security    covering    advance,    for    sup- 
plies, 407b. 
Postal  Guide,  official,  1236c. 


CONTRACTS— Continued. 

Printing  and  binding  for  army,  etc.,  dur- 
ing emergency,  112b-112d. 
Provisions — 

Eight  hours  to  constitute  day's  work, 

1218-1232. 
Exempting  United  States  from  liability 
for  injuries,  void,  72. 
FOR  Public  works — 

Preference   to  be  given   American   ma- 
terial, 1234. 
Recommendations  of  Aircraft  Board  as 
to  889eee. 
Returns — 

Affidavit  of  officer  to  accompany,  1212. 
Extension  of  time  for  filing  in  Returns 

Office,  1211d. 
Filing  in  Returns  Office,  1211,  1211d. 
Forms  to  be  furnished  for,  1214. 
Omission  of,  by  officer,  penalty,  1213. 
Regulations  for  making,  1214. 
Statutes  of  limitations.     See  Trading  with 

enemy,  Alien  Property  Custodian. 
Supplies   or   services   outside   District   of 

Columbia,  limitation,  1196a. 
Transfer-^ 

Prohibited,  effect  of  transfer,  1233. 
Written     requirements     as     to,     1211, 
1211a-1211c. 
WITH  Members  of  Congress — 
Prohibited,  penalty,  1245-1249. 
Public  officer  making,  penalty,  1248. 
CONTRACT  SURGEONS : 

Appointment  of,  in  emergencies,  738. 
Assignment  of  pay  accounts,  740. 
Attendance  free  of  charge  on  families  of 

officers  and  soldiers,  742. 
in    Charge    of    hospitals,    extent    of    au- 
thority, 739. 
Eligible     for     appointment     in     Medical 

Corps,  733. 
Eligible  for  Medical  Reserve  Corps,   745. 
Part  of  Medical  Department,  728a. 
Sea  travel,  actual  expenses  only,  682. 
Travel   In  Alaska,  actual   expenses  only, 
681. 
CONTRIBUTIONS  : 

Employees   not  to   solicit  political,   172- 
176. 
CONVERSION  : 

of  Public  moneys.    See  Public  moneys. 
CONVICTS,  MILITARY.     See  Disciplinary 

barracks;  Military  prison. 
COOKING  : 

Line  officers  to  superintend,  610. 
Medical  officers  to  superintend,  743. 
COOK   INSTRUCTORS: 

Enlistment  of,  as  sergeants.  Quartermas- 
ter Corps,  506c. 
COOKS : 

Medical  Department,  pay,  695a. 

Medical  Department,  percentage  of,  766d. 

Pay,  695. 

Quartermaster    Corps,    number    and    pay, 

506a. 
Recruit  depots,  extra-duty  pay,  563b. 
Signal  Corps,  percentage  of,  890a. 


644 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


COPYISTS  : 

Authority  to  employ,  25. 

Restrictions  on  employment,  28. 
COPYRIGHT  : 

Registration  of  by  enemy.     See  Trading 
with    enemy.   License. 
CORPORALS : 

Medical   Department,   pay,   695a. 

Medical  Department,  percentage  of,  766d. 

Pay,    G97. 

Quartermaster  Corps,  number,  506a. 

Recruit    depots,    704b. 

Signal  Corps,   percentage  of,   890a. 
CORPORATIONS  : 

Agents   of,    acting   as    agents    of    United 
States,    1250. 

Enemy    officers,    etc.      See    Trading   with 
enemy. 

Members  of  Congress  interested  in,  1249. 
CORPS : 

Seo    also   Army    Corps. 

of  Cadets.     See  Military  Academy. 

Commander.      See   Corps   commander. 

of  Engineers.      See  Engineers,   Corps   of. 
CORPS    COMMANDER: 

Ordnance  officers  assigned   to   staff,   pay, 
816. 

Staff  officers  for,  source,  360. 

Staff  of,   358. 
COSTS : 

Court  of  Claims  may  allow,  298. 
COUNCIL  OF  NATIONAL  DEFENSE: 

Advisory   commission,   1618. 

Appropriation,    1621. 

Composition,    1617. 

Cooperation     in     standardizing     gauges, 
etc.,    1611a. 

Duties,  1619,  1619a. 

Expenses,  amounts  without  items,   1621. 

ExpeHSes,  itemized  account  of,  1621. 

Powers  and   duties   not  extended   by   ex- 
istence  of   war,    1619a. 

Regulations    for    conduct     of    investiga- 
tions,   1620. 

Subjects  for  investigation,   1619. 

Submission  of  reports,  1621. 

Subordinate     bodies     for     special     work, 
1620. 
COUNCILS : 

Payment  of  expenses,  restriction,.  408. 
COUNSEL : 

Condemnation    proceedings.    District    of 
Columbia,    263a. 

Employment  of,   prohibited,  138. 

Bx-employees  as,  prohibited,  140. 

for    United    States.      See    Attorney    Gen- 
eral. 
COUNTERCLAIMS.     See  Court  of  Claims. 
COUNTERFEIT  MONEY  : 

Disbursing  officers  to  stamp  or  mark,  414. 
COUNTERFEITING : 

Bonds,  bids,  public  records,  etc.,  penalty, 
131. 
COURT    OF   CLAIMS: 

Lee    also    Claims, 


COURT    OF    CLAIMS — Continued. 
,  Appeals — 

in  Actions  instituted  by  debtors,  295. 

to   Supreme  Court,   right  to,   296. 

to   Supreme  Court,   time  limit,  297. 

A  ITOUNEIS 

Furnished   by   Attorney   General,   293. 
for    United    States,    263. 
Costs — 

May  be  allowed  in  certain  cases,  298. 
Printing   record,   losing  party   to   pay, 

289. 
Counterclaim.      See,   thi-,  title,   Set-offs. 
Evidence — 

for  Claimant,  cost  of  taking,  28(5. 
Departments   may  be   called   upon   for, 

284. 
Furnished  by  departments,  139. 
Judgments   and  Decrees — 

Final,  bar   to   further   demand,   292. 
Interest  on  claims  from  date  of,  290. 
Payment,  full  discharge  of  claim,  291. 
Jurisdiction — 

over  Civil  War  claims  revoked,  2T7a. 
Concurrent    with   district    courts,    278. 
Disbursing   officers,   relief  from   losses, 

280. 
under  Eight-hour  law,  1222. 
Limitation  of  actions,  282. 
Restrictions    on,    281. 
of  Set-offs  and   counterclaims,  277. 
Suits    on    patents    for    use    of    United 

States,    299. 
New  Trial — 

Time     limit    within     which     must     be 

granted,    288. 
Petition — 

Form  as  to  allegations,  etc.,  283. 
Grounds  for  relief  must  be  shown,  285. 
Procedure — 

Where  debtor  alleges  no  settlement  in 

three    years,   294. 
Set-offs — 

Jurisdiction  over,  277. 

by    United    States    to    be    considered, 

239,    279. 
COURTS : 

Uni-hcd    States— 

Actions    in,    by    enemy,    etc.,    prior    to 

close    of    war,    1420o. 
Acts  done   under   regulations  of  Presi- 
dent not  to  create  liability  in,  14241. 
Certificate    of    appointment    of    Alien 

Property   Custodian   evidence   in   all, 

14241,    1424m. 
Certified    copy    of    record    of    appoint- 
ment   of    Alien    Property    Custodian 

evidence  in,   1424m. 
District    courts.      See   District    courts. 
Notice  from   Presid«^nt  that  person   is 

enemy,  etc.,   prima  facie  defense  in, 

1420r. 
Notice   from   President  that  person   is 

enemy,  etc.,  prima  facie  evidence  in 

prosecution,    1420s. 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915. 


645 


COURTS— Continued. 

United  States — Continued. 

Order    by    President    to    deliver    prop- 
erty  to  claimant  not  bar  to  suit  as 
to    right   to,    1424U. 
llight    of    enemy,    etc.,    to    defend    by 

counsel,    1420q. 
Suits   in   by   enemy  holding   license   to 
trade,   1420p. 
COURTS,  DISTRICT.     See  District  courts. 
COURTS    OF   INQUIRY: 
See  also  Articles  of  War. 
Accused     persons     may     testify     before, 

1253a. 
Eligibility  for  service  upon,  1385. 
Retired  officers  may  be  assigned  to  duty 
on,  958. 
COURTS-MARTIAL  : 

See  also  Articles   of   War, 
Composition —  , 

Retired  officers  may  be  members,  958. 
for  Trial   of  militia   officers   and   men, 

1343,  2  A.  W. 
Volunteer  and  militia  officers  eligible, 
1385. 
Fines,    Disposition    of-- 

Paid   into   Soldiers'   Home  fund,   1507, 
1507a. 
Geneual  Courts-Martial — 

Accused    persons    may    testify    before, 

1253a. 
Dismissal    of    officers    by,    in    time    of 

peace,   992. 
Enlisted     men    as    stenographers    for, 

1069. 
Jurisdiction    of,    not    limited    by    Es- 
pionage Act,   131751. 
National  Guard.     See  National  Guard, 

courts-martial. 
Reappointment  of  officers  dismissed  by, 
991. 
AT  Military   Academy — 

Superintendent      may      convene,      etc., 
1163. 
Militia.      See  Militia. 
National  Guard.     See  National  Guard. 

PlXISHMBNT 

Confinement  in  disciplinary  barracks, 
475c. 

Penitentiary  sentences  authorized, 
475c. 
Regimental — 

Jurisdiction   restricted,  §24. 
Sentences —  » 

Detained  pay,  repayment,  727. 

of  Dishonorable  discharge  may  be  sus- 
pended,   1049. 

of  Dishonorable  discharge,  pay  and 
allowances  during  exeoution  of  sus- 
pended, 727a,  1507a. 

Effect   on   promotion   of  enlisted    men, 
924. 
Trial  by.  Right  to — 

Cadets  charged  with  hazing,  1101. 

Officer  dismissed  by  President,  994. 


COXSWAINS  : 

Additional  pay  for  qualifying,  699a. 
Pay,    1086b. 
CRIMES  : 
See  Treason. 

Espionage.     See  National  defenses. 
Laws    of    States   adopted    for    punishing 

wrongful   acts,    1316b. 
Offenses  within  admiralty,  maritime,  and 
territorial  jurisdiction  of  U.  S.,  1310a. 
CUBA: 

Banks  in,  as  depositories  of  public  funds, 

182. 
Enlisted     service     in,     counted     double, 

1040,   1041. 
Military    details    under    Government    of, 

939. 
^ale  of  ordnance  to,  844a. 
CULLUM  MEMORIAL  HALL: 

Method  of  selecting  worthy  subjects  for, 
1180. 
CUMULATIVE    LEAVE: 

Employees,    Ordnance    Department,    serv- 
•     ing  abroad,  8571. 
Nurse     Corps     serving     outside     United 

States,   771,  772. 
of  Officers,  662,  664. 
CURRENCY : 

Transactions    in   foreign    exchange.      See 
Trading   with   enemy.  License. 
CUSTODIAN  : 

Records   of   War    Department,    Secretary 
to  be,  148. 
CUSTOMS : 

Collectors.     See  Collectors  of  customs. 
Duties,  employment  of  vessels  collecting, 

1434. 
House,      removal,      during     insurrection, 

1434. 
Officers,   appointment   and   compensation, 
1424. 
DALY,    CHARLES    P.  : 

Appointed  military  storekeeper,  513a. 
DAMAGES : 

to  Arms,   report   of,  836. 
DAUGHTERS    OF    AMERICAN    REVOLU- 
TION: 
Unlawful  wearing  of  badge,  penalty ,  1025. 
DEATH : 

Compensation.      See   Military   and   naval 

compensation. 
Ex-official,  department  not   to   be   closed 

on,   123. 
Spies,     sentence     of     in     time     of    war, 
82  A.  W. 
DEATH   OR  DISABILITY: 

See  Military  and  naval  compensation. 
DEBTORS : 

Dec«*ased,  priority  of  United  States,  221. 
Insolvent,  priority  of  United  States,  221. 
Priority  of  United  States,  failure  to  rec- 

ojinize,   222. 
SettK  nient  not  made  in  three  years,  pro- 
cedure, 294.  295. 


646 


MILITARY   LAWS  OF   THE   UNITED   STATES,   1915. 


DEBTS : 

See  also   Claims. 

Arrest  for,  enlisted  men  exempt,  1067. 

Auditors  to  superintend  recovery,  206. 

Distress  warrants,  execution,  226-228. 

Due  enemy,  report  of.     See  Trading  with 
enemy,  ^.lien  Property  Custodian. 

Due    United    States    by    employee,    with- 
holding pay,  693,  694. 

Method  of  enforcing  set-oCP,  239. 

Priority  of  United  States,  221,  222. 

Sale   of   lands    under   distress   warrants, 
229. 
DECEASED   EMPLOYEES  : 

Transportation  of  remains,  84. 
DECEASED      OFFICERS.       See      Officers, 

Army. 
DECEDENT    ESTATES: 

of  Army  officers.     See  Officers,  Army. 

of  Enlisted  men.  See  Enlisted  men. 
DECLARATION  OF  WAR.  See  War. 
DECORATION    DAY: 

Per  diem  employees  to  receive  pay   for, 
55.  ♦ 

DECORATIONS.     See  Foreign  decorations. 

DECREES : 

of  a   particular  court.     See  the  specific 
title. 
DEDUCTIONS  : 

from  Pay,  enlisted  men.     See  Pay  of  en- 
listed men. 
DEFENSE : 

Inventions  important  to,  1616. 
DEFENSIVE    SEA   AREAS: 

Transportation  of  explosives  over  waters 
constituting,    1315c,   1315d. 

Vessels  violating  regulations  as  to,  1315a, 
1315b. 
DEFICIENCIES  : 

Method  of  transmitting  estimates  of,  92. 
DEMOTIONS  : 

in  Classified  service.     See  Classified  civil 
service. 
DENTAL   CORPS: 

See  also  Dental  surgeon. 

Appointments,    qualifications,    etc.,    751, 
750d. 

Composition,  etc.,  750,  750d. 

Confirmation  by  Senate  of  surgeons,  rec- 
ommended, 750g. 

Contract  dental  surgeons.     See  Contract 
dental  surgeons. 

Dental    surgeons.     See    Dental   surgeons. 

Examining  and  reviewing  boards,  compo- 
sition,  750e. 

Number  of  officers,  750d. 

Part  of  Medical  Department,  728a. 

Pay  and  allowances,  750d. 

Promotions,  750d. 

Rank,   750d. 

Recommission  of  surgeons  in  active  serv- 
ice, 750f,  750g. 
DENTAL   STUDENTS: 

Regulations    for    enlistment   in    Enlisted 
Reserve  Corps,  1581a. 


DENTAL  SURGEONS: 

Appointment,  750a. 

Appointment    of    contract,    without    ex- 
amination,  752. 

Commutation  of  rations  to  acting,  668a, 
668b. 

Comprise    part    of    Medical    Department. 
728. 

Confirmation   by   Senate  prior  to   recom- 
missioning,   750g. 

Contract.     See  Contract  dental  surgeons. 

Detail  of  one,  to  Military  Academy,  755. 

Examination  for  promotion,  750c. 

Increased  to  thirty-one,  755. 

Longevity  pay,   time  served  as  contract, 
counted,   751. 

Majors,  750b. 

Number,   750a. 

Pay  and  allowances,  750,  750a. 

Promotions,  by  service,  750a. 

Qualifications  for  appointment,  750a. 

Rank,   750a. 

Recommission  of,  in  active  service.  Den- 
tal Corps,  750f,  750g. 

Retirement,    750. 

Travel  in  Alaska,   actual  expenses   only, 
681. 
DEPARTMENT : 

of  Justice.     See  Justice,  Department  of» 
.   of  the  Treasury.     See   Treasury  Depart- 
ment. 

of  War.     See  War  Department. 
DEPARTMENT  LIBRARIES: 

Depositaries    of    public    docu'xients,    125, 
125a. 
DEPENDENT    FAMILY: 

Discharge  on  account  of,  1044b. 

Discharge  on  account  of,  transportation, 
1349b. 

Discharge  or  furlough  to  reserve  on  ac- 
count  of,   1044a,    1044b. 

Support  of.  National  Guard,  etc.,  1347a- 
1347f. 
DEPENDENT  PARENT: 

Discharge   on    account   of,    1044,    1044a, 
1044b. 
DEPENDENT  RELATIVES  : 

Pensions  to.     See  Pensions. 
DEPOSITARIES  : 

Property.     See     Trading     with     enemy; 
Alien  property  custodian. 
DEPOSITARIES  OF  GOVERNMENT  PUB- 

LICATION^,  1173,  125a. 
DEPOSITARIES  OF  PUBLIC  MONEY  : 

See  also  Public  moneys. 

Annual    report    of    unchanged    balances, 
183,   183a. 

Banks  in   Philippine  Islands,   Cuba,   and 
Porto  Rico  may  be,  182,  182a. 

Certain  mints  and  assay  offices  to  be,  181. 

National  banking  associations  designated, 
182,   182a. 

Where  there  is  no  treasurer,  184. 
DEPOSITIONS  : 

See  also  Articles  of  War. 

Subpoenas  for  witnesses  for  taking,  134. 

by  Witnesses  as  to  claims,  135. 


MILITARY   LAWS  OF   THE   UNITED   STATES,   1915. 


647 


DEPOSITS : 

by    Disbursing    officers.     See    Disbursing 

officers. 
by  Enlisted  men.     See  Enlisted  men. 
of  Public  moneys.     See  Public  moneys. 
DEPOT  BATTERIES  AND  BATTALIONS  : 
National  Akmy — 

Draft,  organize  and  equip,  1636. 
DEPUTY  COMMISSARIES  : 

See  Military  and  naval  insurance. 
DEPUTY  PAYMASTERS  GENERAL : 
See  also  Paymaster  General. 
Duties,  620. 
DESERTION  : 

See  also  Articles  of  War. 

Aiding  or  enticing  soldiers  into,  penalty, 

1055. 
Applications  for  removal  of  charge,  453, 

454. 
Arrest  of  deserters  by  civil  officers,  106 

A.  W. 
Arrest     of    deserters,     who     may    make, 

1056-1058. 
Citizenship     not     forfeited     by,     during 

peace,    1052. 
Citizenship  rights  forfeited  by,  1050. 
Citizenship  rights  may  be  remitted,  1052. 
Deserters    not    entitled    to    bounty    land, 

1053. 
Deserters  not  to  be  reenlisted,  1027. 
Deserters  who  reenlisted  in  Navy  or  Ma- 
rines, 445. 
l)iiring  Civil  War,  certain  exempted,  443, 

1051. 
During  Mexican  War,  removal  of  charge, 

449,   450. 
Excluded  from  Soldiers'  Home,  1516. 
Harboring,  etc.,  deserters,  penalty,  1055. 
Pay     and    bounty     due    on    removal     of 

charge,  447. 
Pension  rights,  forfeited  by,  1054. 
Regulatious   as   to   family   allowances   in 

cases  of,  712k.» 
Removal   of   charge,   effect  on    pay,   etc., 

451. 
Removal  of  charge  from  rolls,  443. 
Removal    of   charge,    pay   for   period   ab- 
sent, 448,  452. 
Removal    of    charge,    restrictions    upon, 

450. 
Restored  deserters  from  Civil  War,  pen- 
sion, 446. 
Reward    for    apprehension    of   deserters, 

1056-1058. 
Secretary  of  War  may  remoVfe  charge  of, 

444. 
T'ESERT   LANDS: 

Affidavits  of  persons  in  armed  forces  as 

to.  before  whom  may  be  made,  12721. 
Enlisted  man  defined  for  purposes  of  act, 

1272h. 
Entry   by   claimant  prior   to   enlistment, 

1272f. 
Notice  of  master  into  service,  filing  of, 

1272g. 
Suspension  of  requirements  as  to  persons 

in  military  service,  1272e. 


DETACHED      NONCOMMISSIONED      OF- 
FICERS : 
Part  of  Regular  Army,  331a. 
DETACHED   OFFICERS: 

National  defense  act,  effect  on,  1106a. 
Part  of  Regular  Army,  331a. 
DETACHED  OFFICERS'  LIST: 

Constructive    dates    of    original    commis- 
sion, 929g,  929h. 
Details  from  each  arm,  929d. 
Details  to  future  vacancies,  929f. 
Includes    detached    olHcers    under    prior 

law,  929a. 
Increase  for  duty  with  National   Guard, 

929a. 
Law  governing  details  applicable  to,  929a. 
Manchu    law   to   govern    assignments    to, 

929e. 
I'roportional  number  authorized,  925b. 
Second  lieutenants  excluded  in  determin- 
ing proportional  number,  929b. 
Seniority  in  grade  or  arm,  929h. 
Vacancies,  filling  by  detail,  929h. 
Vacancies,  filling  by  promotion,  929c 
Vacancies,  filling,  future,  929f. 
DETACHED  SERVICE: 
See  also  Details. 

Limitations    on,    penalty    for    violation, 
•  384,  937,  938J,  938Ja. 
Staff  duty,  certain,   deemed  with  troops, 
938. 
DETACHMENTS: 

of  Enlisted  men  at  remount  depot,   541, 

1070. 
of  Enlisted  men  at  service  schools,  1183. 
in  Hospital  Corps,  organization,  76. 
of  Marines   serving  with  Army,   rations, 
590. 
at      Military     Academy.       See     Military 

Academy, 
of   Navy,    on   shore  duty,   equipage,   etc., 

517,  590. 
Remount.     See  Remount  detachments. 
at  Service  schools,  organization,  1183. 
DETAILS  : 

See  also  Detached  service. 
Clerks — 

from  Bureaus  to  General  Staff  forbid- 
den, 363. 
to  Commissions,  boards,  etc.,  408. 
of    Departments    to   duty    In    office    of 
President,  12,  12a. 
'  of  Executive  departments,  restrictions, 
34. 
from  Field  service  to  departments,  29, 

30,  32. 
from  General   Staff  to  bureaus  forbid- 
den, 31,  363,  362b. 
from   Government   Printing   Office,    re- 
striction, 33. 
Statement   of,    in    Book    of   Estimates, 
102. 
Employees — 

See  also,  this  title.  Clerks. 
Duty    outside    District    of    Columbia, 
205o. 


648 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


DETAILS— Continued. 
Employees — Continued. 

from  Field  service  to  departments,  29, 
30. 

Outside     District     of     Columbia,      re- 
stricted, 30a. 

as    Telegraph     operators,     on     Capitol 
lines,  127. 
Knli.sted  Men — 

See  also  Detachments. 

as  Assistant  to  commissary  of  cadets, 
1136a. 

to  Colleges,  1561,  1563. 

to   Extra  duty,   for   10  days   or  more, 
565. 

to  Extra  duty,  while  in  field,  566. 

of  Hospital  Corps  as  acting  stewards, 
767. 

Instructors  to  rifle  clubs,  954e. 

with  National  Guard,  1332b. 

at      National      Guard      Encampments, 
1328c. 

of  Ordnance  Department  as  artificers, 
822. 

to     Quartermaster     Corps,     to    be     re- 
placed, 505. 

for  Recruiting  duty,  704a-704c. 

to    lioserve    Officers'    Training    Corps, 
1561. 

Restrictions  on  suspended,  9385a. 

Rotirrd  on  recruiting  service,  1392. 

as     Stenographers     of     courts-martial, 
1069. 
Noncommissioned  Officers — 

with  Disciplinary  organizations,  1332a. 

with  National  Guard,  1332a. 

to    Reserve    Officers'    Training    Corps, 
1561. 

Retii^pd  on  recruiting  duty,  1392. 

Retired  to  colleges,  etc.,  946. 

at  Rifle  ranges,  553c. 

Restrictions  on  suspended,  938ia. 
Officers — 

as  Acting  inspectors  general,  459b. 

as   Acting   judge   advocates,   384.    409, 
469a. 

on  Aviation  duty,  384,  8*9. 

to   Aviation   Section,   88^c-889e,   889k, 
S89r,   889s,  929ia. 

of  Cavalry,  on  regimental  staffs,  1077. 

Chiefs   of   staff.    National    Guard   divi- 
sions, 1325k. 

to    Colleges,    etc.,    as    instructors,    943, 
944,   1560,   1563. 

Corps  of  Engineers,  to  command  regi- 
ments,  790f. 

Cuba,  939. 

to  Detached  officers'  list,  929d-929h. 

as  Director  of  civilian  marksmanship, 
1580. 

to  Division  of  Militia  Affairs,  as  chief, 
371. 

Eligibility,  prior  service  in  staff,  379. 

Eligible  for,  restrictions  on,  384,  937- 
938i. 

of     Field     Artillery     for     instruction, 
1183b. 


DETAILS— Continued. 
Officers — Continued. 

of      Field      Artillery      on      regimental 
staffs,   1090. 

Field,    restrictions,    limited,   938^. 

to  Foreign   countries,  Cuba  and  Pana- 
ma,  939. 

to     General     Staff    Corps,    365.     odoa, 
365b,   366. 

as  Indian  agents,  940,  1396-1398. 

Indian    education,    942a,   942b. 

of  Infantry,  on  regimental  staffs,  1100. 

as  Instructors  in  military  tactics,  943, 
944. 

to    Insular    Bureau,   as   additional    as- 
sistant,   159. 

to   Insular   Bureau,   as   assistant.    I."i8, 
937. 

to    Insular    Bureau,    as    chief,    restric- 
tion  on,   384. 

of  Line,  restrictions,  937. 

"  Manchu    law,"    937. 

of     Medical     Department     with      R<'d 
Cross,   728b. 

to  Military  Academy,   1108,  1109. 

to    Military    Academy,    associate    pro- 
fessor   of    mathematics,    1117a. 

to   M'litary   Academy,  dental   surgeon, 
755. 

with     Militia,     District    of    Columbia, 
959,    1373,    1374. 

with     Militia,     inspectors,     etc.,     \:V,VZ, 
1333. 

with   National   Guard,   1332b. 

at      National      Guard      encampments, 
1328c. 

with    National   Guard,    temporary    pro- 
motions on  account  of,  1332o-13:i2f. 

of  Navy,   to   inspect   Army   transports, 
306. 

in    Ordnance    Department,    384,    812- 
815,    812a,    813a. 

in     Ordnance     Department,     students, 
813b. 

to    Panama,   939. 

in   Pay  Department,  617,  618. 

to    Philippine    Constabulary,    as    chief, 
etc..    384,    941. 

of  Porto  Rico  Regiment,  345b. 

to  Porto   Rico  Regiment,  to  command, 
345a;   384. 

in  Quartermaster  Corps,  495,  497.  •"•08, 
510,   511. 

to  Quartermaster  Corps,  as  Chief,  .'lOI. 

Reser\^  Officers'  Training  Corps,  1560. 

Restrictions  on,  384,  937-9381,  9:584a. 

Restrictions    on    suspended,    938^ a. 

Retired,    as   adjutant   general    D'strii  t 
of   Columbia  Militia,  950. 

Retired,  to  active  duty,  rank  and  pa.v, 
958f. 

Retired,  to  colleges,  etc.,  945-950. 

Retired,  to  Organized  Militia,  957.  958. 

at   Rifle   ranges,    553c. 

to   Signal  Corps,  887,  888. 

to     Signal     Corps,     Aviation     Section, 
889c-889e. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


649 


DETAILS— Continued. 
Opficeus — Continued. 

to   Staff  Corps,   temporary,   1332d. 
to   Staff    Departments.      Pee    Staff    de- 
partments. 
Study  of  law,  forbidden,  469b. 
in  Subsistence  Department,  582,  583. 
DETAINED    PAY.  ,    See    Pay    of    enlisted 

men. 
DIPLOMATIC   OFFICE  : 

Acceptance  of,  by  officers,  effect,  997. 
DIPLOMATIC   OFFICER  : 

Foreign      goA'ernment,      punishment      for 
falsely  pretending  to  be,  1671. 
DIRECTOR: 

IJureau    of    War    Risk    Insurance.       See 
Bureau  of  War  Risk  Insurance. 
DIRECTOR    OF    CIVILIAN    MARKSMAN- 
SHIP,   1580, 
DISABILITY  : 

of  Artisan  or  laborer.     See  Laborers. 
Federal  employees.     See  Injuries  to  Gov- 
ernment employees. 
Military    control   prior  to   discharge   for, 
1483CCC. 
DISBURSEMENT  OF  PUBLIC  MONEY  : 
for    a    particular    purpose    or    office,    sec 

specific   title. 
Abrogii.      See  Accounts,   Military   Estab- 

lisltment. 
Accounting  officers.     See  Accounting  offi- 
cers. 
Accounts.       See    Accounting     of    public 

money. 
■Additional    compensation   not   to   be  paid 

for,    170. 
Appropriations.      See  Appropriations. 
Auditors.      ^(^  Auditors. 
Dislmrsing  officers.      See  Disbursing   offi- 
cers. 
in    Excess    of    appropriations    prohibited, 

189. 
by     Officers     as     agents     of     officers     of 

Quartermaster   Corps,    499a. 
Reports  of,  to  be  made  to  Congress,  413. 
Requiring  receipt  in  excess  amount,  418. 
Special  agents  for,  to  give  bond,  248. 
DISBURSEMENTS  : 

Quartermaster    Corps    officers    to    make, 
689,   689a-689c. 
DISBURSING    AGENTS: 

Special    for    appropriation    for    auditing 
accounts,   205q. 
DISBURSING    OFFICERS: 

in  a  particular  office  or  service,  see  the 
office    or    service;    see    also    Disburse- 
ment of  public  money. 
Accounts — 

See  also  Accounts,  Military  Establish- 
ment. 
Accessible    to    accounting    officers    of 

Treasury,    124. 
Accurate    entry    ot   each   deposit,   etc., 

409. 
Administrative  examinations,  198. 
Audit  of  at  place  other  than  seat  of 
Government,    205a. 


DISBURSING    OFFICERS— Continued. 
Accounts — Continued. 

Auditing  accounts  of,  investigation   of 

method,    40e, 
Disl)ursements     to     be    by    distinctive 

items,    410. 
Failure  to  render,  422. 
Inspections  by  Inspector  General,  401. 
Inspections  by  Secretary  of  War,  412, 

413. 
Monthly,  according  to  appropriations, 

416. 
Mdntbly,    to    bureaus    to    which    they 

pert.iin,   415. 
Payment    of    certificates    of    balances 

abroad,     205d. 
of  Premiums  on  sale  of  Treasury  notea, 

etc.,   402. 
Report   of  auditors   as   to   outstanding 

checks,    183a. 
Report    of    unchanged    balances.    ISB, 

183a. 
Return     of     checks    unpaid     for    tiiree 

years,  241. 
Unchanged  balances  covered  into  Tr(  as- 
.    ury,   244. 
Advances  of  Public  Money — 

Excepted     from     prohibition     against, 

407. 
Appointment,   salary,   and   duties,   23. 
Bond — 

of  Acting  disbursing  clerks,  24. 
Examination  as  to  sufficiency,  etc.,  394. 
Failure  to  examine,  effect,  396. 
Liability     of     principal     under,     when 

ended,    396. 
Limitation  on  liability  of  sureties,  398. 
President   may   regulate  and   increase, 

388. 
Renewal  every  four  years,  395. 
Required,   23. 

of  Special  agents  employed,  248, 
Sureties  to  be  notified  of  deficiencies, 

397. 
Court  of  Claims,  Relief  in— 
'  Decree  by,   280. 
Jurisdiction  of  courts,  277. 
Credits   for   payments   to   allottees,    712, 

712a. 
Duplicate    Checks — 

Lost  or  stolen,  etc.,  245,  245a. 
Officer  drawing  original  dead,  245. 
Duties — 

Account  for  premiums  or  sale  of  notes, 

etc.,    402. 
Allotments  to  be  paid  designated  allot- 
tees by,   712. 
Counterfeit    money    to    be   marked    by, 

414. 
to  Deposit  excess  money  in  Treasury, 

400. 
to   Deposit   money   intrusted    to   them, 

399. 
Enumerated,    23. 
to  Keep  accurate  entry  of  each  deposit, 

etc..   409. 


650 


MILITAKY   LAWS   OF    THE   UNITED   STATES,   1915. 


DISBURSING    OFFICERS — Continued. 
Examination    of    books,    etc.,    by    repre- 
sentatives of  auditor,  205k. 
Examination    of    books,    etc.,    by    repre- 
sentatives of  comptroller,  205k. 
Military    establishment.      See    Accounts, 

Military   Estahlishment. 
Offenses — 

Accepting   receipt   for   funds   not   paid 
out,  426. 

Certificate,  making  false,  429. 

Conversion  of  public  moneys,  419,  420. 

Deposits,  failure  to  make,  422. 

Embezzlement,  419,  420,  428. 

Embezzlement,  prima  facie  evidence  of, 
424,    425. 

Exchange  of  funds  by,  penalty,  401. 

False  entry,  171. 

Receipt    in    excess    amount,    requiring, 
418. 

Rendering  of  accounts,  failure  in,  422. 
Ordnance    Department,    designate    other 

officers  to  handle  public  funds,  832a. 

QUAUTBRMASTBR     CORPS 

Payments    to   reserve   oflacers   and   en- 
listed men.  Aviation  Section,  ^nal 
Corps,    879k. 
Statutes  construed  for,  202. 
DISBURSING  OFFICERS,  ARMY: 

Accounts,    deposits,    etc.,    inspection    of, 

4G1,    462. 
DISCHARGE: 
Clerks — 

Restrictions  on,  40,  41. 
Enlisted  Men — 

Certificate,  forging,  etc.,  penalty,  131a. 

Certificate    issued    under    true    name, 
1048. 

Certificate  lost,  etc.,  replacing,  1047. 

Certificate  to  be  returned  after  settle- 
ment of  accounts,  214. 

for      Disability,      baggage      allowance, 
721a. 

Dependent  family,  1044b. 

Dependent    family,     furlough     to     Re- 
serve or,   1044a. 

Disability,  military  and  naval  control 
prior   to,    1483ccc. 

Dishonorable,   etc.,   effect  on   death   or 
disability  compensation,  1483ooo. 

Dishonorable,   enlisted   strength   exclu- 
sive  of,   332g. 

Dishonorable,    execution    may    be    sus- 
pended,   1049. 

Dishonorable,    pay    during    suspended 
sentence,   727a. 

Final  at  end  of  reserve  period,  1031e. 

Forging,    etc.,    certificate    of,    penalty, 
131a. 

Honorable,    on    account    of    dependent 
parent,  1044,  1044a,  1044b. 

Honorable,  on  removal  of  charge  of  de- 
sertion,  451. 

National    Guard,    on    termination    of 
emergency,    1031hJ. 

National     Guard,     travel     allowance, 
1045b. 


DISCHARGE — Continued. 
Enlisted  Men — Continued. 

by    Purchase    in    time    of   peace,    1043, 
1043a. 

Receiving    dishonorable,    reenlistment, 
1052. 

Receiving  expenses  of  sea  travel,  1040, 

1046a. 
.  Receiving     honorable,     preference     to, 
164,   165. 

Receiving  honorable,  transportation  al- 
lowed, 683,   721. 

Receiving  transportation  to  which  en- 
titled,  1045,   1045a. 

Regular     Army,     on     termination     of 
emergency,   1031h|. 

Restrictions   until   expiration  of  seven 
years'  service,  1031,  1031a. 

Returning  home,  entitled  to  wear  uni- 
form,  1010b. 

Sea   travel,   1046,    1046a. 

Travel  allowance,  1045,  1045a,  1045b. 

Volunteers  to  date  from  muster  out  of 
organizations,   1383f. 
Officers — 

See  also  Officers,  Army. 

Actual  expenses  only  for  sea  travel  on, 
683. 

Certifl^cate  of  lost,  etc.,  replacijig,  1047. 

Evidence  of,  returned  after  settlement 
of  accounts,   214. 

Honorable,    on    failure    on    reexamina- 
tion,  930. 

Honorable,  travel  allowances,  684. 

of  Medical   Corps,  failure  in  examina- 
tions,   735,    736. 

Supernumerary,  after  five  years'  serv- 
ice, 998. 

Volunteers,  certificates  of  nonindebted- 
ness  on  1383g-1383i. 

Volunteers  to  date  from  muster  out  of 
organization,    13831. 
DISCIPLINARY  BARRACKS : 
See  also  Military  prison. 
Branch  Barracks — 

Authorization,  476a. 
Commandant — 

Authorized,  480a. 

Powers  and  duties,  481a. 

Record  of  good  conduct  kept  by,  481a. 
Control — 

Vested  in  The  Adjutant  General,  477a. 
Creation,  475a,  475b. 
Detachment — 

Composition,'  704. 

Pay  of  enlisted   men,   704. 
Detention    in — 

Sentences  of,  authorized,  475c. 
Disciplinary  Companies — 

Arming,  etc.,  authorized,  481b. 

Authorized,  481b. 

Detail  of  sergeants  with,  1332a. 

National  defense  act,  effect  on,  1106a. 

Noncommissioned  officers  detailed  from 
line,  480a. 

Organization,   481b. 

Part  of  Regular  Army,  331a. 


MILITARY  LAWS   OF   THE  UNITED  STATES,   1915 


651 


DISCIPLINARY    BARRACKS— Continued. 
Enlisted     men.      See    this    title,    Prison 

guard. 
Government.     See  this  title,  Control. 
Military  prison  changed  to,  475a,  475b. 
Noncommissioned  oflScers,  additional  for, 

1332a. 
Officers — 

Composition,  480a. 
Detailed  by  Secretary  of  War,  480a. 
Prisoners — 

Clemency  to,  authorized,  488a. 
Disciplinary  Companies.     See  this  title. 

Disciplinary  companies. 
Employment  at  trades,  etc.,  authorized, 

481a. 
Manufacture  of  military  supplies,  487. 
Parole  authorized,  488b. 
Record  of  good  conduct  liept,  481a. 
Remission'  of  portion   of   sentence   au- 
thorized, 488a. 
Restoration   to  duty  authorized,   488a, 
488b. 
Prison   Guard.      See  also  this  title,   De- 
tachment. 
Battalion    sergeant    major    authorized. 


Detail  of  enlisted  men  to,  480a. 
Enlisted  men  assigned  from  line,  480a. 
Enlisted    men,    organization    and    pay, 

704.     . 
Extra-duty  pay,  563a,  563c. 
National  defense  act,  effect  on,  1106a. 
Organization,  1104,  480a. 
Part  of  Regular  Army,  331a. 
Regulations  to  be  prescribed  by  Secretary 
of  War,  481a. 
DISCIPLINE.     See  Articles  of  War. 
DISEASES.     See  Contagious  Diseases. 
Injury  includes  as  to  compensation,   in- 
surance, etc.,  1483cc. 
DISLOYALTY : 

Causing,  punishment,  1317Jd. 
DISMISSALS  : 

in  Classified  service,  40. 
DISI&ISSBD  OFFICER.     See  Officers,  Army. 
DISTANT  STATIONS: 

Advances  of  money  to  persons  on  duty  at, 

407. 
Advances  of  pay  to  persons  on  duty  at, 
649. 
DISTILLED  SPIRITS: 

See  Food  and  fuel  conservation. 
DISTILLERIES  : 

in  Indian  country.     See  Indian  country. 
DISTRESS  WARRANTS  : 

Against  delinquent  custodians,  224. 
Disposal  of  surplus  moneys  after  satisfy- 
ing, 230. 
Execution,  method  of,  226,  227. 
Form  and  contents  of,  225. 
Injunction  to  restrain,  234,  235. 
Issued,  when  and  by  whom,  231. 
Jurisdiction   of,   232. 
Levy   made   in   pursuance  of,  to  become 
lien.   228. 


DISTRESS   WARRANTS— Continued. 

Other  remedies  of  United  States  not  af- 
fected by,  236. 

Persons  aggrieved  by,  relief,  234,  235. 

Postponement  of  issuance  of,  233. 

Sale  of  lands  under,  method,  229. 
DISTRIBUTION  OF  PUBLICATIONS: 

by  Public  Printer,  exceptions,  85. 
DISTRICT   ATTORNEYS: 

Duties  in  iibel  cases,  food  and  fuel  con- 
servation,  1699. 

Duties  in  protection  of  civil  rights,  1447, 
1451. 

Fees  in  civil  rights  cases,  1451. 
DISTRICT  BOARDS: 

See  National  Army,  Draft. 
DISTRICT  COURTS: 

Empowered     to    issue    writs    of    habeas 
corpus,  266. 

Jurisdiction  as  to  rules,  orders,  etc.,  un- 
der trading  with  enemy  act,  1425tt. 

Jurisdiction  over  claims,  278. 

Jurisdiction   over  offenses  on   high   seas, 
300,   301. 
DISTRICT  OF  COLUMBIA  : 

Accountants,     payments     to,     restricted, 
81a. 

Accounts  of  officers  in,  accessibility,  212. 

Adjutant  General,  appointment,  1335b. 

Advertising  in  newspapers  in,  1203,  1204. 

Appointments  to  Military  Academy  from, 
1144. 

Buildings  in  public  grounds,  etc.,  1279bi. 

Certificate  of  inspection  of  fuel  in,  1244. 

Condemnation     proceedings,     employment 
of  counsel,  263a. 

Detail  of  employees  outside  of  restricted, 
30a,   205o. 

Discrimination  against  Army,  uniform  in, 
1010. 

Employees  detailed  for  duty  outside   of, 
30a,  205o. 

Employees    in    Officers'     Reserve    Corps, 
leaves  of  absence,  1549a. 

Employees  of,  in  Officers'  Reserve  Corps, 
restoration,  1544a. 

Employees   of,    absence   on   militia    duty, 
1331a,  1331b. 

Flag,  desecration,  1529a. 

Fuel  used  in,  inspection,  1242-1244, 

General  Staff  officers,  duty  in,  369a. 

Holidays  in,  days  constituting,  53. 

Home  guards.     See  Home  guards. 

Inspection  of  fuel,  1243. 

Lease  of  Armory,  etc.,  for  militia,  1372a. 

Lease  of  storage  accommodations   in   by 
Executive  departments,  99b. 

Local  exemption  boards,  National  Army, 
1646-1648. 

Militia.     See  Militia. 

Open-market   purchase   of   supplies,   etc., 
outside,  limitation,  1196a. 

Per  diem  allowance  for  employees  travel- 
ing outside  of,  96c,  96d. 

Price  of  gas  to  public  buildings  In,  122a. 

Public  grounds.     See  this  title  Buildings 
in  public  grounds. 


652 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


DISTRICT    OF    COLUMBIA— Continued. 
Punishment,  failure  of  (ffieers  to  perform 

duties     under     Selective     Service     act, 

1660. 
Quota  for  National  Army,  1639,  1645. 
Red   Cross,   temporary  building  in   public 

grounds,  1279c,  1279d. 
Rental  of  buildings  in,  99,  99a,  99b,  118, 

120,  1372a. 
Revised  Statutes,  relating  to  title.  311. 
Selective  Service  Act,  utilize  services  of 

ofllcers  of,  in  its  execution,  1657. 
Storage    accommodations    in.       See    this 

title     Lease     of     storage     accommoda- 
tions. 
Temporary  buildings  for  War  Department 

in  Smithsonian  Grounds,  1279e. 
DIVISION  : 

Composition,  356,  356a,  357. 
Composition  of  staff  of  commander,  359. 
Composition   of  typical,   in   time  of  war, 

356a,  356b. 
Infjintry.     See  National  Army,  Infantry 

Divisions. 
Ordnance  officers  on  staff  of  commander, 
.     816. 

Organizations    may    be    Increased    or    de- 
creased, 356b. 
Signal  Corps,  organization,  8901,  890.1. 
Staff  officers,  may  be  volunteers,  360. 
DIVISION    OF    INSULAR   AFB^AIRS.      See 

Insular  Affairs,  Bureau  of. 
DIVISION   OF   MARINE  AND   SEAMEN'S 

INSURANCE.      See    Bureau    of    War- 
Risk  Insurance. 
**  DOCKERY  ACT  "  : 

Accounts  to  be  examined  under,  198. 
DOCUMENTS  : 

See  also  Books;  Records. 
Appropriations    chargeable    for    printing, 

etc.,  114. 
Authorized   number   not   to   be   exceeded, 

117. 
Distribution     to     be     made     by     Public 

Printer,  85. 
Illustrations  In,  limitation  on,  116. 
Libraries  of  departments  depositaries  of 

public,  125,  125a. 
Restrictions  on  printing  by  departments, 

113. 
Unlawful,    concerning   national    defenses, 

penalty  for  making,  etc.,  1317^. 
DOMESTIC  VIOLENCE: 

Use  of  militia  to  suppress,  1418. 
DONATION  OF  LANDS  : 

Acceptance   for   military   purposes,   802c. 
for  Aviation  fields,  1274a. 
for  Aviation  stations,  889qq. 
Fortifications,   acceptance,   802c. 
for  Remount  stations,  1274a. 
as  Sites  for  fortifications,  804. 
for  Stations,  1274c. 
DOORKEEPER : 

at  White  House,  513. 
DOUBLE  SALARIES: 

Exceeding  $2,500,  exceptions,  169. 
Exceeding  $2,000,  exceptions,  169a,  169b. 


DOUBLE  TIME: 

Counting  for  retirement,  officers  of  Phil- 
ippine Scouts,  339b. 
DOUGLAS,  FORT,  UTAH  : 

Citizens'  Training  Camp,  1578. 
DRAFT: 

See  this  heading  National  Army;  Selec- 

tive-nervice  draft. 
to     Fill      reserve     battalions.     National 

Guard,  1325t. 
of  National  Guard.     See  National  Guard, 
Federal  Service. 
DRAFT    ANIMALS: 
See  also   Horses. 

Restriction  upon  purchase,  537,  538. 
DRAFTS.     See  Checks. 
DRAFTSMEN : 

Chief   of   Ordnance   may    employ.   818. 
Chief   Signal   Officer  may  employ,   895. 
Employmont  of,  restrictions,  27,  28. 
DREDGING.     See  River  and  harbor  work. 
.DRUM    MAJORS  : 

Pay,   701. 
DUES: 

Payment   from   public   money  prohibit<Hl, 
.  81. 
DUPLICATE    CHECKS: 

Issuance   of,   by   disbursing  officers,   245, 
245a. 
DUPLICATION   OF   WORK.      See  Aircraft 

Board. 
DUTIES  : 

Customs  duties.     See  Customs. 
of  Officers.     See  the  officer. 
EASEMENTS: 

for  Telephone,  electric,  etc.,  lines,   1283. 
EDUCATION  : 

Soldiers.      See   Vocational  trainiiig. 
EDUCATIONAL    INSTITUTIONS  : 

See  also  Colleges;  Schools;  Reserve  Offi- 
cers' Training  Corps. 
Ammunition,  etc.,  for  Instructions,  831a, 

955b. 
Appointment    of    National    Army    officers 

from   certain,   1630. 
Commutation    for    uniform    supplied    by, 

1562a. 
Details  of  officers,  etc.,  at.     See  Details. 
Issue  of  old-model  ammunition  to,  955a. 
Issue   of   quartermaster    supplies    to,    for 

instruction  camps,  954c,  1562,  1563. 
Issue  of  targets,  etc.,  to,  954d. 
Sale  of  Army  supplies  to,  951a,  951b. 
Sale  of  ordnance  property  to,  951c. 
EFFICIENCY,  BUREAU  OF: 

Created    as    independent    establishment, 

40b. 
Duplication  of  worlc.  Investigation  as  to, 

40d,    40j. 
Duties,    40c-40j. 

Efficiency   ratings,   establishment   of   sys- 
tem of,  40c,  40d,  401. 
EFFICIENCY    RATINGS  : 

of  Civil-service  employees,  40,  40c,   40il. 
401. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


653 


EIGHT-HOUR   LAW: 

Alien  labor,  Canal  Zone,  not  covered, 
1225,    1226. 

Contractors  penalized,  right  of  appeal, 
1222. 

Date  effective,   1225. 

General  provisions,  1218,  1219. 

Notional  emergency,  suspension  of,  in 
time  of,  1223,  1223a. 

Naval  vessels,  contracts  for,  governed 
by,    1228-1230. 

Ordnance  purchased  from  firms  observ- 
ing, 1231. 

Overtime  work,  rate  of  pay  for,  1223b. 

Penalty  for  violation,   1220. 

President  may  waive,  during  time  of  war, 
1223,   1223a. 

Previous  contracts  not  affected,  1221. 

Public  works,  contracts  governed  by, 
1219. 

River  and  harbor  work  under,  1232. 

Supplies  and  services  excepted,  1223, 
1223a. 

Testes   of   cannon,   contracts   to   include, 
1231. 
ELECTIONS  : 

Presence  of   troops  at,   forbidden,   1457— 
1461. 
ELECTRICIANS  : 

Casemate.     See  Casemate  electricians. 

Master.     See  Master  electricians. 
ELECTRICITY  : 

for  Executive  departments,  contracts  for, 
1197. 

Sales  of  surplus  from  Government  plants, 
521,  521a.   521b. 
ELECTRIC  POWER  COMPANIES  : 

Right  of  way  for,  over  public  lands,  1283. 
ELIGIBILITY,  CERTIFICATES  OF: 

Holders    of,    rights    and    liabilities,    923, 
924,   14  A.   W. 
EMBARGO : 

on    Military    transportation,    prohibited, 
525a. 
EMBEZZLEMENT  : 

By  a  particular  officer  or  of  a  certain 
class  of  property.  See  the  specific 
title. 

See  also  Articles  of  War. 
EMERGENCY    RATIONS: 

See  also  Rations,  Army. 

Where  issued,  to  be  in  addition  to  regu- 
lar, 595. 
EMPLOYEES : 

See  also   Officers. 

Abroad,  sale  of  Army,  stores  to,  205t. 

Armories  and  arsenals,  leaves  of  ab- 
sence,   857d-867h. 

Bonus,  cash  reward  or  premium  to, 
864a,    864b. 

Civil  employees  of  Military  Establish- 
ment.    See  Civilian  employees. 

of  Executive  departments.  See  Execu- 
tive   departments. 

Ordnance  Department,  repeal  of  monthly 
pay  provision,   854b. 


EMPLOYEES— Continued. 

Temporary — 

War  Department,  28a-28c,  44d. 
War    Department,    report    to    Congress 
as  to  number,  etc.,  28b,  44d. 
EMPLOYMENT  : 

Preference  given  to  discharged   soldiers, 
165. 
EMPLOYMENT  OF  MILITARY  FORCE  : 

See  also  Neutrality  j  Vessels. 

in  Alaska,  as  posse  comitatus,  1477. 

Compelling  foreign  vessels  to  depart, 
1473,    1473a. 

During   insurrections.     See   Insurrection. 

at  Elections  prohibited,  1457-1461. 

to  Enforce  neutrality  of  United  States, 
14  "Og,  1469V,  1472,  1472a,  1473. 

in  Enforcement  of  civil  rights,  1449,  1454. 

Enforcement  of  regulations,  etc.,  for  ves- 
sels in  ports  of  United  States,  14691, 

Enforcement  of  title  as  to  arms,  etc.,  in- 
tended for  export,  14751. 

by  Governor  of  Hawaiian  Islands,  1478. 

Guarding  .persons  extradited  for  crimes, 
1476. 

in  Indian  country.     See  Indian  country, 

in  Mexico,  justified,  1475a,  1475b. 

Movement  of  trains,  etc.,  in  time  of  war, 
obstructing,   525c. 

as  I'osse  comitatus,  prohibited,  1480. 

to  Prevent  discrimination  against  Ameri- 
can vessels  or  citizens,  1469g. 

to  Prevent  vessels  departing  without 
clearance,   1472a. 

to  Protect  rights  of  discoverer  of  Guano, 
1479. 
ENCAMPMENTS  : 

of  Militia.     See  Militia.         ^ 

of  National  Guard.  See  National  Guard, 
training;  Reserve  Officers'  Training 
Corps. 

Rosettes  or  knots  for  attendance  of  en- 
listed Reserve  Corps  at,  1583. 
END  OF  THE  WAR  : 

Defined.     See  Trading  with  enemy. 
ENEMIES  : 

See  also  Trading  toith  enemy. 

Alien,  not  admitted  to  citizenship,  1064a. 

Possession  of  vessels  belonging  to,  within 
jurisdiction  of  United  States,  1415b, 
•1415c.' 

Vessels,    board    to    ascertain    value    of, 
1415c. 
ENEMY : 

See  Trading  toith  enemy. 
ENGINEER : 

Battalions.     See  Engineers,  Corps  of. 

Companies.     See  Engineers,  Corps  of. 

Detachment  at  Military  Academy,  1171. 

Detachments,  part  of  Regular  Army,  331a. 

School,  equipment  and  maintenance,  11S4. 

School,  purpose  of,  1183. 
ENGINEERS  : 

Restrictions  on  employment  of,  27. 
ENGINEERS.  CORPS  OF  : 

Appointment — 

from   Cadet   Corps,  number,  etc.,   785, 
786. 


654 


MILITARY   LAWS   OF    THE   UNITED    STATES,   1915. 


ENGINEERS,    CORPS    OF — Continued. 
Appointment — Continued. 

from  Civil  life,  age,  etc.,  786. 

Officers  of  Army,  786a. 

Officers  of  Navy,  786a. 
Appkopbiations — 

Settlement    of    transactions    between, 
808. 

Subscriptions  may  De  paid  in  advance, 
801. 
Assistant  band  leader,  pay,  695a. 
Band — 

Organization,  792,  792a. 
r?and  leader,  pay,   695a. 
Battalions — 

Details  to.     See  this  title.  Details. 

Medical  personnel  of  Volunteers,  1385. 

Mounted,  organization,  790d,  790e. 

Organization,  793,  790b-790e. 

Personnel,  increase,  790c,  790e. 
Battalion  supply  sergeant,  pay,  695a. 
Chaplain,  authorization  of  one,  904. 
Chief  of  Engineers.     See  Chief  of  Engi- 
neers. 

CO>IPANIES — 

Mounted,  organization,  790d,  790e. 
Officers  for  command,  794. 
Organization,  790b,  790c. 
Personnel,  increase,  790c,  790e. 
Strength  of,  795,  796. 
Composition,  784,   784a,  785,  790b-790e. 
Details — 

to  Battalions  and  commands,  794. 

Limitation  on,  789. 

to   Superintend   construction  of  public 

works,  807. 
as    Superintendent,    War    Department 

BuiNing,  154. 

DlSBDlCSEMENT  OF  PUBLIC  MONEYS 

by  Officers  on  work  under  their  control, 
807. 
Electrician,  pay,  695. 
Employment    of    additional    persons    in, 

161. 
Enlisted  Men — 

Composition,  790,  784a. 

to  Constitute  part  of  line  of  Army, 
791,   791a. 

Duties  and  instruction,  797. 

Equipment  and  supplies,  798. 

Ilorseshoer,  pay,  695a. 

Increase  in,  796. 

Organization,  790. 
Master  engineer,  pay,  695a. 
Mess  sergeant,  pay,  695a. 
Musicians,  pay,  695a. 
Officers — 

Command  of  organizations,  790f. 

Details  of.     See  this  title.  Details. 

May  disburse  public  moneys,  807. 

Increase  in  number,  785. 

Limitation  on  number,  appointment  of, 
increased,    3314b. 

Mileage,   675a. 

Promotions.     See     this     title,     Promo- 
tions, 


ENGINEERS,    CORPS    OF— Continued. 
Officers — Continued. 

Retired,    assignment    to    active    duty, 

975d. 
Retired,   employment  on  harbor   work. 

799. 
Serving    with    organizations,    part    ol 

line  of  Army,   791a. 
Ti-ansfer  to  another  corps,  789. 

OltOAXIZATION — 

of  Battalions,  793,  790b-790e. 

of  Companies,  795,  796,  790b-790e. 

of  Corps  of  Engineers,  784,  785,  784a. 

of  Enlisted  force,  790,  784a. 

Increase,     regimental,     battalion,     and 
company,  790c. 
Part  of  Regular  Army,  331a. 
Privates,  pay,  698. 

PROMOTIONS 

According  to  seniority,  784. 
Examination  of  officers  for,  788. 
of  Lieutenants,  after  14  years'  service, 
386. 
Regimental  supply  sargeant,  pay,  695a. 

REGIMENTS 

Command,  790f. 

Organization,  790a. 

Personnel,  increase,  790c. 

Saddler,  pay,  69oa. 

Sergeant  bugler,  pay,  695a. 

Sergeant,  first  class,  pay,  695a. 

Sergeants,  additional,  details,  1332a. 

Sergeants,  pay,  695. 

Stable  sergeant,  pay,  695a. 

Supply  sei-geant,  pay,  695a. 

Travel,  per  diem  in  lieu  of  subsistence, 

808a. 
Wagoner,  pay,  695a. 

ENGINES  : 

Aviation.      See    Signal    Corps,    Aviation 

Section. 
Exchange     in     part    payment     for     new, 
1261b,  1261c. 
ENGRAVINGS  : 

Advocating  treason  nonmailable,  253c. 
Pictures,  prints,   photographs,  and,   non- 
mailable, when,  253a. 
ENLISTED  MAN: 
See  Enlisted  men. 
Allotments    of    Pay.      See    Allotments    of 

paij;  Pay  of  enlisted  men. 
Chauflfeurs.      See   Signal    Corps,  Enlisted 
men. 
ENLISTED  MEN: 

For  a  particular  class  or  those  in  a  pcr- 
ticular   branch  oj  the  service,  see   the 
specific  title. 
Absence —  • 

Due  to  misconduct,  etc.,   without  pay, 

666,  107  A.  W. 
Without  leave,  must  be  made  good,  666, 

1035,  107  A.  W. 
Without  leave,  not  to  be  paid  during, 
448,  452. 
Appointment  as  cadets,  1139b. 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 


655 


ENLISTED  MEN — Continued. 
Akuest — 

for  Debt,  exempt  from,  exception,  1067. 
Badges.     See  Badges. 
Baggage  lost  in  military  service,  217,  217a. 
Bounties.     See  Bounties. 
Certificates  of  merit.     See  Certificates  of 

merit. 
Civil  employment,  prohibited,  701a. 
Claims — 

no  Deductions  for  attorney's  fees,  219. 

for  Property  lost  in  service,  217,  217a. 
Clothing.     See  Clothing,  Army. 
Commutation    of    rations    when    on    fur- 
lough, etc.,  611b,  611e. 
Cooking  for.     See  Cooking. 
Credit  for   service.      See  Pay  of  enlisted 

men;  Retirement,  Army. 
Deceased — 

See  also  Articles  of  War. 

Beneficiaries,    payment    to.    In    certain 
cases,  1061,  1062. 

Expenses  of  interment,  1063. 

Removal    of    remains   from    abandoned 
posts,  1063. 

Settling  accounts  of,  1059,  1060. 

Transportation  to  national  cemeteries, 
1063. 
Defined  as  to  allotments,  allowances,  etc., 

1483Z. 
Deposits  of  Savings — 

Appropriation  for  interest,  716b. 

Deposited    in    Treasury    as   a    separate 
fund,  716. 

Deposit  of  unallotted  pay  to  credit  of, 
716c,  7l6d. 

Interest  on  $5  or  over,  717. 

Interest,    payment    of    principal    and, 
716d. 

Military,    etc.,    pay    deposit    fund    cre- 
.ated,  716a. 

Payable  on  discharge,  575. 

with    Paymasters,    regulations,    forfeit- 
ure, 716. 

Payment    of    principal     and    interest, 
716b,  716d. 

Regulations  by  Secretary  of  War,  718. 
Desertion.     See  Desertion. 
Detachments.     See  Detachments. 
Details.     See  Details. 
Disabilities — 

Civil  offices,  ineligible  for,  960. 
Discharge.     See  Discharge. 
Draft,  Signal  Corps.     See  Signal  Corps. 
Duties — 

Acting  as   servants  to  officers   not   in- 
cluded,  1068. 
Eligibility.     See  Certificates  of  eligiUUty. 

E.MPLOYMENT 

in     Competition     with     civilians     pro- 
hibited,  701,   701a. 

as     Stenographers     of     courts-martial, 
1069. 
"  Enlisted    man "    defined.       See    Desert 

lands;    Family    allowances;    Military 

and  naval  compensation;  Military  and 

naval  insurance. 


ENLISTED  MEN— Continued. 
Enlistment.     See  Enlistment. 
Equipment.     See  Clothing,  Army. 
Examinations  for  promotion,  920-923. 
Foreign  Akmies — 

Traveling  expenses   while   attached    to 
United    States   Army,   673b,   889yy. 
Forging,    etc.,    certificate    of    discharge^ 

penalty,  131a. 
Furlough.     See  Furlough. 
Increase  by  increments,  331b. 
Instruction  of,  by  chaplains,  915. 
Letters    of,    may    be    forwarded    unpaid, 

251. 
Medals,  bronze.     See  Medals. 
Medals  of  honor.      See  Medals  of  honor. 
Medical    Treatment — 

Employment  of  extra  nurses  for   care 
of,    777. 

of  Families,  free  of  charge,  742. 

Injured.     See  Military  and  naval  com- 
pensation. 

in   Private   hospitals   in   certain   cases, 
776,  776a,  776b,   776d. 

Ruptured  in  line  of  duty,  truss,  783. 
Merit,  certificates  of.     See  Certificates  of 

merit. 
National  Army — 

Grouping  of  units  by  States,  etc.,  1662. 
Naturalization.     See  Naturalization. 
Noncommissioned   officers.      See  Noncom- 
missioned officers. 
Number — 

Limited  to  100,000  men,  332. 

Maximum,    332,    332e. 

Maximum    in    emergency,    332b,    332c 
333. 

Maximum    strength   during   exigencies, 
333. 

Medical     Department,     excluded     from 
limit,  756a. 

Minimum,   332d. 

Not   to   be   increased    by    remount   de- 
tachments,   541. 

Sentenced    to    dishonorable    discharge, 
excluded  from  limit,  332g. 
Offenses — 

See  also  Articles  of  War. 

Aiding   or   enticing    soldier    to    desert, 
1055. 

Harboring,    concealing,    etc.,    deserter, 
1055. 
Pay.     See  Pay  of  enlisted  men. 
Pensions.      See  Pensions. 
Promotions  to  second  lieutenants,   331d, 

331f,    920-923. 
Property    lost    in    military    service,    217, 

217a. 
Quarters.     See  Quarters,  Army. 
Rank  of  chauffeurs,   890h. 
Rations.     See  Rations,  Army. 
at     Recruiting    depots.     See    Becruitinff 

depots. 
Recruits.     See  Becruita, 


656 


MILITARY   LAWS   OF    THE   UNITED    STATES,   1915. 


ENLISTED   MEN— Continued. 
Rbenlistment — 

Men  discharged   from  Army  to  accept 
commissions     in      National     Guard, 
1043b-1043d. 
Rogulating   sale   of  alcoholic   liquors   to, 

1295a-1295d. 
Retirement.     See  Retirement,  Army. 
Sales  to — 

of  Subsistence  stores.     See  Subsistence 
stores. 
Savings.       See,    this    title^    Deposits    of 

savings. 
Servants — 

Not  to  act  as,  to  officers,  1068. 
Teachers      for      vocational      instruction, 

1293a,   1293b. 
Tour  of  duty  in  Canal  Zone  and  Philip- 
pine Islands,  limit  on,  330a. 
Transfer — 

to    Hospital    Corps    as    privates,    766, 
1037. 

to  Navy  or  Marine  Corps,  1036. 
Transportation    on    discharge.      See   Dis- 
charge. 
Vocational  instruction,  1293a,  1293b. 
Vocational      training.      See      Vocational 

training. 
ENLISTED    MEN'S    CLUB: 

Sale  of  alcoholic  liquors  at,  1295b. 
ENLISTMENT  : 

Age  limit.     See  this  title   Qualifications. 
Bounties  for,  prohibited,  1643. 
Cook   instructors  as  sergeants,    Quarter- 
master Corps,  506c. 
Defined   as   to   allotments,   family   allow- 
ances, etc.,   1483aa. 
Excessive,  for  foreign  service,  332a. 
of  Filipinos,  335.  * 

in  Foreign  service.     See  Neutrality. 
FRAUDiriiENT   Enlistment — 

Punishable  by  court-martial,  1033  ;  54 
A.  W. 
of  Indian  scouts,  334. 
Injured  persons  while  taliing  vocational 

training,  1293J,   1293k,  12931. 
National    Army,    Infantry   divisions,   age 

limit,    1383c. 

National  Guard.     See  National  Guard. 
Premiums — 

Accepted  recruits,  1032,  1032a,  1032b. 

Accepted  recruits,  repealed,  1032b. 
Qualifications — 

Age    limit,    1026,    1027,    1028,    1028a, 
1029. 

Age   limit,   voluntary.   National   Army, 
1661. 

Aliens   ineligible   in   peace,   exceptions, 
1029. 

Deserters    ineligible,    exception,    1027, 
1052. 

Intoxicated  persons  ineligible,   1027. 

Minors  under  16  ineligible,  1027. 

Minors,    written    consent    of    parents, 
etc.,   1028,   1028a. 

Porto  Ricans,  when  eligible,  342. 

Recruits.      See   Recruits. 


ENLISTMENT— Continued. 
Rbenlistment — 

Age  limit  does  not  apply,  1026. 

in    Army    reserve,    bounty    for,    1031, 
1031O. 

Bonus  for,  within  three  months,  706. 

Bounty  in  time  of  war,  1031o. 

of  Deserters  in  time  of  peace,  1052. 

Increased  pay  for,  within  three  months, 
1034,    1043c,    1043d. 

Men  discharged  to  accept  commissions 
in  National  Guard,  1043b-1043d. 

Noncommissioned  officers,  rank  at  dis- 
charge,   1034a. 

Obstructing,   punishment,   1317id. 

of  Porto  Ricans   in  Regular  Army,  349. 

Qualifications,  1030,  1052. 
for   Service   against   United    States,    pun- 
ishment, 1415k. 
Special    and    technical    troops.    National 

Army,   1641. 
Term — 

Continued  at  outbreak  of  war,  1031h, 
1031h4. 

Fixed  at  three  years,  1030,  1031d. 

Fixed  at  seven  years  in  Army  and  re- 
serve, 1031,  1031a,  lOSld,  1031h. 

Method  of  determining  continuous  serv- 
ice, 1031d,  1035. 

I'nauthorized   absences   must   be   made 
good,  666,  1035,  107  A.  W. 
Termination  of  certain,  at  close  of  war 

with  Germany,  1031Jh. 
Voluntary  or  draft  to  maintain  maximum 

strength,  1637. 
ENLISTED  RESERVE  CORPS  : 
See  also  Regular  Army  Reserve, 
Active   Service — 

in  Emergency,  1597. 

Not  a  right,  1599. 

for  Training,  1586,  1587. 

with  Volunteers,  1598. 
Arms  and  equipment,  accounting  for,  on 

discharge,   1593. 
Assignment  to  Army  as  reserves,  1585. 
Aviation     Section,     active     pay,     889cc, 

879j,   879k. 
Certificates  of  enlistment,  1582. 
Clothing — 

Accounting  on  discharge,  1593. 

Exchanged  when  unserviceable,  1592. 

Issue,  1590. 

Property  of  United  States,  1591. 
Constitution,    1581. 
Dental  students,  regulations  for  enlisting 

in,   1591a. 
Discharges,  1595. 
Eligibility  for,  1582. 
Enlistment  period,  1582. 
Medical  students,  enlistment  in,  1591a. 
Part  of  Army  of  United  States,  329a. 
Pay,   1588,   1597. 
Penalty  for  failure  to  comply  with  orders, 

1596. 
Pensions,   1589. 
Purpose,   1581.  , 
Rank,  1582,  1597. 
Retirement,  not  entitled  to,  1589. 


657 


ENLISTED   RESERVE   CORPS— Cont'd. 
Rosettes  or  knots  for  attendance  at  en- 
campments,  1583. 
Rosott<^s  or  knots,  unauthorized  wearing 

penalty,  1584. 
Subjoct  to  Articles  of  War,  when,  1594. 
Training   period,    1586. 
Training  period,  extension,  1587. 
Uniform,  same  as  Army,  1590. 
Voluntary   service,   acceptance  for  train- 
ing of,  1544b. 
Volunteers,  service  with,  1598. 
ENLISTED  STRENGTH.    See  Enlisted  men, 

number  J  Line  of  the  Army. 
ENSIGNS,    NAVY: 

Relative  rank  with  Army,  352. 
ENVELOPES  : 

See  also  Mail  matter. 

Executive  departments  to  procure,  254. 

"  Official    Business,"    printed   on    certain, 

252. 
Official,  penalty  for  private  use,  253. 
"  Penalty  "  clause  to  be  printed  on,  254. 
Postmaster   General   to   contract   for  all, 

254a,  254b. 
Return  penalty  may  be  inclosed,  256. 
Use  of  penalty,  correspondence  under  Se- 
lective Service  Act,  1659. 
EPIDEMIC  DISEASES  : 

Measures  for  dealing  with,  in  Army,  778. 
EQUAL   RIGHTS.     See   Civil  rights. 
EQIIPMENT  : 

of  Soldiers,  sale  prohibited,  1262. 
ESCAPE : 

from      Military      prison.      See      Military 
prison. 
ESPIONAGE  : 

See  also  Foreign  Commerce;  Foreign 
Governments;  Foreign  Languages; 
Foreign  Relations;  Neutrality ;  Ves- 
sels; etc. 
General  Provisions,  Various  Titles 
Under — 
Effect    of    partial     invalidity    of    act, 

1475t. 
Jurisdiction  of  offenses,  1475r. 
Prosecutions     under     prior     laws,     re- 
pealed,   etc.,   1475s.  I 
United  States  defined,  1475q. 
ESTIMATES  : 

hg  a  particular  office  or  officer,  or  in  con- 
nection with   a  particular  subject,  see 
the  specific  title. 
Annual  for  per  diem  allowances  outside 

D.  C,  96c,  96d. 
Books  of  Estimates.     See  Booh  of  Esti- 
mates. 
Contents — 

All  annual,  for  the  public  service,  91. 
Amount  for  next  fiscal  year  stated,  88. 
Annual,  information  to  accompany,  102. 
Arrangement,   90. 

Changes  desired,  propositions  for,  90. 
Explanation  of  new  items,  89. 

54208°— 18 42 


ESTIMATES— Continued. 
Contents — Continued. 

for  Lump-sum  appropriations,  96,  9Ga, 
96b. 

for    Lmnp-sum    appropriation,    method 
of  making,  96b. 

Outstanding    appropriations    included, 
88. 

of  Special  or  additional  estimates,  91, 
91a. 

Unnecessary   words    to    be   eliminated, 
87a. 

Variation  from  current,  to  be  noted,  89. 
of    Executive    departments.     See    Execu- 
tive  departments. 
Furnished  to  Secretary  of  the  Tueas- 
URY — 

Failure  to  furnish,  87. 

by  October  15,  required,  87. 
Preparation — 

Designation  of  official  to  supervise,  87a. 

under  Direction  of  Secretary  of  Treas- 
ury, 86. 

Officers'  compensation,  founded  by  law, 
95. 
Submission  to  Congress — 

Through  Secretary  of  the  Treasury.  SO, 
92. 
EVIDENCE : 

Certificate  of  appointment  of  Alien  I'lop- 

erty    Custodian    in    all    courts,    14i:41, 

1424m. 
Certified   copy   of  record  of  appoii>tinent 

of  Alien  Property  Custodian,  1424m. 
Claims.     See  Claims. 
Compelling  witness  to  furnish,  136. 
Court  of  Claims.     See  Court  of  Claims. 
of  Embezzlement,  prima  facie,  424,  425. 
Original     records     required     in     cert:un 

cases,  247. 
Pamphlet  copies  of  statutes,  321. 
Revised  Statutes  legal  evidence.  310,  .".IS. 
Statutes  at  Large  are  legal  evidence,  :\21. 
Supplement    to    Revised    Statute.s    prima 

facie,  320. 
Transcripts    from    Treasury    books.    247, 

424. 
"EVIL  PRACTICES."     See  Food  an>l  fuel 

conservation. 
EXAMINATIONS  : 

For  appointment  of  a   partienJar   o  J^cer, 

see  the  specific  title. 
of   Accounts.      See   Accounting  of   puhliG 

money. 
of  Bonds.     See  Bonds. 
under  Civil  service.     See  Civil  service. 
Coast  and  Geodetic  Survey,  appointment 

and  promotion,  5341. 
Dental  Coi'ps,  750e. 
of    Enlisted     men    for    promotion.       See 

Second  lieutenants. 
at     Military     Academy.       See     Militury 

Academy. 
of  Officers.     See  Officers,  Army, 
Pension  cases.     See  Pensions, 


658 


MILITABY   LAWS   OF   THE   UNITED   STATES,   1915. 


EXAMINING  BOARDS: 

Promotion  of  enlisted  men,  921. 
Promotion  of  officers.     See  Officers,  Army. 
Veterinary  Corps,  composition,  728a. 
EXCHANGE : 

Aeroplanes,  1261b,  1261c. 
Band  instruments,   1261a. 
Engines,  1261b,  1261c. 
of  Funds,  restrictions  upon,  401. 
Labor-saving  machinery,  1261a. 
Motor-propelled  vehicles,  1261b,  1261c. 
Motor   trucks,   1261a. 
Passenger-carrying  vehicles,  1261a. 
I'ost.     See  Post  exchange. 
of  Sewing  machines,  etc.,  1261a. 
of  Typewriters.     See  Typewriters. 
of  Unserviceable  powder  and  shot,  837. 
EXECUTIVE  DEPARTMENTS  : 

For  a  particular  department,  see  the  de- 
partment. 
Absence,  leaves  of.     See,  this  title.  Em- 
ployees. 
Accountants,  payments  to,  restricted,  81a. 
Accounts.       See     Accounting     of    public 

money. 
Adding   machines.      See,   this   title,    /Sup- 
plies. 
Advkutisements — 

for  Bids  for  supplies,  1196. 

in    District    of    Colun-bia,    limitations, 

1203,  1204. 
in      Newspapers,      written      authority, 

1201. 
Rates  to  be  paid  newspapers,  1202. 
Annual  reports.     See,  this  title,  Reports. 
Appuopriations — 

See  also  Appropriations. 
Estimates    for.      See,    this    title.    Esti- 
mates. 
Expenditures  in  excess  of,  prohibited, 

188. 
Lump-sum,     payment    of    salaries     re- 
stricted, 35. 
Membership  fees,  etc.,  not  to  be  paid, 

81. 
Payment     of     accountants     from,     re- 
stricted, 81a. 
Payment   for    private    telephones    pro- 
hibited, 83. 
Arms — 

for    Protection   of   public   money,    etc., 
830,   847. 
,  Automobiles.     See,  this  title,  Vehicles. 
Books — 

See  also,  this  title.  Documents. 
Public   Printer   to   furnish   blank,   112, 
112a. 

r.U  ILDINUS 

Price  of  gas  in  public.  District  of  Co- 
lumbia, 122a. 

lublic.     See  Public  buildings. 

llontal  in  District  of  Columbia,  118- 
120. 

Rental  of  storage  accommodations  in 
District  of  Columbia,  99b. 

{Statement  of,  rented,  99,  99a. 


EXECUTIVE    DEPARTMENTS — Cont'd. 
Building — Continued. 

Temporary    office   for    War   and    Navy 

Departments,  154d. 
Bureau  of  Efficiency — 

Classification,  salary,  and  efficiency  of 

employees,  40i. 
Duplication   of  work,  investigation  of, 

40d,  40j. 
Information,    access    to    records,    etc., 

40h. 
Bureau  of  War-Kisk  Insurance.     See  Bu- 
reau of  War-Risk  Insurance. 
Bureaus — 

Absence  of  chief,  who  may  act,  14. 
Action  by  chief  of,  on  report  of  chief 

clerk,  22. 
Death  of  chief,  who  may  act,  14. 
Temporary  chief  of,  14. 
Carriages  for  officers  and  employees,  82, 

82a. 
Chief  Clerks — 
Duties,  '20,  21. 

Oaths  of  office  to  employees,  57. 
Oaths  to  travel  accounts,  65. 
Reports  by,  21,  22. 
Claims — 

Before  Court  of  Claims.     See  Court  of 

Claims. 
Before  departments.     See  Claims. 
Clerks — 

See  also,  this  title,  Employees. 
Appointment  of  women  as,  26. 
Auditing  accounts  abroad,  number  and 

compensation,    205h. 
Bureau    of   War   Risk   Insurance.      See 

Bureau  of  War  Risk  Insurance. 
Chief.     See,  this  title,  Chief  clerks. 
Classification   of,    43. 
Compensation  of,  44,  44a,  44b,  44c. 
Detail,  for  duty  in  office  of  President, 

12,  12a. 
Disbursing.     See,  this  title.  Disbursing 

clerks. 
Extra   services,    no    compensation    for, 

46,  47. 
Increased     compensation     for     certain 

grades,   44a,   44b. 
Payment    from    contingent   funds    pro- 
hibited,  28,   32,   74. 
Performing  duties  of  another,  not  paid 

for,  47. 
Rates  of  pay  compared  with  State  and 

municipal  clerks,  40g. 
Temporary,  compensation  of,  45. 
Transfer     between    departments,    etc., 

36,  36a-36e. 
Closing — 

on  Death  of  ex-offlcial  prohibited,  123. 
Contingent  funds.  See  Contingent  funds. 
Contracts — 

See  also  Contracts. 

Advance  payments  for  supplies,   407a, 

407b. 
in  Excess  of  appropriations,  prohibited, 

188. 
for  Supplies.     See,  this  title.  Supplies. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


6'59 


EXECUTIVE    DEPARTMENTS — Cont'd. 
Counsel.      See,    this   title,   Heads    of    de- 
partments. 
Details.     See,  this  title,  Employees. 
Disbursements,       See   Disbursements    of 

public    moneys. 
Disbursing    Clerks — 

See  also  Disbursing  officers. 
Appointment  and  bond,  23. 
Bond  acting,  bound  by,  24. 
Books  accessible  to  accounting  officers, 

124. 
Documents — 

See  also,  this  title.  Books. 
Distribution,      lists     furnished     Public 

Printer,    85. 
Distribution   by,  prohibited,   exception, 

85. 
Libraries    depositories    of   public,    125, 

125a. 
Printing,    authorized    number    not    ex- 
ceeded,  117. 
Reports.     See,  this  title.  Reports. 
Restrictions  on  printing,  113. 
Employees — 

Abroad,     limit     on     compensation     of, 

205v. 
Abroad,  sale  of  army  stores  to,  205t. 
Absence    in    excess    of    leave,    without 

pay,  50. 
Accountant,    payments    to,    restricted, 

81a. 
Active  duty  in  Officers'  Reserve  Corps, 

restoration,    1544a. 
Auditing    accounts    abroad,    additional 

duties,    205r. 
Auditing  accounts   abroad,   restoration 

to  former  positions,  205n. 
Bureau   of  War   Risk   insurance.      See 

Bureau  of  War  Risk  Insurance. 
Civil-service  examinations  held  in  State 

of  applicant,    166a. 
Clerks.     See  this  title.  Clerks. 
not     Compensated     for     administering 

oaths,  58. 
Compensation  of,  44,  44a,  44b,  44c. 
Compensation     increased    for     certain, 

44a,  44b. 
Compensation,  increased  on  transfer  to 

independent  establiskment,  etc.,  36b- 

36d. 
Deceased,  transportation  of  remains  of, 

84,   44c. 
Detail    in    District    of   Columbia    from 

without,  prohibited,  29,  30,  32. 
Details    for    duty    outside    District    of 

Columbia,  30a,  205o. 
Details  for  services  outside  of  District 

of  Columbia,  restricted,  30a,  205o. 
Details    with    boards,    etc.,    prohibited, 

408. 
Details  within  departments,  34. 
Discharge  of,  restrictions,  40. 
Efficiency  ratings,  establishment  of,  40, 

40c,  40d. 
Employment    in    excess    of    authority 
♦  prohibited,  exception,  37,  188,  1195. 


EXECUTIVE    DEPARTMENTS — Cont'd. 

Employees — Continued. 

Established  and  fixed,  40a. 

Establishment  of  pension  roll  prohib- 
ited, 38. 

False  or  fictitious  entry  or  report,  171. 

may  Furnish  information  to  Congress, 
42. 

Hours  of  labor.  See,  this  title.  Hours 
of  labor. 

Holding  more  than  one  office  with 
salary  exceeding  $2,500,  exceptions, 
169. 

Holding  more  than  one  office  with  sal- 
ary exceeding  $2,000,  exceptions, 
169a,    169b. 

Investigating  frauds,  may  administer 
oaths,   64. 

Issue  of  arms  to,  847. 

Laborers.     See,  this  title.  Laborers. 

Leave,  annual,  in  addition  to  sick,  51. 

Leave,  annual,  exclusive  of  Sundays, 
etc.,  52. 

Leave,  annual,  with  pay,  50. 

Leave,  with  pay,  contasious  diseases, 
50. 

Membership  fees,  etc..  United  States 
not  to  pay,  81. 

Messengers.  See,  this  title,  Messen- 
gers. 

Oath  of  office,  form,  59,  60. 

Oath  of  office,  who  may  administer,  57, 
62,  63. 

Oaths,  before  whom  may  be  taken,  63. 

Oaths  to  travel  accounts,  65. 

Officers.     See,  this  title,  Officers. 

in  Officers'  Reserve  Corps,  leaves  of  ab- 
sence,   1549a. 

in  Officers'  Reserve  Corps,  restoration, 
1544a. 

Payment  from  lump-sum  appropria- 
tions  restricted,   35. 

Payments  to  incapacitated,  forbidden, 
39. 

Per  diem,  computation  of  increased 
pay,  44i. 

Per  diem,  to  receive  pay  on  holidays, 
54,  55,  56. 

may  Petition  Congress,  42. 

Piecework,  computation  of  increased 
pay    for,    441. 

Preference  to  honorably  discharged 
soldiers,   41. 

Prohibited  assisting  in  prosecution  of 
claims,   430. 

Prohibited  receiving  double  salaries  in 
excess  of  $2,000,  exceptions,  169a, 
169b. 

Prosecution  of  claims  by  ex-employeea, 
140. 

Rates  of  pay  compared  with  State  and 
municipal   clerks,  40g. 

Reduction   of,  restrictions,   40. 

Removal,  on  charges  in  writing,  42. 

Report    of   inefficient,    103. 

Restrictions  on   employment,  27. 

Rules  for  division  of  time  in  comput- 
ing  pay   of,   44g. 


660 


MILITARY    LAWS   OE    THE   UNITED   STATES,   1915. 


EXECUTIVE    DEPARTMENTS — Cont'd. 
Employees — Continued. 

Sick  leave  with  pay,  50. 

Soliciting  contributions,   177. 

Subsistence  allowance  outside  District 
of  Columbia,  96c,  96d. 

Temporary,  War  Department,  28a,  28c, 
44d. 

Transfer    between    departments,    36a- 
36d. 

Transfer    from    regular    to    lump-sum 
rolls,    35. 

Transfer     to     independent     establish- 
ment,  etc.,   36a-36e. 

Transfer  to   other   departments  at   in- 
creased   compensation,    36b-36d. 

Travel  expenses,  limitation  upon,  680a. 

Use    in     mobilizing    and    paying,     re- 
^serve,    1031n. 

Voluntary    services.       See,    this    title, 
Voluntary  services. 
Envelopes.     See,  this  title,   /Supplies. 
Estimates — 

See   also   Estimates. 

Annual,     information     to     accompany, 
102. 

Arrangement    to    conform    to    current 
^  acts,   90. 

in   Books  of  estimates,   86. 

for  Compensation  of  oflacers,  95. 

Date  for  submission,   87. 

for    Deficiencies,    method    of    transmit- 
ting,   1)2. 

Dosignation     of    official     to    supervise 
preparation,  87a. 

for  Lump-sum  appropriations,  96,  06a, 
96b. 

for  Lump-sum  appropriations,  method 
of  making,  96b. 

Mithod   of  preparing,  93. 

Per  diem  allowance  outside  District  of 
Columbia,  96c,  96d. 

for  Printing  and  binding,   94. 

for    Printing    and    binding    furnished, 
114. 

for  Public  bu'ldings  or  works,  97. 

for     Purchases,     etc.,     of     passenger- 
carrying  vehicles,   82a. 

Special  statement  as  to  necessity,  91, 
91a. 

Statement  of  rented  buildings,  99. 

Submitted  through  Secretary  of  Treas- 
ury,   86. 

Unnecessary    words    to   be   eliminated, 
87a. 

Variation     from     current    to     be     ex- 
plained,  89. 

FOUMS — 

Public   Printer  to   furnish,   112. 
Heads  of  Dicpartmentb — 

for   the   head   of   a  particular   depart- 
ment, see  the  specific  title. 

Absence  of,  who  may  act,  13. 

Action  by,  on  report  of  chief  clerk,  22. 

Assistant  to  perform  duties  on  death, 
etc.,   13. 


EXECUTIVE    DEPARTMENTS — Cont'd. 
Heads  op  Departments — Continued. 
Authorized  to  employ  clerks,  etc.,   25. 
Counsel  furnished,  examination  of  wit- 
nesses,   137. 
Department     of     Justice     to     furnish 

counsel,  138,  264. 
Employment     of     counsel     prohibited, 
138. 
•Estimates    by.       See    this    title,    Esti- 
mates. 
to   Furnish  data   for   Official   Register, 

111. 
Hours  of  labor  designated  by,  48,  49. 
Inventories     and     returns     of     public 

property,   109,  110. 
President  may  require  opinion,  2. 
Purchase  of  newspapers   by,   77. 
Regulations      for      property      returns, 

1259. 
Regulations  to  be  prescribed  by,  19. 
Reports  of.     See  this  title,  Reports. 
may   Subpoena  witnesses  as  to  claims,' 

134. 
Temporarily  act  as  head  of  other  de- 
partment,   15. 
Temporary    appointments    as,    restric- 
tions,  16,   17. 
Written   authority   for  advertising   re- 
quired,   1201. 
Hours   op    Labor — 

for    Employees    to    be    not    less    th.in 

seven,   48. 
Extension  of,  if  work  is  in  arrears,  49. 
Extension  of,  permitted,  48. 
Illustrations.      See  this  title.   Reports. 
Laborers — 

See  also  this  title.  Employees. 
Authority  to  employ,  25. 
Compensation,  44. 
Employment,   restrictions,   27,  28. 
Law   Books — 

Purchase  from  contingent  funds,  78. 
Specific  appropriation  necessary,  78. 
Libraries — 

Depositories  of  public  documents,  li:.".. 
125a. 
Magazines.      See    this    title,    Periodii  aln. 
Mechanics.      See  this  title.  Laborers. 
Messengers — 

See  also  this  title.  Employees. 
Compensation,    44. 
EmploymcHt  authorized,  25. 
Employment,    restrictions    on,    27,    28. 
Newspapers — 

See  also  this  title.  Periodicals. 
Advertisement  in.      See  this  title,  Ad- 

certisements. 
Expenditures   for,  limited,   76. 
Purchases  from  contingent  funds  lim- 
ited, 77. 
Oaths.     See  this  title.  Employees. 
Officers — 

See  also   this   title,   Employees. 
Estimates  for  compensation  of,  95. 
Payment    from    contingent   funds    pro- 
hibited.   28,    32. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


6G1 


EXECUTIVE  DEPARTMENTS — Cont'd. 

Officers — Continued. 

Performing    duties    of    another    ofllce, 
pay,    18. 
Periodicals — 

See  also  this  title,  Newspapers. 
Purchase  of,  from  contingent  funds  re- 
stricted,  78. 
Subscriptions  for,  payment  in  advance, 
77a. 
Personal    services.     See    this    title,    Em- 
ployees. 
Postage  stamps.     See  this  title,  Supplies. 
Postal  Guide,  official,  1236c. 

PUINTING   AND    BINDING 

See  also  this  title,  Documents. 
.\ppropriations  chargeable,  114. 
Blank  boolis  and,  done  at  Government 

Printing  Office,  112a. 
Detail  from  Printing  Office  for,  33. 
Estimates   for,   94. 
Estimates  furnished  by  Public  Printer, 

114. 
Illustrations,  restrictions  on,  116. 
Prope-kty — 

Inventories  and  returns,  109,  110. 
Purchase  of  arms  for  protection,   830. 

S47. 
Regulations  for  returns,  1259. 
IlEcouDixo  Clocks — 

Use.  in  Washington,  forbidden,  121. 
Repouts — 

Annual  as  to  expenditures  for  military 

establishment,  etc.,  •|4g. 
Annual   by   heads,   time  for,  104. 
Annual  when  furnished  Public  Printer, 

100,    106a. 
Failure  to  make  required,  penalty,  110. 
of  Heads,  certain  matter  excluded,  107. 
Illustrations,  restrictions  on,  116. 
of   Inefficient    employees    in    estimates. 

10.3. 
Inventories     and     returns     of     public 

property,  109,  110. 
Monthly,   as  to   condition   of  business, 

49. 
Monthly,  by  chief  clerks,  21. 
Numoer  and  grade  receiving  increased 

compensation,   44b. 
Printing,    authorized    number    not    ex- 
ceeded,   117. 
of  Proceeds  of  sales  and  other  receipts, 

101. 
Quarterly,  to  President,  108. 
Regulations    for    returns    of    property, 

1259. 
of  Typewriters,  etc.,  exchanged,  75a. 
Returns.     See  this  title,  Reports. 
Seals — 

Seo  also  Sfdl  of  the  United  States. 
Counterfeiting,         etc.,         punishment, 

1531b. 
Fraudulently    affixing    to    instruments, 

etc.,  punishment,  1531a. 
Selective-service    act,    utilize    services    of 

officers  of,  in  its  execution.   1657. 
SServices.     See  this  title,  Supplies. 


EXECUTIVE    DEPARTMENTS— Cont'd. 

Stationery,     See  this  title.  Supplies. 
Stohage  accommodations — 

Leasing  in  D.  C.  for  period  of  six  years, 
99b. 
Subscriptions.      See  this  title,  Periodicals. 
Supplies — 

Adding  machines,  exchange  authorized, 

75a. 
Advertisement  for  bids,  1196. 
Contracts  for  telephone,  electricity,  etc., 

197. 
Contracts  limited  to  one  year,  1194. 
Envelopes,  all  to  be  contracted  for  by 

Postmaster  General,  254a,  254b. 
Envelopes  to  be  procured  by,  254. 
Exchange  of  typewriters,  etc.,  author- 
ized,  75a. 
Open-market  purchases,  1196. 
Postage   supplied   by   Postmaster   Gen- 
eral,   126. 
Purchase  of,  restrictions,  75. 
Purchase  through  General  Supply  Com- 
mittee, 1197. 
Typewriters,  exchange  authorized,  75a. 
Telegraph  to  Capitol.    See  Telegraph  lines. 
Typewriters.     See  this  title,  Supplies. 
Useless   Papers — 

Disposition  of,  132,  133. 
Vehicles — 

Carriages  for  officers,  etc.,  82. 
Purchase     of     passenger-carrying,     re- 
stricted, 82a. 
^'OLUNTAUY  Service — 

Acceptance  of,  forbidden,  exception,  37, 

188,   1544b. 
Officers    Reserve    Corps,    for    training, 
etc.,  1544b. 
Watchmen — 

Employment  authorized,  25. 
Employment,  restrictions  on,  27,  28. 
Salary,   44. 

W(  MEN — 

Appointment  of,  as  clerks,  26. 
Salary,  as  copyists,  44. 
EXECUTIVE  OFFICES.     See  President  of 

the  United  States;  White  House. 
EXECUTORS  : 

Failure   to   recognize  priority   of   United 
States,   222. 
EXPENDITURES.     Of  a  particular  office  or 
service,  see   the  speific  title;  see  appro- 
priations; disbursements  of  public  money. 
EXPERT  ACCOUNTANTS : 

In  Inspector  General's  Department.     See 
Inspector  General's  Department. 
EXPERT  RIFLEMEN  : 

Additional  pay  for  qualifying,  699,  699a. 
EXPLOSIVES  : 

Transportation  over  navigable  waters  iu 
prescribed  areas,  1315c,  1315d. 
EXPORTS : 

Arms,  etc.,  intended  for.     See  Neutrality. 
Certain,  in  time  of  war  unlawful,  1475m- 

1 475p. 
I'unishment  for  exportation,  etc.,  1475m. 


662 


MILITARY   LAWS   OF    THE   U^^ITED    STATES,   1915. 


EXPORTS — Continued. 

Punishment    for    taking    vessels    out    of 

port  in  time  of  war,   1475p. 
Refusal  of  clearance   to  vessels   for   cer- 
tain, in  time  of  war,  1475o,  1475p. 
EXTORTION  : 

by  Officers,  etc.,  penalty,   1252. 
EXTRA  DUTY: 

Details  on.     See  Details. 
Pay  for.     See  Pay  of  enlisted  men. 
EXTRA  PAY: 

of   Enlisted    men.      See   Pay   of    enlisted 
men. 
EXTRAORDINARY  EMERGENCY  : 

Mississippi  River  levee  work  considered, 
1227. 
EYES : 

Maximum  compensation  for  loss  of  both, 
1483XX. 
FACTORIES  : 

See  Food  and  fuel  conservation. 
Commandeering  or  requisitioning  for  mil- 
itary purposes,  1708-1713. 
FALSE  CERTIFICATE  : 

Penalty  for  making,  429. 
FALSE  STATEMENTS.     See  Perjury. 
FAMILIES.     See  Dependent  families;  Fam- 
ily allowances. 
FAMILY  ALLOWANCES: 
See  also  Allotments  of  Pay. 
Age  limit  of  child  or  grandchild,  excep- 
tion, 1483V. 
Amount  of,  and  of  allotment  not  to  ex- 
ceed former  support,  712u. 
Amount  payable  to  divorced  wife,  712o. 
Amount    payable    to    illegitimate    child, 

712q. 
Amount    payable    to    wife    living    apart, 

712p. 
Appropriation  for  payments  from,  712aa. 
Brother  defined  as-  to,  1483x. 
Child  defined  as  to,  1483f. 
Coast  Guard,  when  entitled  to,  14S3ee. 
Commissioned  officer  defined  as  to,  1483y. 
Distributed     by     Treasury     Department, 

712w. 
Enlisted  Men — 
Amount,  712h. 
Amount   of   monthly,    dependent    upon 

then 'existing  conditions,  712z. 
Apportionment   of  allotments   and,   be- 
tween classes  A  and  B,  712v. 
Compulsory  allotment  prerequisite  for 

payment  to  class  A,  712n. 
Conditions  prerequisite  to  payments  to 

class  B,  712r,  712s. 
Date  from  which  operative,  712j. 
Defined   as   to,   1483z. 
Desertion     cases,     regulations     as     to, 

712k. 
Duration  of,  712i. 
Imprisonment  cases,  regulations  as  to, 

712k. 
Investigations    as    to    allotments    and, 

712X-712Z. 
Missing   mea   cases,    regulation   as   to, 
712k. 


FAMILY    ALLOWANCES — Continued.      * 

Enlisted  Men — Continued. 

Modification  of  award  where  conditions 
have  changed,  712y. 

Rates  for  grandchild,  parent,  etc,,  class 
B,  712n. 

Rates  for  wife  and  children,   class   A, 
7121. 
Enlistment  defined  as  to,  1483aa. 
•  False    statement    in    claim    for,    punish- 
ment, 148311. 
Fraudulent   acceptance  of  payment,   pun- 
ishment, 1483jj. 
Grandchild  defined,  1483u. 
Injury  defined   to   include  disease  as   to, 

1483CC. 
Limitation  on  amounts  payable  to  Class 

B,  712t,  712u. 
Man  defined  as  to,  1483z. 
Marriage,   presumption  of,  in  connection 

with,  1483s. 
Military   or   naval   forces   defined  a«   to, 

1483ee. 
Minors,  payments  to,  1483ff. 
National  Naval  Volunteers,  when  entitled 

to,  1483ee. 
Naval   Reserve  when  entitled  to,   1483ee. 
Officers.      See,    this    title.    Commissioned 

o/ficer;  Warrant  officer. 
I'arent  defined,  1483w. 
Pay  defined  as  to,  1483dd. 
Presumption    of    marriage    in    connection 

with,  1483s. 
Sister  defined  as  to,  1483x. 
Warrant  officlr  defined  as  to,  1483y. 
FARRIER  : 

Designation   of,   with   each   organization, 

703. 
Medical  Department,  percentage  of,  766e. 
Pay,  695a,  697. 

Pay,  additional,  as  horseshoer,  698. 
FEDERAL  TIUDE  COMMISSION: 

Access  to  books,  papers,  etc.,  of  mine  op- 
erators, 1756. 
Agency    for    exercising    authority    as    to 

coal  and  coke  production,  etc.,  1745. 
Compensation   for   coal   and   coke   plants 

taken  over  to  be  fixed  by,  1747. 
Inquiry   into  cost   of   production  of   coal 

and  coke,  1755,  1756. 
FEES  : 

of   a   particular   officer   or   in   connection 

with   a   particular  proceeding,   see   the 

specific  title.  • 
of     Membership,     etc.,     not     paid     from 

United  States  funds,  81. 
Military  and   naval  insurance,  unlawful, 

1483XXXX. 
Witnesses,  military  and  naval  insurance, 

14831. 
FEET  : 

Maximum  compensation  for  loss  of  both, 

1483XX. 
FELONS : 

not  Accepted  for  enlistment,  1027. 
Excluded    from    admission    to    Soldiers' 

Home,    1516. 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915. 


663 


FEMALE     NURSE     CORPS.     See     Nurse 

Corps. 
FENCES : 

Destroying,    on    Government    lands,    pen- 
alty,   1314. 
FIELD  ARTILLERY.     See  Artillery. 
FIELD  ARTILLERY  MATERIAL: 

Issues  of,  to  militia,  1364. 
FIELD  CLERKS.      See  Army  field  clerks; 

Quartermaster  Corps,  field  clerks. 
FIELD    HOSPITALS: 

See  also  Hospitals. 

Organization  of,  in  Hospital  Corps,  768. 
FIELD    MUSICIANS: 

at    Military    Academy,    pay    and    allow- 
ances,  1166. 
FIELD   OFFICERS: 

Coast  and  Geodetic   Survey,  designation, 
appointment  and  pay,  534m. 

Detached     service,     eligibility     for,     re- 
stricted,   938J. 

in  Porto  Rico  Regiment,  345. 

Vacancies     due     to     reorganization     act, 
1101. 
FILES.     See  Accounts,  Military  Establish- 
ment. 
FILIPINOS  : 

See  also  Philippine  Islands. 

Appointment   of   four   to   Military   Acad- 
emy, 1143,   1143a. 

Treatment  of  insane  soldiers,  1527. 
FIRE-CONTROL    EQUIPMENT  : 

of  Militia,  transfer  in  time  of  war,  1366. 
FIREMEN  : 

Rate  of  pay,  695. 
FIRST      CORPS     CADETS,     MASSACHU- 
SETTS.     See    this    title    under    Reserve 

Officers'    Training    Corps. 
FIRST    LIEUTENANTS: 

See  also  Officers,  Army. 

Pay,    635. 

Relative  rank  with  Navy,  352. 
FISCAL    AGENTS: 

Duties  as  to  public  moneys,  185. 
FISCAL    OFFICERS: 

Distress  warrants  issued  against,  when, 
232. 
FISCAL   YEAR: 

begins  July  1,  each  year,   195. 
FLAG  OF  UNITED  STATES  : 

to   Consist   of   13   stripes   and   48   stars, 
1528. 

Desecration     in     District     of     Columbia, 
1529a,   1529b. 

Star    to    be    added    for    each    State    ad- 
mitted,   1529. 
FLAGS : 

Captured,  to  be  collected,  149. 

Definition    in    connection    with    desecra- 
tion,    1529b. 

Desecration     in     District     of    Columbia, 
1529a,   ir.29b. 
FLIGHTS: 

Signal  Corps,  organLation  of,  8901,  890j. 
FLOUR.     See  Food  and  fuel  oonservatioiK 


FOOD  AND  FUEL  CONSERVATION: 

Acceptance  of  service  without  compen- 
sation,   1681. 

Agencies,  use  and  coordination  of,  1681. 

Agents,  interference  with  in  performance 
of  duties  under  Act,  1733. 

Annual  report  to  Congress  of  proceed- 
ings under  Act,  1738,  1739. 

APPROPUIATION — 

Continuing,  for  other  uses  made  nec- 
essary by  act,  1735. 

for  Employees,  printing,  rent,  etc., 
1734.  « 

Monthly  statement  of  disbursements 
to  be  filed,  1736. 

Persons  employed  under  act  subject  to 
draft,    1737. 
Associations.      See  this   title.   Words   de- 
fined. 
Authority,  etc.,  conferred  for,  1679. 
Beans,  purchase  and  sale  of,  1705-1707. 
Board    of   trade   transactions.      See    this 

title,  Hoarding  necessaries. 
Clearing    houses.      See    this    title    under 

"Evil    practices." 
Coal   and  Coke — 

Agency  for  exercising  authority  in 
connection    with,    1745. 

Allies  at  war  with  Germany  not  bound 
by  maximum  prices,  1762. 

Contracts,  prior,  not  affected  by  maxi- 
mum prices,   1760. 

Dealers,  determining  maximum  prices, 
for,    1757,    1759. 

Determination  of  value  of  plants  taken 
over,  method  of,  1748. 

Federal  Trade  Commission,  access  to 
books,  papers,  etc.,  of  mine  opera- 
tors, 1756. 

Federal  Trade  Commission,  Inquiry 
into  cost  of  production  of,  1755, 
1756. 

Fixing  and  publishing  maximum  prices 
for  producers  and  dealers,  1757- 
1762. 

Fixing  prices  of,  1745. 

Maximum  prices  not  to  affect  exist- 
ing contracts,  1760. 

Maximum  prices,  violation  of  provl' 
sions  as  to,  1761. 

Mine  operators,  access  by  Federal 
Trade  Commission  to  books,  papers, 
etc.,  of,   1756. 

Rloneys  received  for  sale  of,  disposi- 
tion, 1754. 

Notice  to  owners  of  purchase  of  out- 
put by  Government,  1751. 

Operation  of  plants  by  Government, 
1746. 

Owners  to  cease  shipments  on  notice 
of  purchase  of  output  by  Govern- 
ment, 1751. 

Payment  for  purchase  by  Government, 
determination  of  value,  1752. 

Payment  of  compensation  to  owners  of 
plants  requisitioned,  1747. 


664 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


FOOD    AND  FUEL  CONSERVATION — Con. 
Coal  and  Coke — Continued. 

Producers,        determining        maximum 

prices  for,  1757,  1758. 
Purcliase  and  sale  by  Government,  reg- 
ulations for,  1750. 
Purchases    by    United    States    not    af- 
fected by  maximum  prices,  1762. 
Regulation    of    production,    sale,    etc., 

1745. 
Regulations    for    operation    of    plants 

requisitioned,  1749. 
Regulations  for  purchase  and  sale  of, 

by  Government,  I'fto. 
Sales  by  Government,  prlce&>   1753. 
Taking  over  plants  on  failure  to  con- 
form to  price  regulations,  1746. 
War    with    Germany,    purchase   of,    by 
governments  at,  1762. 
Commandeering.     See  this  title,  Requisi- 
tioning for  military  purposes. 
Conspiracy — 

Exact  excessive  prices  for,  1685. 
Limit  distribution,  etc.,  1685,  1701. 
Limit  manufacture,  etc.,  1685,  1701. 
Limit  transportation,  etc.,  1685,   1701, 
Constitutionality  of  Act,  partial  invalid- 
ity not  to  affect  other  portions,  1740 
Contents  of  report  to  Congress,  1739. 
Contracts — 

Agents  or   employees   not  to  be   intcr- 
.     ested  in,  1682. 

Recommendation     of     agents     or     em- 
ployees as  to,  1683. 
Corporations.      See  this  title,   Words   de- 
fined. 
Destroying    necessaries.      See    this    title, 

Necessaries. 
Destroying,  holding,  storing,  etc.,  to  limit 

supply,  1763-1765. 
Destroying,     wasting,     or     monopolizing, 

1685. 
Distilled  Spirits — 

Commandeering  amount  in  bond  or  in 

stock,  1731,  1732. 
Commandeering,        determination        of 

value  and  payment  for,  1732. 
Foods,  fruits,  etc.,  used  in  production 

for  beverage  purposes,  1724. 
Foods,  fruits,  etc.,  used  in  production 
for    other    than    beverage    purposes, 
1725. 
Importation,  prohibited,  1726. 
Manufacture  of  vinous  or  malt  liquors 

in  prohibition  territory,  1730. 
Malt  or  vinous  liquors,  restrictions  on 

use  of  food,  etc.,  for,  1727. 
Notice  of  restrictions  as  to  production 

of,  1728. 
Violation   of   provisions   as  to   produc- 
tion, 1729. 
District  attorneys,   duties  in   libel  cases, 

1699. 
Distribution.     See  this  title.  Licenses. 
Employees — 

See  this  title,  Appropriation. 


FOOD    AND  FUEL  CONSERVATION— Con. 
Employees — Continued. 

Interference   with,    in    performance    of 

duties,  1733. 
Subject     to     military     service     under 
Draft  Act,  1737. 
"  Evil  Practices  " — 

I'uuishmeut    for    violation    of    regula- 
tions to  prevent,  1717. 
Records  and  returns  of  clearing  houses, 

etc.,   1716. 
Regulations  to  prevent,  1714-1717. 
Scope  of  regulations,  1715. 
Exchange    transactions.      See    this    title, 

Hoarding  necessaries. 
Factories,  requisitioning  for  common  de- 
fense,  1708-1713. 
Farm  and  garden  products,  holding,  stor- 
ing, etc.,  1764,  1765. 
Flour,  purchase  and  sale  of,  1705-1707. 
Hoarding  Necessaries — 

See  also  this  title,  Necessaries. 

Board  of  trade  transactions  excepted, 

1695. 
District  attorney,  duties  in  libel  cases, 

1699. 
Exchange  transactions  excepted,   1695. 
Farm  and  garden  products,  accumulat- 
ing not,  1696. 
Farmers   accumulating   farm    and   gar- 
den products  excepted,  1696. 
Hoarding  defined,  1694. 
Jurisdiction  in  libel  proceedings,  1697. 
Procedure  in  libel  cases,  1698. 
Punishment  for,  1693. 
Sale  of  seized  articles,  1697. 
Seizure  by  libel,  1697. 
Holding  or  accumulating  excepted,  1765. 
Holding,  persons  exempted,  1704,  1765. 
Holding,     storing,     destroying,     etc.,     to 

limit  supply,  1763-1765. 
Imports.     See  this  title  Licenses. 
Interference    with    officers,    etc.,    in    per- 
forming duties  under  act,  1733. 
Libel,  seizure  by.     See  this  title  Hoardinq 

necessaries. 
Licenses — 

Carrying  on  business  after  revocation 

or  suspension  of,  1690. 
Carrying  on  business  without,  1690. 
Commissions,  unjust  by  licensee,  1688, 

1089. 
Distribute,  manufacture,  etc.,  1686. 
Import,  manufacture,  etc.,  1686. 
Manufacture,     store,    etc.,     necessities, 

1686. 
Mining,  storing,  etc.,  1686. 
Persons  excepted,  1691. 
Practices,    unfair    by    licensee,     1688, 

1689. 
President    to    determine    just    storage 

charges,  commissions,  etc.,  1689. 
Profits,  unjust  by  licensee,  1688,  1689. 
Regulations  for  issuance  of,  1687. 
Retailers  defined,  1692. 
Storage     charges,     unreasonable,     etc., 
1688.  1689. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


665 


FOOD  AND  FUEL  CONSERVATION— Con. 

Licenses — Continued. 

Storage,    manufacture,    etc.,    of    neces- 
sities,   1686. 
Malt    or    vinous    liquors.     See   this    title 

])i,%filled  spirits. 
Manufacture.     See  this  title  Licenses. 
Meal,  purchase  and  sale  of,  1705-1707, 
Mines,    requisitioning    for    common    de- 
fense,   1708-1713. 
Mining.     See  this  title  Licenses. 
Monopolizing,     destroying,     or     wasting, 

1685. 
Necessaries — 

See    also    this    title    Hoarding    neces- 
saries. 

Conspiring  to  limit  transportation,  etc., 
•      of,    1685-1701. 

Destroying    to   enhance   price,    punish- 
ment, 1700. 

Required  for  consumption  exempt  from 
requisition,  1704. 
NiTUATE   OF    Soda — 

Acquisition  and  sale  of  stocks  of,  1767. 

Agencies   as   to,    1768. 

Appropriation  for,  1768. 

Moneys  received  from  sales  of,  dispo- 
sition,  1769. 

Regulations  as  to,  1768. 
Officers,  interference  with  performance  of 

duties  under   act,   1733.    . 
Oil  pipe-lines,  requisitioning  for  common 

defense,  1708-1713. 
Packing   houses,   requisitioning    for   com- 
mon defense,  1708-1713. 
Partial    invalidity    of   act    not    to    affect 

other  portions,  1740. 
Partnerships.     See   this   title   Words    de- 
fined. 
Potatoes,    purchase    and    sale    of,    1705- 

1707. 
President     to     determine     just     storage 

charges,  etc.,  1689. 
Printing   for.     See   this   title   Appropria- 
tion. 
Procedure  in  libel  cases,  1698. 
Regulations  by  President  for,  1680. 
Rent.     See  this  title  Appropriation. 

REI'OUTS — 

Annual  to  Congress,  1738. 

Contents  of,   1739. 
Requisitioning  for  Military  Purposes — 

Moneys  received  from  operation  of  fac- 
tories, etc.,  disposition,  1713. 

Regulations  for  carrying  out  provisions, 
1712. 

Value    of    property    taken,    determina- 
tion, 1711.   . 
Requisitioning  for  National  Defense — 

Coal  and  coke  plants  on  failure  to  con- 
form to  price  regulations,  1746-1749. 
Requisitioning   for   Public   Defense — 

Compensation  for  property,  etc.,  taken, 
1710. 

Detennination   of   value  and  payment 
for,   1703. 


FOOD   AND  FUEL  CONSERVATION— Con. 
Requisitioning   for   Public   Defense — 
Continued. 
Distilled  spirits,  determination  of  value 

and  payment  for,  1732. 
Distilled  spirits  in  bond  or  stock,  1731. 
Factories,   packing  houses,   etc..   1708- 

1713. 
Foods,  feeds,  fuels,  etc.,  1702. 
Necessaries    required    for    consumptiou 

excepted,   1704. 
Restoration  of  factories,  etc.,  to  owner. 

1709. 
Seed  for  cultivation  of  land  excepted, 
1704. 
Retailers  defined,  1692. 
Seizure   by   libel.     See   this   title   Hoard- 
ing necessaries. 
Sherman     Antitrust    Act    not    repealed, 

1766. 
Storage.     See  this  title  License. 
Storing,  holding,  destroying,  etc.,  to  limit 

supply,  1763-1765. 
Storing,  persons  excepted,  1764,  1765. 
Termination  of  operative  effect  of  act  not 
to  affect  offenses   committed  prior  to, 
1744. 
Termination  of  operative  effect  of  act  not 

to  affect  rights  accrued  under,  1744. 
Time   when   act   ceases   to    be   operative, 

1743,    1744. 
Unfair  discrimination,  etc.,  1685. 
Unjust  charges,  etc.,  1685. 
Unlawful   restraints  and  monopolies  act 

not  repealed,   1766. 
Vinous   or   malt   liquors.      See   this   title 

Distilled    spirits. 
Wasting,     destroying,     or     monopolizing, 

1085. 
Wheat — 

Fixing    guaranteed    prices    for,    1718, 

1719. 
(Guaranteed  prices,  regulations  in  con- 
nection with,   1720. 
Levy  of  duty  on  imported,  1721a. 
Minimum    of    guaranteed    price    made 

absolute,    1721. 
Moneys    received    from    sales,    disposi- 
tion of,  1723. 
Purchase  and  sale  of,  1705-1707. 
Purchase  by  United  States  where  price 

has   been   guaranteed,    1722. 
Sale    of    purchases    made    by    United 

States,   1722,   1723. 
Stimulate  production  of,  1718. 
Words  defined,  1741,  1742. 
FORAGE : 

no    Discrimination    on    account    of    loca- 
tion, 557. 
Furnished  officers  according  to  rank,  554. 
Officers,  allowance,  651a. 
Officers  separated  from  horses,  559,  560. 
FOREIGN    ARMIES: 

Enlisted  men.     See  this  title  Offlcers  and 

enlisted  men. 
Mileage  for  offlcers,  etc.,  of,  serving  with 
Aviation  Section,  678b,  889yy. 


666 


MILITARY   LAWS   OF   THE   UNITED    STATES,   1915. 


FOREIGN    ARMIES — Continued. 

Observers  on  duty  with,  expenses,  673a. 

Officers  and  enlisted  men  attached  to 
United  States  Army,  expenses,  673b, 
S8&jy. 

Pension  claims,  repatriated  American 
citizens  who  served  in,   1468d. 

Repatriation  of  American  citizens  ex- 
patriated by  enlistment  in,  1468c— 
1468h. 

Traveling    expenses    of   officers,    etc.,    at- 
tached  to   United   States  Army,   673b, 
889yy. 
FOREIGN   COMMERCE: 

Seo  also  Espionage;  Foreign  Oovern- 
mentsj  Foreign  languages;  Foreign  re- 
lations;  Neutrality;   Vessels,   etc. 

Injuring  vessels  engaged  in,  punishment, 
1469n. 

Interference  with,  by  violent  means,  pun- 
ishment,   1469n. 
FOREIGN    COUNTRIES: 

Enlistment    of    subjects    or    citizens    in 
United   States,   1468b. 
FOREIGN  DECORATIONS: 

Acceptance  by  officers,  wearing,  etc.,  1011. 

Tender  of,  to  officers,  how  made,  1012. 
FOREIGN    EXCHANGE: 

Transactions   in    gold    or    silver    coin    or 
bullion,   etc.,    1425u. 
FOREIGN   GOVERNMENTS: 

See  also  Foreign  decorations ;  Espionage; 
Foreign  commerce;  Foreign  languages; 
Foreign  relations;  Neutrality;  Vessels, 
etc. 

Accepting  commission  under,  1467. 

Agent,  acting  as,  without  notice  to  Sec- 
retary of  State,  1672. 

Augmenting  forces  of  belligerent,  in 
United   States,   1470. 

Communicating  national  defense  infor- 
mation to,  punishment,  1317ib. 

Conspiracy  to  injure,  etc.,  property  of, 
in  United  States,  1674. 

Consular  officer,  punishment  for  falsely 
pretending  to  be,   1671. 

Criminal  correspondence  with,  punish- 
ment, 1415h. 

Defined,    1673. 

Diplomatic  officer,  punishment  for  falsely 
pretending  to  be,  1671. 

Enlisting  in  United  States  for  service 
under,    1468,    1474. 

Fitting  out  ships  in  United  States  for 
service  under,   1469. 

Furnishing  unlawful  information,  etc., 
to,   penalty,   13174-1317i. 

National  defense  information,  communi- 
cating  to,   1317ib. 

Possession  or  control  of  property  or  pa- 
pers in  aid  of,  131741. 

Redress  of  private  injuries,  1415h. 

Sale  of  airplane  war  materials  to,  1255a, 
1255b. 

Untrue  statements  as  to  foreign  rela- 
tions to  influence,  punishment,  1670. 


FOREIGN   INSURANCE   COMPANIES: 
Prohibiting   or   licensing   to   do   business 
in  United  States,  1425r. 
FOREIGN    LANGUAGES: 

See  also  Espionage ;  Foreign   commerce; 
Foreign    Governments;    Foreign    relor 
tions;  Neutrality,  etc. 
Newspapers — 

Copies  of  permits  and  revocations  of, 

253j. 
Filing   translation   before   mailing, 

253g-253k. 
Matter    unlawful    to    be    published    in, 

253f. 
Nonmailable,  when,  253h. 
Permits    to   publish,    2531. 
Punishment  for  making  affidavit   con- 
taining false   statement,  253k. 
Periodicals.     See  this  title.  Publications. 
Publications — 

Copies  of  permits  and  revocations  of, 

253j. 
Filing      translation      before      mailing, 

253g-253k. 
Matter    unlawful    to   be    published    In, 

253f. 
Nonmailable,    when,    253h. 
Periodical,  permits  to  publish,  2531. 
Punishment  for   making  affidavit   con- 
taining false  statement,  253k. 
Under   permits   to    bear    certificate    as 
to,    253j. 
FOREIGN    RELATIONS: 

See  also  Espionage;  Foreign  commerce; 
Foreign     Governments;    Foreign     lan- 
guages; Neutrality,   etc. 
Agent  of  foreign  Government,  acting  as 
without  notice  to   Secretary  of   State, 
1672. 
Conspiracy    to   injury,    etc.,    property    of 
foreign  Government  in  United   States, 
1674. 
Foreign  Government  defined,  1673. 

PASSPORTS — 

Application  for,  contents,  1675. 

Counterfeiting,  etc.,  punishment,  1678. 

False   statements   in    applications   for, 
1676. 

Fees    for,    1675. 

Forging,  etc.,  punishment,  1678. 

Furnishing  for  person  other  than   for 
whom  issued,  1677. 

Issued  for  another,  use  of,  1677. 

Obtained  through  false  statements,  use 
of,    1676. 
Punishment   for  pretending  to   be   diplo- 
matic or  consular  officer,  1671. 
Untrue   statements,    to   influence   foreign 

Governments,  punishment,  1670. 
FOREIGN    SERVICE: 

Additional     pay     for     clerks,    etc.,     362, 

3G2a,    362b. 
Commencement,  etc.,  of  leaves  while  on, 

603. 
Double  time  not  counted  for  retirement 

of  officers  of  Philippine  Scouts,  339b. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


667 


FOREIGN   SERVICE — Continued. 

Enlisted  men,  counted  double  time.     See 

Retirement,  Army. 
Enlisted    men,    increased   pay    for.      See 

Pay  of  enlisted  m,en. 
Nurse    Corps,    increased    pay    for.       So^ 

Nurse   Corps. 
Officers,   increased  pay  for.     See  Pay  0/ 

officers. 
FOREIGN   VESSELS: 
See  also  Vessels. 
Compelling      departure      of      belligerent, 

1473,    1473a. 
FOREIGN   WAR.      See   War. 
FOREST    RESERVES: 

Rights  of  way  over,  for  telegraphs,  etc., 

1282,    1283. 
FORGERY : 

Bonds,  bids,  public  records,  etc.,  penalty, 

131. 
Certificate  of  discharge,   penalty,   131a. 
FORMS : 

for    Accounts    prescribed    by    the    Comp- 
troller,   200. 
Public    printer    to    furnish    departments, 

112. 
for  Returns  to  Returns  Office,   1214. 
FORT    BAYARD    GENERAL    HOSPITAL: 
Commutation  of  rations  for  patients  in, 

612,    611b. 
FORT  LEAVENWORTH,  KANS.  : 

Transfer  of  military  prison  to,  475. 
FORTIFICATIONS  : 

Appropriations,    disposition    of   balances, 

192. 
Condemnation     proceedings,     sites     for, 

802a-802d. 
Commandeering    or    requisitioning    lands 

for,    802d. 
Constructed  by  contract,  after  advertise- 
ment,  806. 
Donation  of  lands  for,  acceptance,  802c. 
Donations  of  sites  for,  acceptance,   804. 
Employment  of  draftsmen  for,  818. 
Enlisted  men  may  aid  and  oversee  work 

on,    797. 
Erection    of    temporary,    in    emergencies, 

259,    805. 
Examination   of   title   to   lands   acquired 

as    sites,    258. 
Examination   of   title,   etc.,   to   lands   for 

prior  to  possession  waived,   802d. 
01)tain1ng,    communicating,    etc.,    unlaw- 
ful   information    concerning,    penalty, 

13174-13171. 
Officers  constructing,  to  disburse  moneys, 

807. 
Procurement    of   sites   by    condemnation, 

etc.,    802. 
Purchase  of  lands  for,  at  agreed  price, 

802b. 
R'Mluisitioning    or    commandeering   lands 

for,   802d. 
Sites,  expenditures  for,  restricted,  803. 
Sites   for,  donated,  acceptance,  804. 
Sites  for,  to  include  sites  for  barracks, 

803. 


FORTIFICATIONS — Continued- 
Trespass  upon  or  interference  with,  pen- 
alty, 1315,  1315a.  1315b. 
FORTS : 

See  also  Fortifications. 

Erection    of    temporary,    in    emergencies, 

259,   805. 
Examination  of  title  to  land  acquired  as 
sites,    258. 
FRANKING  PRIVILEGE: 
See   also   Mail   matter. 
Extended  to  all  officers  of  United  States 
Government,    255. 
FRAUD : 

in  Connection  with  claims.     See   Claima. 
Obtaining   payment    of    compensation    or 

family  allowance  by,  1483jj. 
Offering  bribe  to  officer  to  commit,  pen- 
alty, 1251. 
Officers     investigating,     may     administer 
oaths,  64. 
FRAUDULENT  ENLISTMENT : 

Constitutes    military    offense,     1033,    54 
A.  W. 
FREIGHT  : 

on  Ordnance  issue,  not  to  be  paid,  848. 
FUEL  : 

See  also  Forage. 

Certificate     or     inspection     attached     to 

voucher,  1244. 
in     District     of     Columbia,     regulations, 

1242-1244. 
Furnished  officers  according  to  rank,  554, 

555. 
Inspection  in  District  of  Columbia,  1243, 

1244. 
Officers'  allowance,  651a. 
FUEL  CONSERVATION  : 

See  Food  and  fuel  conservation. 
FUNDS : 

See  also  PuMic  moneys. 
Exchange  of,  restrictions  upon,  401. 
of  Soldiers'   Home.     See  Soldiers'  Home. 
FUNERAL    EXPENSES.      See    Burial    ex- 
penses. 
FURLOUGH : 

into  Army  Reserve,  1031,  1031a,  1031c. 
Commutation  of  rations  of  enlisted  men, 

611. 
Extra  pay  in  lieu  of,  on  muster  out  of 

volunteers,   1383e,  1383j. 
Medical   care   of   officers,   etc.,   while   on, 
776. 
GARDENER : 

in  Office  of  Chief  of  Staff,  362,  362a. 
GARDENS.     See  Military  posts,  gardens, 
GARNISHMENT  : 

Property.       See     Trading     with    Enemy, 
Alien  Property  Custodian. 
GARRISON  COURTS-MARTIAL  : 

See  also  Articles  of  War;  Courts -martial. 
Jurisdiction  restricted,  924. 
GAS: 

Price  of,  for  public  buildings.  District  of 

Columbia,  122a. 
Proceeds  of  sales   of,  at  Military   Acad- 
emy,   1178. 


668 


MILITABY   LAWS   OF    THE    UNITED   STATES,   1915. 


GAUGES : 

Cooperation     of     departments,     bureaus, 

etc.,  in  standardizing,  1611a. 
GENERAL : 

Appointment    for    period    of    emergency, 

number,  350d. 
Fuel  and  forage  allowed,  554. 
Pay,  635. 

I'ay  and  allowances,  350e. 
GENERAL     ARMY      SERVICE      DETACH- 
MENT : 
at  Military  Academy,  1170. 
Part  of  Regular  Army,  331a. 
GENERAL     COURTS-MARTIAL.        See 

Courts-martial  J  Articles  of  War. 
GENERAL  GRANT  NATIONAL  PARK  : 
Detail  of  troops  for  protection,  1301. 
Rights  of  way  through,  1282. 
GENERAL  HOSPITALS.     See  Hospitals. 
GENERAL  OFFICERS.     See  Ofjlcers,  Army. 
Gi]NERAL  PRISONERS: 

See  also  Disciplinary  barracks;  Military 

prison. 
Commutation  of  rations,  611b,  611c. 
Restoration  to  duty,  488a,  488b. 
GENERAL  STAFF  CORPS; 
See  also  Chief  of  Staff. 
Aids-de-camp  not  authorized,  369. 
Assignments    in     District    of    Columbia, 

3G9a,   3G9ai. 
Assignments  to  War  College,  369c. 
Assignments  with  any  branch   of  Army, 

366c. 
Assistants  to  Chief  of  Staff,  two  general. 

oflicers,  366f. 
Board  on  details,  365a. 
Chief     of     Coast     Artillery     additional 

member,  370,  370a. 
Chief    of    Militia    Bureau    member,    371, 

1337a. 
Civilian  employees.     See   Chief  of  Staff. 
Composition,  366,  366a,  366f,  367. 
Composition     of,     during     existing     war, 

366f. 
Details  in,  period,  366,  366b,  366f. 
Details    on    recommendation    of    board, 

365a. 
Duties,  368,  369b. 
Duties   limited    to   those   specified,    370a, 

370b. 
Duties,  violation,  penalty,  370c, 
Establishment,  365. 

Expenses  of  .observers,  how  paid,  673a. 
Military  problems,  etc.,  study  of,  369b. 
Part  of  Regular  Army,  331a. 
President  of  Army  War  College,  366f. 
Promotion  during  detail,  effect,  365b. 
Redetail,  limitation,  366d,  366f. 
Supervision  of  War  College,  369c. 
Temporary  assignment  to  duty  with  any 

branch  of  army,  366c. 
,      Tour  of  detail  in,  366b. 

Vacancies  due  to  details  to,  filling,  366e, 

366f. 
GENERAL  SUPPLY  COMMITTEE: 
Duties,  etc.,  1197. 


GERMAN  GOVERNMENT.      See  War  toith 

Oermany. 
GERMAN  INSURANCE  COMPANIES: 
Proclamation     of    President     relative     to 
marine   and  war-risk   insurance  as  af- 
fecting, 1425k. 
GKItMANY.     See  ^Yar  with  Oermany. 
GEOLOGICAL         SURVEY,         UNITED 
STATES : 
Assistance  in  making  surveys  and  mapa,- 

808b. 
Transportation  of  property  for,  532. 
GOETIIALS,    GEORGE    W.  : 

Promoted  to  major  general,  927b,  927e. 
may  Retire,  on  application,  927j. 
Thanks  of  Congress  tendered,  927a. 
GOLD  : 

Coin     or     bullion.       See     Trading     with 

enemy.    License. 
Coin    or    bullion    in    cargoes    for    export, 
report   of,   1439d. 
GORGAS,    WILLIAM    C.  : 

Promoted   to   major  general,   927b,   927e. 
may  Retire,  on  application,  927j. 
Thanks  of  Congress  tendered,  927a. 
GOVERNMENT : 

Manufacture  of  arms.  Investigation,  1606. 
Republican      form,      guaranteed      States, 
1414. 
GOVERNMENT    BUSINESS.       See    Publio 

business. 
GOVERNMENT    EMPLOYEES.      See   Civil- 
ian  Emplnyees.  , 
GOVERNMENT    ESTABLISHMENT.       See 

Independent  establishments. 
GOVERNMENT      HOSPITAL      FOR       IN- 
SANE : 
See  also  Hospitals  j  Insane  persons. 
Admission  of  insane  of  Army,  1524,  1525. 
Admission  of  interned  persons  to,  l52oa. 
Admission  of  prisoners  of  war  to,  1525a. 
Appropriation.      See    this    title    Transfer 

of  part   of   appropriation. 
Establishment   of,   in  District  of  Colum- 
bia,  1524. 
.Turisdiction    of   superintendents    of   pub- 
lic hospitals  over  patients  transferred 
to,   152()C. 
Transfer  from  military  hospital   to  pub- 
lic   hospital,    1526b,    1526c. 
Transfer    of    part    of   appropriation    for, 

to  public  hospitals,  1526d. 
Transfer  to  public  hospitals  patients  en- 
titled to  treatment  in,  1526a. 
Use  of  Anacostia  Flats  by,  1524a. 
GOVERNMENT    PLANTS: 
See  also  Munition  Plants. 
Sales    of    surplus    products,    521,    521a, 
521b. 
GOVERNMENT  PRINTING  OFFICE  : 
Details    of    employees    from,    restricted, 
33. 
GOVERNMENT  PUBLICATIONS  : 

Depositories  of,  designated,  125.  125a. 
GOVERNMENT  SEAL.     See  Seal  of  United 
States, 


MILITARY   LAWS  OF   THE  UNITED  STATES,   1915. 


669 


GRADUATES  : 

of   Array    schools   for   bakcre  and   cooks, 

1188. 
of      Military      Academy.      See      Military 
Academy. 
GRAND  ARMY  OF  THE  REPUBLIC  : 
Loans  of  tents  to,  authorized,   1259b. 
Loans   or   gifts   of   condemned   ordnance, 

etc.,   849. 
Unlawfully    wearing    badge    of,    penalty, 
1025. 
GRANDCHILD : 

Age  limit  as  to  allotments,  family  allow- 
ances, etc.,  exception,  1483v. 
Defined   as   to   allotments,    family   allow- 
ances,   compensation,    and    insurance, 
1483U. 
Family    allowances.      See   Family    allow- 
ances. 
GRATUITOUS    ISSUES: 

of  Clothing.     See  Clothing,  Army. 
of   Ordnance.      See    Ordnance. 
GRATUITY  : 

Beneficiary   to  receive,  to  be  designated, 

1061,    1062. 
Provisio'n    for,    superseded   by    compensa- 
tion law,   1483www. 
GUAM: 

Merchandise    for,    by    Army    transports, 

530. 
Passengers  to,  by  Army  transports,  528. 
GUANO    ISLANDS: 

Protection  of  rights  of  discoverer,  1479. 
GUARD.'     See  Prison  guard. 
GUN  BATTERY.     See  Artillery;  Field  Ar- 
tillery. 
GUN   CARRIAGES: 

Appropriation  for  tests  of,  878. 
GUN    COMMANDERS  : 

Additional  pay  for  qualifying,  699,  699a. 
Authorized    number    of,    not    to    be    in- 
creased, 700. 
GUN   FACTORIES: 

See   Armories   and   Arsenals. 
GUN   FIRE: 

Claims  for  damages  caused  by,  162,  162a. 
GUN    POINTERS: 

Additional  pay  for  qualifying,  699,  699a. 
Authorized  number,  not  to  be  increased, 
700. 
GUNNERS : 

Expert  first-class,  Field  Artillery,  pay  for 

qualifying,    699a. 
First  and   second   class,  pay  for  qualify- 
ing,  699,   699a. 
Master,  rate  of  pay,  695. 
GUNS,      See  Cannon. 
HABEAS    CORPUS: 

Application  for  writ,  269. 

Conditions  under  which  writ  may  issue, 

268. 
Directed   to   one   in   possession   of   body, 

270. 
Disposition   of  party   on   summary   hear- 
ing,  275. 
in  Hawaii,   suspension   of,   1478. 


HABEAS  CORPUS — Continued. 

Hearing  within  five  days  after  return  of 
writ,   274. 

Issue   of  writ,   allowance  and   diredion, 
270. 

Issue  of  writ,  courts  empowered,  266. 

Issue  of  writ,  powers  of  Federal  Judges, 
267. 

Prisoner  In  jail,  268. 

Return,  form  prescribed,  272. 

Retijfn,  production  of  body,  273. 

Return,  time  prescribed,  271. 

Summary   hearing,    275. 

Suspension  of   writ,    276. 
HAMMOND,  JOHN  HAYS,  Jr.: 

Purchase  of  inventions  of  radiodynamlc 
torpedo  control,  1612. 
HANDS  : 

Maximum  compensation  for  loss  of  both, 
1483XX. 
HARBOR    DEFENSES: 

Plans  for  improving,  for  fleet  operations, 
for  98a. 

Trespass  upon,  penalty,  1315,  1315a. 
HARBOR  WORKS.     See  River  and  harbor 

works. 
HAWAII : 

Assignment  of  pay  of  surgeons  in,  740. 

Employment  of  military  forces  in,  1478. 

Enlisted  men,  service  in.     See  Pay  of  en- 
listed men  J  Retirement,  Army. 

Habeas    corpus,    governor   may    suspend, 
1478. 

Leases  of  lands  in,  for  military  purposes, 
1292. 

Militia,  election  of  oflicers,  law  not  to  ap- 
ply,  1376. 

Militia   laws  of  United    States   to  apply, 
1376. 

National  Guard  laws  applicable  to,  1321a. 

Nurse  Corps,  no  additional  pay  for  duty 
in,  771. 

Posse  comitatus,  governor  may  summon, 
1478. 
HAZING  : 

at      Military      Academy.     See      MiUtarij 
Academy. 
HEADQUARTERS  : 

Army   field   clerks.      See  Army  field  clerks. 

Detail  of  clerks  to  War  Department,  for- 
bidden,  31,   362b.       • 

Employees,    cJassiflcation    and    pay,    302, 
362a,  362b. 

Employees,    employed    and    assigned    by 
Secretary  of  War,  362d. 

Establishment,    Secretary   of  War   to   di- 
rect,  364. 

Signal    Corps    divisions,     brigades,     etc., 
S90j. 
HEADQUARTERS  COMPANY : 

Field  Artillery — 
Increase,  1091h. 

Three  battalion  regiment,  1091d. 
Two  battalion  regiment,  1091c. 

Infantry,    1097a. 
HEADQUARTERS  DETACHMENT: 

Signal  Corps,  890J. 


670 


MILITARY   LAWS   OF    THE   UNITED   STATES,  1915. 


HEADQUARTERS  TROOP : 

Cavalry,  organizatioB,  1074b. 
HEADS : 

of  Bureaus.     Sec  Executive  departments ; 

Bureaus. 
of   Departments.     See   Executive   depart- 
ments. 
HEALTH   LAWS: 

State,   to   be   observed   by  United    States 
officers,  1462. 
HEAT  AND  LIGHT : 
See  also  Fuel. 
Commutation   of,    668c. 
Furnished  officers,  limitations  upon,  556. 
HIGH    SCHOOLS.     See    Washington    high 

f^chools. 
HIGH   SEAS: 

Jurisdiction  over  offenses  or  seizures  on, 

300,  301. 
Property  captured  on,  condemnation,  302. 
HIGHWAYS  : 

Right    of    way    for,    over    public    lands, 
1283a. 
HODGES,  H.  F.  : 

Promoted  to  brigadier  general,  927b,  927e, 
may  Retire,  on  application,  927j. 
Thanks  of  Congress  tendered,  927a. 
HOLIDAYS : 

Annual   leaves   of   employees   not   to   in- 
clude,  52. 
Armories  and  arsenals,   annual   leave  of 
In  District  of  Columbia,  days   constitut- 
ing, 53. 
Labor  Day  made  legal  holiday,  56. 
Per  diem  employees  to  receive  pay,  54,  55. 
employees  not  affected  by,  857h. 
HOME  GUARDS: 

Arms    and    ammunition    for    equipment, 

1361e. 
Use  of  rifle  ranges  extended  to,  1361f. 
HOMES     FOR     DISABLED    VOLUNTEER 
SOLDIERS.     See  National  Home  for  Dis- 
abled Volunteer  Soldiers. 
HOMESTEADS : 

Acquired  by  soldier,  how,  1270. 
Affidavits  of  persons  in  armed  forces  as 

to,  12721. 
Contests  on  ground  of  abandonment  pro- 
hibited, 1272b. 
DiHluction  for  military  service,  1271. 
Entry  by  agent  of  soldier,  1273. 
Military  service  equivalent  to  residence, 

1272,  1272a,  1272b. 
Patent,  residence  for  one  year,  etc.,  con- 
dition precedent  to,  1272c. 
Widow    or    children    entitled    to    patent, 
1271,  1272d. 
HONORABLE      DISCHARGE.      See      Dis- 
charge. 
HONORABLE  SERVICE  ROLL  : 

Establishment  of,  forbidden,  38. 
HONOR  GRADUATES  OF  COLLEGES  : 
Appointment,  cadets  at  large,  1139a. 
Appointment,  second  lieutenants,  331d. 


HORSES  : 

Allowance    to    Indian    scouts    who    fur- 
nish, 334,  696. 

Allowance  to  regimental  quartermasters, 
554. 

Appropriations  for,  restrictions  upon  use, 
541. 

Condemned,  217e. 

Condemned,  issue  to  militia,  1364c. 

for  Field  Artillery,   militia,  number  and 
care,  1364a. 

Furnished  officers  below  major,  637. 

Issues  to  militia,  1364b,  1364c. 

Lost  by  capture,  payment  for,  217d. 

Lost  by  minor  in  militarj'  service,  217f. 

Lost   in   battle,   payment   to   officers   for, 
217b. 

Lost  in  military  service,  217c. 

Open-market  purchases  of,  541,  542. 

Polo  ponies  for  Military  Academy,  542. 

Purchase,  after  advertisement,   539,   540. 

Purchase,  for  issue  to  militia,  1364b. 

Purchase,    from   officers   ordered    abroad, 
558. 

Purchase,  limitation  upon,  537,  538. 

Purchase  of,  and  mules  aftec  advertise- 
ment, 1235. 

Purchase,  regulations  for,  541,  542. 

Purchase,   transportation   from   place   of, 
561. 

Sale  of,  in  Indian  country.     See  Indian 
country. 

Sale,  not  required  for  Regular  Army,  etc., 
53Sa. 

Shelter  and  shoeing  of  officers',  559,  560. 

Transfer    to    National    Guard    organiza- 
tions, 13640. 

Transportation     of     authorized     number, 
561. 

Transportation,    excess    over    authorized, 
527. 
HORSESHOER : 

Designated,  703. 

Medical  Department,  percentage,  766e. 

Pay,  695a. 

Pay,  additional  as,  698. 

Signal  Corps,  percentage,  890a. 
HORSE  SHOWS: 

Expenses   incident   to,   restrictions   upon, 
543. 

Officers,  etc.,  may  be  directed  to  attend. 
543. 
HOSPITAL  ATTENDANTS: 

Gratuitous  issue  of  clothing  to,  572. 
HOSPITAL  CORPS: 

See   also   Medical   Department;   Enlisted 
men. 

Acting  cooks,  pay,  695. 

Ambulance  companies,  organization,  768. 

Companies    of    instruction,    organization, 
768. 

Compositon,  756,  757. 

Comprises   part   of  Medical   Department, 
728. 

Detachments,  organization,  768. 

Enlisted  men,  pay,  763-765. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


671 


HOSPITAL  CORPS— Continued. 

Enlisted  men,   transfers   to,   from   Army, 

766,  1037. 
Enlisted  men  transferred  to  Medical  De- 
partment, 756b. 
Field  hospitals,  organization,  768. 
Hospitals.     See  Hospitals. 
Noncommissioned  officers,  rank  and  pay, 

763-765. 
Nurse  Corps.     See  Nurse  Corps. 
Organization,  756,  757. 
Privates,  detail  as  acting  stewards,  767. 
Privates,  number  and  duties,  766. 
Privates,  rate  of  pay,  698. 
Sergeants,  first  class,  pay,  695. 
Stewards.     See   Hospital   stewards. 
HOSPITAL  MATRONS  : 

Employment  of,  authorized,  773. 
Entitled  to  one  ration  daily,  598. 
Pay  and  allowances,  774. 
HOSPITALS: 

See    also    Hospital    Corps;    Oovemment 

Hospitals  for  Insane. 
Command  of,  by  contract  surgeons,   739. 
Command  of,  by  volunteer  officers,  1393. 
Commutation     of    rations     for    patients, 

611b,  611c,  612. 
Injured    Federal    employees    entitled    to 

reasottable  service  in,  66i. 
Limit  of  cost  of  buildings  not  authorized 

by  Congress,  547b. 
Matrons.     See  Hospital  matrons. 
Military,  transfer  of  insane  from,  to  pub- 
lic, 1526b,  1526c. 
Nurses.     See  Nurse  Corps. 
Panama   Canal,   care   of   officers   and   en- 
.  listed  men,  776a,  776b. 
Private  treatment  of  Army  personnel  in, 

776,  776a,  776b,  776d. 
Private   treatment   of   prisoners   of   war, 

etc.,  in,  776d.    • 
Public     jurisdiction     of     superintendents 

over  patients  transferred  to,  1525c. 
Public,  transfer  of  part  of  appropriation 
for  Government  Hospital  for  Insane  to, 
1526d. 
Public,   transfer   of  patients   to,   entitled 
to   treatment  in   Government   Hospital 
for  Insane,  1525a,  1526c. 
Sale  of  supplies,  775f. 
Services    and    supplies    furnished    by  Di- 
rector of  War-Risk  Insurance,  1483bbb. 
Stewards.     See  Hospital  stewards. 
Supplies  for  sick  in,  what  to  include,  775. 
Temporary,  public  lands,  889rr. 
HOSPITAL  SERGEANT: 
Pay,  6»5a. 
Percentage,   766d. 
HOSPITAL  STEWARDS  : 

Acting,  eligible  for  appointment,  767. 
Appointment,  examinations  for,  760. 
Appointment  and  number,  758,  759. 
Appointment,  qualifications  for,  761. 
Quarters  for.  constructed  by  contract,  550. 
Quarters  for,  constructed  at  posts  desig- 
nated, 762. 
Quarters,  Secretary  of  War  to  locate,  550. 


HOTEL : 

at  Military   Academy,   disposition   of   re- 
ceipts, 1178. 
HOURS   OF  LABOR: 

in  Executive  departments.     See  Executive 

departments. 
for  Laborers,  etc.     See  Laborers. 
HOUSE      OF     REPRESENTATIVES.      See 

Congress. 
HOUSES  OF  ILL  FAME  : 

Punishment  for  violation  of  regulations, 

1295f. 
Suppression  of,  near  military  camps,  etc., 
1295e,  1295f. 
HOWITZER     BATTERY.      See     Artillery; 

Field  Artillery. 
HYGIENIC  LABORATORY  : 

Surgeon  General  member  advisory  board, 
781. 
ICE: 

for  Enlisted  men,  where  directed,  594. 
Sale  of  .surplus,  521,  521a,  521b. 
ILLEGITIMATE    CHILD.     See  Allotments 

of  pay;  Family  allowances. 
ILLUSTRATIONS  : 

Restrictions  on  number  printed,  116. 
IMPORT : 

Food  and  Fuel.     See  Pood  and  fuel  con- 
servation.   License. 
IMPRESSMENT     FOR     MILITARY     PUR- 
POSES : 
See    Commandeering    for    military    pur- 
poses; Requisitioning  for  military  pur- 
poses. 
IMPRISONMENT  : 

Family   allowances    of    enlisted    men    in, 
712k. 
INCAPACITATED    PERSONS  : 

as    Employees,    payments    to,    forbidden, 
39. 
INCREMENTS : 

See  also  this  title  under  Army. 
Increase  in  corps  of  cadets  by,  1139c. 
Ordnance   Department — 

Immediate    increase    authorized,    SOOb. 
INDEBTED  TO  UNITED  STATES  : 
Compensation  not  paid   one,   693. 
INDEPENDENT    ESTABLISHMENTS  : 
Transfer   of   employees   of   executive   de- 
partments to,   86a-36d. 
INDIAN    AGENTS: 

Compensation  for  extra  services,  1398. 
Compensation  for  subagent,   1398. 
Detail  of  Army  officer  as,  1396,  1397. 
Issue   of   goods   and    money    to    Indians, 

1399. 
Sale  by,  of  live  stock,  1401. 
Secretary    of    Interior    to    control,    940, 
1397. 
INDIAN  CAMPAIGNS.     See  Indian  wars. 
INDIAN    COUNTRY: 

See  also  Indian  agents;  Indian  scouts j 

Indians. 
Arrests — 

of  Indians  by  military  force,  1412. 
of  Persons  unlawfully  in,  etc.,  1410. 


672 


MILITARY   LAWS   OF    THE   UNITED   STATES,  1915. 


INDIAN   COUNTRY — Continued. 

Distilleries.      See  this  title,  Intoxicating 

liquors. 
Empi.oymbnt  of  Militauy  Force — 

In  Apprehension  of  persons  unlawfully 
in,     1410. 

In    Arrest    of    Indians    charged    with 
rriine,    1412. 

Limit   of   period    of   detention   of   per- 
sons,   1411. 

in  Preventing,  etc.,  hostilities  between 
tribes,    1412. 

in  Removal  of  persons  unlawfully  in, 
1409. 

in    Removal    of    unauthorized    settler, 
1400. 
Intoxicating  Liquors — 

Distilleries    for    making,     setting    up, 
penalty,  1407. 

Found  concealed  in,  disposition,  1406. 

Introducing,  prohibited,  penalty,  1403, 
1404. 

Introduction  may  be  authorized,  1403, 
1404. 

Prosecution  of  Army  personnel  for  in- 
troducing, 1408. 

Search  for  concealed,  to  be  instituted, 
1406. 

Wines  for  sacramental  purposes,  1405. 

Prohibited  Ac^rs — 

See  also  this  title,  Intoxicatiny  liquors. 

Cutting,  etc.,  trees,   1311. 

Removing  live  stock  without  authority, 

1402. 
Settling  upon,  making  survey,  1400. 
INDIAN    EDUCATION: 

Detail    of    army    officers    In    connection 
with,   942a,   942b. 

Use   of   military   posts   or   barracks    for, 
942b. 
INDIAN     RESERVATIONS.      See     Indian 

country. 
INDIANS : 

See  also  Indian  country. 

Arrest  of,  by  military  force,  1412. 

Issuance  of  rations  to,  may   be  author- 
ized,   599. 

Issues  of  goods  and  money  to,  1399. 

Permits  to  enter  Texas,  limitation,  1413 

Permita   to   enter   Texas,   limitation,    re- 
pealed,  1413a. 

Purchases   from,   in   open   market,    1240. 

Sale,    etc.,    of    liquors    to.      See  Indian 
country. 

Sale  of  live  stock  for,  1401. 
INDIAN    SCOUTS: 

See  also  Indian  country. 

Enlistment  in  Regular  Army,  334. 

Furnishing   horses,    etc.,   additional  pay, 
334,   696. 

National  defense  act,  effect  on,  1106a. 

Part  of  Regular  Army,  331a. 

Pay  and  organization,  696. 

Restrictions    upon    purchase    of    horses, 
539,   540. 


INDIAN    TRIBES: 

Preventing,      etc.,      hostilities      between, 

1412. 
INDIAN  WARS: 

Persons  who  served  in,  entitled  to  bene- 
fits   of    National    Home    for    Disabled 

Volunteer  Soldiers,  1502b. 
Records  of,  disposition,  441. 
INDORSEE.     See  Trading  with  enemy. 
INDUSTRIAL  TRAINING   SCHOOLS  FOR 

INDIANS.     See  Indian  Education. 
INDUSTRIES :       • 

Essential    to    preparedness,    mobilization 

of,   1605. 
INFANTRY : 

Assistant  band  leader,  pay,  695a. 

Band   leader,   pay,   695a. 

Bands,     composition     and     organization, 

1099. 
Battalion,  organization,  1095b. 
Brigade,     additional     machine-gun     com- 
panies,  356d. 
Brigade,  composition,  356a,  356d. 
Cavalry,      provisional      organization      of 

regiments  as,  1071b,  1071c. 
Chaplains  for  each  regiment,  902. 
Colonel,     Porto     Rico     Infantry,     detail, 

345a. 
Colonels,  additional,   929i.      . 
Colored,  two  regiments  authorized,  1096. 
Companies,  composition,  etc.,  1097,  1098, 

1095b,     1097a-1097c. 
Companies,  increase,  1098a. 
•  Details     on     regimental     staffs,     officers 

available,  1100. 
Division,  composition,  356a. 
Enlisted   men   for   companies,   additional, 

1098a. 
Headquarters   company,   composition, 

1097a. 
Horseshocr,  pay,  695a. 
Machine  -  gun       company,       composition, 

1097b. 
Mechanic,  pay,  69.ja. 
Mess  sergeant,  pay,  695a. 
Musician,  pay,  695a. 
Officers — 

Assignment  to  organizations,  1097d. 

Limitation  on  number,  appointment  of 
increased,  331b4. 
Private,  first  class,  pay,  695a. 
Provisional  organizations  of  Cavalry  reg- 
iments as,  1071b,  1071c. 
Regimental  supply  sergeant,  pay,  695a. 
Regiments — 

Composition,   1095,  1095a. 

Designation  of,  for  vocational  trainins,-. 
1293d-1293g. 

Number,  331a. 
Reorganization    act,    vacancies    due    to. 

1101-1103. 
Saddler,  pay,  695a. 
Sergeant  bugler,  pay,  695a. 
Sergeants,  additional  details,  1332a. 
■  Stable  sergeant,  pay,  695a. 
Supply  company,  composition,  1097e. 
Supply  sergeant,  pay,  695a. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


673 


INFANTRY— Continued. 

Volunteer,  medical  personnel,  1385. 
Wagoner,  pay,  695a. 
IN.TUNCTIONS  : 

by    I'ersons    aggrieved    by    distress    war- 
rants, 234,  235. 
INJURED  SOLDIERS: 

Permanent,  vocational  training,  etc.,  for, 
12931,  12931. 
INJURIES : 

Include   disease  as   to   compensation,   in- 
surance, etc.,  1483cc. 
INJURIES   TO   SOLDIERS.      See   Compen- 
sation for  injuries. 
!  N  J  U  R  I  E  S     TO     GOVERNMENT     EM- 
TLOYEES : 
See  also  Laborers. 
Affidavits  supporting  claims,  penalty  for 

making  false,  6Gfff. 
Alaska  Engineering  Commission — 
Administration  of  act  as  to  employees' 
of   Alaska   Railroad,   transferred   to, 
66kkk. 
Authorized  to  advance  funds  of  Alaska 
Railroad   for   payment  of  compensa- 
tion, etc.,  66111. 
Alaska  Railroad — 

Alaska    Engineering    Commission    may 
advance   funds   for   compensation   of 
its  employees,  66111. 
Alien     employees,     Panama     Canal     & 

Railroad  Co.,  payments  to,  66111. 
Allowances  if  death  results,  66j. 
Annual   estimates,   commission   to  sub- 
mit, 66xx. 
Afinual     estimates     for     compensation 

fund,  66bbb. 
Annual  leave,  compensation  may  begin 

at  expiration  of,  66h. 
Annual  report  to  Congress,  66zz. 
Appropriation  for   compensation   fund, 

66bbb. 
Appropriation  for  expenses  of  commis- 
sion, fiscal  year  1917,  66aaa. 
Appropriation,  permanent,  for  compen 

sation  fund,  66bbb. 
Assignment  of  claim  for  compensation 
.    void,  66mm. 
Assignment  to  United  States  of  claim 

for  injury  by  other  pei'Sons,  66nn. 
Assignment  to  United  States  of  claim 
for  injury  by  other  persons,  penalty 
for  refusal  to  make,  66oo. 
Assignment  to  United  States  of  claim 
for  injury  by  other  persons,  disposi- 
tion of  money  x-eceived  in  settlement, 
66pp. 
Transfer  of  administration  of  act  as  to 
employees  of  to  Alaska  Engineering 
Commission,  66kkk. 

AVVARD.S — 

Committee  to  make  •  finding  of  facts 
and,  on  claims  presented,  66ccc. 

Made  under  mistake  of  law  or  fact, 
cancellation  of,  66eee. 

54208°— 18 43 


INJURIES     TO     GOVERNMENT     EM- 
PLOYEES—Continued. 
Awards — Continued. 

Payment  of,  from  compensation  fund, 
66ccc. 

Review  of,  by  commission,  66ddd. 
Burial  expenses  allowed,  66y. 
Claims — 

Assigned  to  United  States,  disposition 
of  money  received  in  settlement, 
66pp. 

Assignment  of,  void,  66mm. 

Delivery  of,  to  commission,  66ff. 

Disposition  of  money  received  by  bene- 
ficiary for  injuries  by  other  persons, 
66qq,  66rr,  66ss. 

for  Injuries  caused  by  other  persons, 
assignment  to  United  States,  66nn. 

for  Injuries  caused  by  other  persons, 
assigned  to  United  States,  disposi 
tion  of  money  received  in  settlement, 
66pp. 

for  Injuries  caused  by  other  persons, 
assignment  to  United  States,  penalty 
for  refusal,  66oo. 

for  Injuries  occurring  prior  to  act,  set- 
tlement under  old  law,  66iii. 

Must  be  filed,  66ff.  * 

Must  be  made  on  prescribed  forms, 
66gg. 

I'enalty  for  false  affidavit,  etc.,  sup-' 
porting,  66fff. 

I'resented,  commission  to  make  find- 
ing of  facts  and  award  on.  66ccc. 

Time  limit  for  making  original,  66hh. 

Waiving  applications  by  employees  of 
I'anama  Canal,  66111. 

Waiving  applications  by  employees  of 
Panama  Railroad  Co.,  66111. 

Com  l»E N  S  AT  I  ON — 

Advancement  of  funds  by  governor  of 
Panama  Canal,  66111. 

Alaska  Engineering  Commission  au- 
thorized to  advance  funds,  66111. 

Assignment  of  claims  void,  66mm. 

Assignment  to  United  States  of  claims 
for  injury  by  other  persons,  66nn. 

Claims  must  be  filed,  66ff. 

Claims  to  be  made  on  prescribed  forms, 
66gg. 

Days  excluded  in  paying,  66b. 

Delivery  of  claim  to  commission,  66ff. 

Injuries  occurring  prior  to  act,  settle- 
ment under  old  law,  66111. 

May  begin  at  expiration  of  annual 
leave,  66h. 

May  begin  at  expiration  of  sick  leave, 
66h. 

Medical  examinations,  fees,  66kk. 

Medical  examination  of  employees  re- 
ceiving. 6611. 

Medical  examination,  reexamination  if 
physicians  disagree,  66jj. 

Method  of  paying  when  liability  exists 
in  I'anama  Railroad  Co.,  66jjj. 

Other  salary  or  pay,  restricted,  66g. 


674 


MILITAEY   LAWS   OF   THE   UNITED   STATES,  1915. 


INJURIES     TO     GOVERNMENT     EM- 
PLOYEES— Continued. 
Compensation — Continued. 

Paid  under  mistake  of  law  or  fact,  re- 
covery of,  66eee. 

Partial  disability,  66d. 

Partial  disability,  decrease  for  old  age, 
66f. 

Partial  disability,  maximum,  66f. 

Partial  disability,  minimum,  66f. 

Partial  disability,  minors  and  learners, 
66f. 

Partial   disability,    refusal   to   perform 
suitable  work,  66e. 

Pension  for  Army  or  Navy  service  not 
affected  by,  66g. 

Suspension   of  pay   on  refusal   to   sub- 
mit to  medical  examination,  66ii. 

Time  limit  for  making  claims,  66hh. 

Total  disability,  66c. 

Total  disability,  decrease  for  old  age, 
66f. 

Total  disability,  maximum,  66f. 

Total  disability,  minimum,  66f. 

Total  disability,   minors  and  learners, 
66f. 
Compensation  Fund — 

Annual  estimates,  66bbb. 

Appropriation,  permanent,  66bbb. 

Created,  66bbb. 

Payment  of  awards,  66ccc. 
Computing      employees'      monthly      pay, 

method  of,  66z. 
Congress,  annual  report  to,  66zz. 
Construction  of  terms  used  in  act,  66ggg. 
Damages    received   by   employees    for    in- 
juries  from   other  persons,  disposition 

of,  66qq,  66rr,  66s8. 
Damages   received   by   employee^   for   in- 
juries  from    other    persons,    refund    of 

compensation,  66ss. 
Days   excluded   in   paying   compensation, 

66b. 
Death — 

Burial  expenses  allowed,  66y. 

Caused  by  misconduct  or  intoxication, 
66a. 

Lump-sum  commutation  to  beneficiary, 
66bb. 

Lump-sum  commutation  to  beneficiary, 
method  of  computing,  66bb. 

Transportation  of  remains,  66y. 
Definition  of  terms  used  in  act,  66ggg. 
Employees'      Compensation      Commis- 
sion— 

Annual   estimates,   66xx. 

Annual     estimates     for     compensation 
fund,  66l)bb. 

Annual  report  to  Congress,  66zz. 

Appointment,  66tt. 

Appropriation    for   expenses    of,    fiscal 
year  1917,  66aaa. 

Assistants,  clerks,  etc.,  66ww. 

Authority    to    administer    oaths,    etc., 
66vv. 

Authority  to  Issue  process,  etc.,  66vv. 

Civil-service  appointees  under,  66ww. 


INJURIES     TO     GOVERNMENT     EM- 
PLOYEES— Continued. 
Employees       Compensation       Commis- 
sion— Continued. 

Claims,      pending,     jurisdiction     over, 
66uu. 

Clerks,  assistants,  etc.,  66ww. 

Clerks,  transfer  of  certain  to,  66uu. 

Composition  of,  66tt. 

Decide  all  questions,  66yy. 

General  authority  conferred  on,   66vv. 

Jurisdiction  over  pending  claims,  66uu. 

Make  finding  of  fact  and  award,  66ccc. 

Oaths,  authority  to  administer,  66vv. 

OflBce  force,  etc.,  66ww. 

Office,  location,  66tt. 

Process,  authority  to  issue,  etc.,  66vv. 

Review  of  awards,  66ddd. 

Rules    and    regulations    prescribed    by, 
66yy. 

Salary,  66tt. 

Terms,  66tt. 

Transfer  of  certain  clerks  to,  66uu. 
Estimates,  annual,  commission  to  submit. 

66xx. 
Estimates,      annual,      for      compensation 

fund,  66bbb. 
Finding  of  facts  and  award,  66ccc. 
Forms,  claims  to  be  made  on  prescribed, 

66gg. 
Hospital    service,    employees    entitled    to 

reasonable,  66i. 
Injury  involving  claim  against  other  per- 
sons, 66nn. 
Injury  involving  claim  against  other  per- 
sons, assignment  of,  to  United  States, 

66nn,  66oo,  66pp. 
Injury  occurring  prior  to  act,  settlement 

under  old  law,  66iii. 
Intoxication,  proximate  cause,  66a. 
Laborers.     See  also  Laborers. 
Lump-sum  commutations  in  case  of  death 

or  permanent  disability,  66bb. 
Lump-sum  commutations  in  case  of  death 

or    permanent    disability,     method    of 

computing,  66bb. 
Medical  Exa.mination — 

Employees  receiving  compensation,  66il. 

Fees,  66kk. 

Reexamination   if   physicians   disagree, 
60jj. 

Suspension  of  pay  on  refusal  to   sub- 
mit, 66ii. 
Medical  service,  employees  to  receive  rea- 
sonable, 661. 
Misconduct,  wilful  cause,  66a. 
Mistake   of   law   or   fact,   cancellation   of 

award  made  under,  66eee. 
Mistake  of  law  or  fact,  recovery  of  com- 
pensation paid  under,  66eee. 
Money  received  by  beneficiary  as  damage 

for  injuries,  by  other  persons,  disposi 

tion  of,  66qq,  66rr,  66ss. 
Money  received  by  beneficiary  as  damage 

for   injuries   by   other  persons,   refund 

of,  66ss. 


MILITABY  LAWS  OF   THE  UNITED  STATES,  1915. 


675 


INJURIES     TO     GOVERNMENT     EM- 
PLOYEES— Continued. 
Money   received   in   settlement  of  claims 

assigned  to  United  States  for  injuries 

by  other  persons,  disposition  of,  66pp. 
Monthly  pay,   66z. 
Notice    of    Injury — 

Particulars  required,  66dd. 

Payment  withheld  on  failure  to  give, 
exceptions,    66dd. 

Written,    66cc. 
Overtime  pay  not  counted   in  computing 

monthly   pay,    66z. 
Panama    Canal — 

Alien  employees,  payments,  66111. 

Governor  of,  authorized  to  advance 
funds,    66111. 

Transfer  of  administration  of  act  as  to 
employees  to  governor,  66kkk. 

Waiving  claim  authorized,  66111, 
Panama  Railroad  Company — 

Alien  employees,  payments,  66111. 

Compensation  for  injuries  where  lia- 
bility exists,  66jjj. 

Transfer  of  administration  of  act  to 
governor  of  Panama  Canal,  66kkk. 

Waiving  claim  authorized,  66111. 
Partial    Disability — 

Affidavit  as  to  earning  capacity,  66d. 

Compensation,   66d. 

Compensation,  decrease  for  old  age, 
66f. 

Lump-sum  commutation  in  case  of  per- 
manent,   66bb. 

Lump-sum  commutation  in  case  of  per- 
manent, method  of  determining, 
66bb. 

Maximum  compensation,  66f. 

Method  of  determining  wage-earning 
capacity,    66aa. 

Minimum  compensation,  66f. 

Minors  and  learners,  66f. 

Refusal  to  make  affidavit  as  to  earn- 
ing  capacity,   66d. 

Refusal  to  perform  suitable  work,  6Ce. 
Pay    to    Beneficiaries — 

Adopted  and  adoption,  defined,  66tt. 

Apportionment  to  two  or  more  classes, 
modification    of,    66v. 

Brother,  defined,   66t. 

Child,  defined,   66t. 

Children,   termination  of,  66n. 

Child  with  other  guardian,  66m. 

Children  without  living  parents,   66n. 

Compensation  to  remaining  persons, 
66u. 

Dependent  brothers  in  absence  of 
widow,   etc.,   66q. 

Dependent  brother  where  widow,  etc., 
66r. 

Dependent  grandchildren  in  absence  of 
widow,  etc.,   66q. 

Dependent  grandchildren  where  widow, 
etc.,  66r. 

Dependent  grandparents  in  absence  of 
widow,   etc.,   66q. 


INJURIES    TO    GOVERNMENT    EM- 
PLOYEES—Continued. 
Pay  to  Beneficiaries — Continued. 

Dependent  grandparents  where  widow, 

etc.,  66r. 
Dependent     parents     in     absence     of 

widow,   etc.,   66o. 
Dependent  parents  where  widow,  etc.» 

66p. 
Dependent  sisters  in  absence  of  widow, 

etc.,    66q. 
Dependent   sisters   where  widow,   etc., 

66r. 
Duration     of     compensation     under 

clauses  E  and  F,  66s. 
Grandchild,   defined,   66t. 
Lump-sum   commutations,  66bb. 
Lump-sum    commutations,    method    of 

computing,    66bb. 
Marriage,   penalty   for  receiving  after, 

66x. 
Modification  of  apportionment  to  two 

or  more  classes,  66v. 
Monthly  pay  construed,  66w. 
Parent  and  children,  66n. 
Parent   defined,    66t. 
Penalty   for   receiving  pay   after   mar- 
riage, 66x. 
Sister  defined,   66t. 
Termination   of,   under   clauses  E  and 

F,  66s. 
Widow,    66k. 
Widow   defined,    66t. 
Widower   defined,   66t. 
Widower,   dependent,   661. 
Penalty  for  making  false»affldavit  in  sup- 
port of  claim,  66fff. 
Permanent  appropriations  for  compensa- 
tion  fund,    66bbb. 
Questions  arising,  to  be  decided  by  com- 
mission,   66yy. 
Repealing   clause,   66hhh. 
Rdi)ort,  annual,  to  Congress,  66zz. 
Review  of  awards  by  commission,  66ddd. 
Review  to  determine  increase  or  decrease 

of  wage-earning  capacity,   66f. 
Rules  and  regulations  to  be  prescribed  by 

commission,    66yy. 
Sick   leave,    compensation   may   begin   at 

expiration  of,  66h. 
Surgical    services,    employees    to    receive 

reasonable,    66i. 
Superior  officer  to  report  injury,  6611. 
Termination  of  pay  to  child,  66m. 
Terms  used  in  act,  construction  of,  66ggg. 
Time    limit    for    making    original    claim, 

66hh. 
Total    Disability — 
Compensation   for,   66c. 
Compensation,    decrease    for    old    age, 

66f. 
Compensation,    minors    and    learners, 

66f. 
Lump-sum  commutation  in  case  of  per- 
manent,   66bb. 
Lump-sura  commutation  in  case  of  per- 
manent, method  of  computing,  66bb. 


676 


MILITARY   LAWS    OF    THE    UNITED   STATES,   1915. 


INJURIES     TO     GOVERNMENT     EM- 
PLOYEES— Continued. 

Total  Disability — Continued. 
Maximum  compensation,  66f. 
Minimum  compensation,  G6f. 

Transportation  of  remains  in  case  of 
(loath,   66y. 

Transportation   for  treatment,   66i. 

Wage-earning  capacity,  partial  disability, 
66aa. 

Waiving  claim  applications  by  employees 
of  Panama  Canal,  66111. 

Waiving  claim  applications  by  employees 
of  Panama  Railroad,  66111. 

Written  notice  of  injury,  66cc. 

Written  notice  of  injury,  particulars, 
eedd. 

Written  notice  of  injury,  payments  with- 
held   on    failure    to    give,    exceptions, 
66ee. 
INSANE  PERSONS: 

See  also  Oovernment  Hospital  for  In- 
sane; Hospitals. 

California  Asylum  for,  1526. 

Filrpino  soldiers,  treatment  of,  1527. 

Government  asylum  for.  See  Oovern- 
ment Hospital  for  Insane. 

Interned  persons,  care  of,  1425a. 

Prisoners  of  war,  care  of,  1425a. 
INSIGNIA : 

See  also  Badges;  Medals  of  honor. 

Wearing  unlawfuly,  penalty,  1025. 

Worn  in  lieu  of  medals  of  honor,  101 1. 
INSPECTIONS  : 

of  an  officer  or  establishment,  see  the  spe- 
cific title;  see  also  Inspector  General's 
Department. 

of  Accounts.  See  Accounting  of  public 
money. 

of  Fuel.     See  Fuel. 

of  Militia.     See  Militia. 

Mileage  of  officers  on,  restricted,  688. 
INSPECTOR  GENERAL.     See  also  Inspec- 
tor General's  Department. 

Rank,  pay,  and  allowances,  373a,  459a. 
INSPECTOR  GENERAL'S  DEPARTMENT  : 

Assistant  ixspectou  general — 
Acting,  detail,  459b. 
Assistant   adjutants   general   may   act, 
437. 

Composition,  459,  459a. 

Detail  of  line  officers  as,  459b. 

Expert  accountant — 

Actual    expenses    only    for    sea    travel, 

682. 
Authorized,  460. 

Entitled    to    mileage    allowed    officers, 
631,   682. 

iNSPErTIONS     BY 

of    Disbursing    officers'    account,    412, 

461. 
of  Military  prison  accounts,  479. 
Reported  to  Congress,  413,  462. 
of  Soldiers'  Home,  464. 
of     Volunteer     Soldiers'     Homes,    463, 

463^. 


INSPECTOR       GENERAL'S      DEPART- 
MENT— Continued. 
Officeus — 

Part  of  Regular  Army,  331a. 
Promoted   according  to   seniority,  459. 
Vacancies,  how  filled,  459,  936. 
INSPECTORS : 

of  Fuel,  District  of  Columbia,  1243. 
of  Small  arms  practice,  militia,  1357. 
INSPECTORS    OF     SMALL-ARMS    PRAC- 
TICE.    See   National    Guard,   Inspectors 
of  small-arms  practice. 
INSTRUCTION  CAMPS  : 

See    also    Citizens'    training    camp;    Na- 
tional    Guard,    training;   Reserve    Offi- 
cers' Training  Corps. 
Civilians  to  wear  uniform,  1010b. 
Issue    of    stores    to    educational    institu- 
tions for,  954c. 
INSTRUCTORS  : 

at  Military  Academy.      See  Military  Acad- 
emy. 
at  Rifle  ranges,  553c. 
School   cadets  entitled   to  wear  uniform, 
at    Service    schools,    loaves    of    absence, 
1187. 

lOlOb-lOlOd. 
INSUBORDINATION  : 

Causing,  punishment,  13175d. 
INSULAR  AFFAIRS,  BUREAU  OF: 

Assistant  to  chief,  detail  of,  157-159,  384. 

155a. 
Chief,  appointment  of,  156,  155a. 
Chief,    rank,    pay,    etc.,    155,    155a,    156, 

373a. 
Details  with,  detached  service  law,  938^. 
Division    of    Insular    Affairs,    continued, 

155,  155a. 
Officers,  part  of  Regular  Army,  331a. 
Scope  of  business  of,  155,  155a. 
INSURANCE : 

See  also  Military   and  Naval  Insurance. 
Bureau  of  War  Risk,  to  furnish  informa- 
tion as  to  contracts,  etc.,  1483gg. 
Held  by  officers  and  enlisted  men,  record 
of,  1483hh. 
INSURANCE  COMPANIES  : 

Alien  enemy.     See  Trading  with  Enemy, 
License. 
INSURRECTION  : 

Captured  or  abandoned  property — 
Trading  in,  by  persons  in  military  serv- 
ice,  1432. 
Commercial  intercourse — 

Aliens  included  in  prohibition  again-;t. 

1422. 
Fraud,   investigations   to   detect,    14J6 
in  Loyal   sections  controlled   by   insur 

gents,   1421. 
May     be    licensed     to     certain     exTcnt, 

1423,  1424. 
Offonses    against    restrictions,    penalty. 

1425. 
Prohibitions,  extent  of,  1422. 
Transportation  of  suspected  goods  for- 
bidden, 1431. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


677 


INSURRECTION — Continued. 
Confiscation  or  property — 

Condemnation  proceedings,  where  had, 

1428. 
Condemnation    proceedings,    who    may 

institute,  1430. 
Goods    coming    from    hostile    sections, 

1420. 
on   Inland  waters,  not  maritime  prize, 

1429. 
Inciting,  etc.,  punishment,  1415g. 
Proceeds,  disposition  of,  1430. 
Transported  against  orders,  1431. 
Used  in  aiding  insurrection,  1427. 
Customs  duties,  1433-1436. 
Port  of   Entry — 

Change  of,  by  President,  1433-1436. 
Closing  authorized,    1436. 
Proclamation   to  disperse,   1419. 
in   States.      See  States. 
Statks    in    insurrection — 

Declaration  of  President,  1420. 
Suppression — 

Military    forces    may    be    used,    1417, 

1418. 
Militia    may    be    called,    1415,    1417, 
1418. 
Vessels — 

Attempt    to    enter    closed    port,     for- 
feiture,   1436. 
Clearance,  bond  for  specified  delivery, 

1440. 
Clearance,  refused,  when,  1439. 
Confiscated,  when,  1420. 
Employment     of,     collecting     revenue, 

1437. 
of  Insurgents,  when  forfeited,  1438. 
Seized,  condemnation  proceedings,  303. 
INTEREST : 

on  Claims,  not  until  after  judgment,  290. 
on  Deposits  by  enlisted  men,  717. 
INTERIOR    DEPARTMENT : 

Contracts  filed  in  Returns  Oflace,  1211. 
Extension  of  time  for   filing  contract   m 

Returns   ofiice,    121  Id. 
Records  of  Indian  wars  transferred  from, 
441. 
INTERNED    PERSONS : 

Admission    to    Government    Hospital    for 

Insane,     1525a. 
Armed  forces  of  belligerents,  punishment 

for  leaving  jurisdiction,  1469u. 
Medical  treatment,   etc.,   776d. 
INTERPRETERS : 

Auditing   accounts    abroad,    number   and 
compensation,    205h. 
INTERSTATE  COMMERCE.     See  Common 

carriers ;    Transportation. 
INTOXICATING  LIQUORS  : 

Distilled  spirits.     See  Food  and  fuel  con- 
servation. 
Food  or  fruits  used  in  making.     See  Food 
and  fuel  conservation,  distilled  spirits. 
Punishment  for  unlawful  sale  of,  1295d. 
Regulating  sale,  etc.,  in  or  near  military 
camps,    1295a. 


INTOXICATING   LIQUORS — Continued. 

Regulating  sale  to  officers  and  unlisted 
men,    1295a-1295d. 

Sale,    at    Army    posts,    etc.,    prohibited, 
1295. 

Sale  at  military  station,  camp,  fort,  etc., 
prohibited,    1295b. 

Sale,  etc.,  to  Indians.     See  Indian  coun- 
try. 

Sale  to  officers  or  enlisted   men   in   uni- 
form,  1295c. 

Sale,   within    1    mile   of   Soldiers'    Home, 
forbidden,   1523. 
INVASION  : 

Militia    may    be    called    forth    to    repel, 
1339,    1340. 
INVENTIONS  : 

See   also   Patents. 

Abandoned,  when,   1425qq,   1616b. 

Basic    patents    for    manufacture    or    de- 
velopment of  aircraft,  889ff-889hh. 

Expenditure   of   public   money   upon,    re- 
stricted,   876. 

Important  to  defense,  1616. 

Keeping    secret    and    withholding    grant 
of  patents  therefor,  1425pp,  1616a. 

Patentable,     expenditures     at     armories, 
865. 

Patents,  withholding,   1425pp,  1616a. 

Radiodynamic     torpedo     control,     1612— 
1615. 

Suits    upon,     jurisdiction     of     Court     of 
Claims,   299. 

Tendered  to  United  States,  compensation 
for  use  of,  1425rr,  1616c. 
INVESTIGATORS.         See      Trading      with 

enemy,  Alien  Property  Custodian. 
IRON    AND    STEEL,    BOARD    FOR    TEST- 
ING.    See  Ordnance  Department. 
ISTHMIAN   CANAL.      See  Panama   Canal. 
JOINT  COMMITTEE  ON  PRINTING  : 

Continuance    of,    vacancies,    and    powers 
during   recess,    114a. 
JUDGE  ADVOCATE  GENERAL : 

See   also   Judge  Advocate    General's   DO' 
partment. 

Duties,  471. 

Rank,  pay,  and  allowances,  373a,  465a. 
JUDGE      ADVOCATE      GENERAL'S      DE- 
PARTMENT : 

Acting  judge  advocates,  detail,  469,  469a. 

Acting  judge  advocates,  duties,  469a. 

Acting    judge    advocates,    excepted    from 
Manchu    law,   469b. 

Composition,    465,   465a. 

Details   not   covered   by   detached-service 
law,  384,  469b,  937. 

Examination  for  promotion,  467a. 

Examination  for  promotion  of  li<»ut<'nant 
colonels.    467c. 

Examination    for    promotion    of    majors, 
467b. 

Judge  Advocate  General,  duties,  471. 

Judge  advocates.      See  Judge   advocates. 

Law    students,    detail    forbidden,   469b. 

Military  laws,  revision  and  codification, 
471a,    471b. 


678 


MILITARY   LAWS    OF    THE   UNITED   STATES,   1915. 


JUDGE      ADVOCATE      GENERAL'S      DE- 
I'ARTMENT — Continued. 
Military  prison.     See  Military  prison. 
Number  of  majors  increased,  466. 
Part  of  Regular  Army,  331a. 
Promotions,  how  made,  467,  467a. 
Vacancies  in,  method  of  filling,  468. 
Vacancy,  one,  for  appointment  from  civil 
life,    468a. 
JUDGE    ADVOCATES  : 

See   also    Articles    of    War;    Courts-mar- 
tial; Judge  Advocate  Oeneral's  Depart- 
ment. 
to    Administer    oaths,    for    certain    pur- 
poses,  473,    114   A.   W. 
Appointment,    qualifications,    468. 
Assignment  of  one  to  Military  Academy, 

1116. 
Detail  of  acting,  469,  469a. 
under  Direction  of  Judge  Advocate  Gen- 
eral, 470. 
Duties,    470. 
Number  increased,  466. 
Oaths,  general  powers  of  notary  public, 
etc.,  in  foreign  places,  114  A;  W. 
JUDGMENT : 

on  Claims.     See  Court  of  Claims. 
JUNIOR  MILITARY  AERONAUT: 

See  Signal  Corps,  Aviation  Section. 
JUNIOR   MILITARY   AVIATOR.      See  Sig- 
nal Corps,  Aviation  Section. 
JURISDICTION: 

Of  a  particular  court,  see  the  court. 
over  Claims.     See  Claims. 
over  Offenses  on  high  seas,  300. 
over  Offenses  on  reservation,  etc.,  1316a, 
1316b. 
JURY  SERVICE  : 

Employees    of    armories    exempted    from. 
860. 
JUSTICE,  DEPARTMENT  OF  : 
See  also  Executive  departments. 
Attorney  General.     See  Attorney  General. 
Officers  and  employees,  duties,   138,  263. 
KEHOE,  WILLIAM  H. : 

Late  cadet,  appointment  and   retirement 
as  second  lieutenant,  1162f. 
KNOTS : 

Enlisted  Reserve  Corps — 

for  Attendance  at  encampments,  1583. 
Unauthorized  wearing,  penalty,  1584. 
Worn  in  lieu  of  medal  of  honor,  1017. 
LABOR  DAY  : 

Made  legal  holiday,  56. 
LABOR,    DEPARTMENT    OF.      See    Secre- 
tary of  Labor. 
LABORERS : 

See    also    Injuries    to    Oovernment    em- 

2)loyees. 
Beneficiary  in  case  of  death  from  injuries, 

67. 
Compensation  for  injury,   to  whom   pay- 
able, 60. 
in   Departments.      See   Executive  depart- 
ments. 
Eight    hours    to    constitute    day's    work, 
1218,  1219. 


LABORERS — Continued. 

Evidence    of   disability,    etc.,    to    be    fur- 
nished, 68. 
at    Headquarters,    etc.,    pay,    362.    362a, 

362b. 
Injured   in   course   of   employment,   com- 
pensation, 66-72. 
Report  of  accidents,  71. 
LABOR,  HOURS  OF  : 

in  Executive   departments.        See  Execu- 
tive departments. 
of  Laborers,     See  Laborers. 
LABOR-SAVING  MACHINERY  : 

Manufacture   of   clothing,   etc.,   exchange 
of,  1261a. 
LAND  FORCES: 

See  also  Army;  Militia ;  Volunteer  Army. 
Component  parts,  328,  329,  329a,  1382. 
National  Guard,  national-defense  act  ap- 
plies only  to,  1322c,  1322d. 
Organization  in  exigencies,  1385. 
Printing    and    binding,    publications    for, 

112c. 
Strength  of,  in  time  of  war,  1391. 
LAND-GRANT    RAILROADS.      See    Bond- 
aided  railroads. 
LANDMARKS  : 

Declared  national  monuments,  1285. 
LANDS : 

Donations.     See  Donation  of  lands. 
Indian.     See  Indian  country. 
I'ublic.     See  Public  lands. 
Cantonments,  camp  sites,  etc.,  547c. 
Military  Purposes — 

Acceptance  of  donations  for,  802c. 
Commandeering  or  requisitioning,  802d, 

1274g,  12741. 
Condemnation  proceedings,  802a. 
Examination  of  title,  etc.,  prior  to  pos- 
session, waived  in  time  of  war,  802d, 
1274g,  1274n-1274p. 
Purchase  at  agreed  price,  802b. 
Requisitioning  or  commandeering,  fo*^, 
802,  1274g,  12741. 
Military      Reservations.        See     Military 
Posts;    Military   Reservations;    Public 
Lands;  Reservations. 
LARCENY : 

of  Public  property,  penalty,  1263. 
LAUNi..>.^o: 

Government   steam,   restriction  on   work, 
521,  521a,  521b. 
LAUNDRYMEN : 

at    Recruit    depots,    provisions    for    pay- 
ment, 723. 

LAW: 

Detail    of    officers    to    study,    forbidden, 

469b. 
Determination  of  questions  of.      See  At- 
torney General. 
LAW  BOOKS: 

Purchase  of,  restricted,  78. 
LEASES : 

in    District    of    Columbia.      See    District 
of  Columbia. 


MILITARY   LAWS   OF    THE   UNITED  STATES,   1915. 


679 


LEASES — Continued. 

of    Land    in   Hawaii    for   military   posts, 
1292. 

of  Public  property,  1279. 
LEAVES  OF  ABSENCE : 

Accrued,     civilian     employees,     Ordnance 
Department  serving  abroad,  8571. 

Arsenals.     See  Armories  and  arsenals. 

Executive    departments.      See    Executive 
departments. 

Extra  pay  in  lieu  of,   on  muster  out  of 
volunteers,  1383e,  I383j. 

Federal    and   District   employees   in   Offi- 
cers" Reserve  Corps,  1549a. 

Military    Academy.      See    Military   Acad- 
emy. 

Nurse  Corps.     See  Nurse  Corps. 

of  Officers.  See  Officers,  Army ;  Absence. 
LEGAL  SERVICES.  See  Attorney  General. 
LETTERS : 

See  also  Mail  matter. 

Advocating  treason  nonmailable,  253c. 

Alien   enemy.     See  Mails;   Trading  with 
enemy,  License. 

Military  convicts  privileged  to  send  and 
receive,  489. 

Nonmailable  matter,  vs^hen,  253a. 

Official,  sent  free  of  postage,  252. 

Opening,  authority  for,  253b. 

Penalty  for  franking  private,  253. 

Punishment    for    transmitting    when    de- 
clared nonmailable,  253d. 

Soldier  may  be  forwarded  unpaid,  251. 

Soldiers,    in    foreign    countries    may    be 
transmitted  free,  251a. 
LIABILITIES.     See      Outstanding     liabili- 
ties. 
LIBRARIES  : 

Certain,  made  depositories  of  documents, 
125,  125a. 
LIBRARY  OF  CONGRESS  : 

Chief  of  Engineers  granted  use,  800. 
LIBEL  : 

Food  and  fuel.     See  Food  and  fuel  con- 
servation. 

Seized    arms,    etc.,    intended    for    export. 
See  Neutrality. 
LICENSES : 

to    Conduct    commerce    with    insurgents, 
1423-1426. 
LIEUTENANT,  ARMY  : 

of  a  particular  arm  of  the  service,  see  the 
specific  title. 

First.     See  First  lieutenants. 

Fuel  and  forage  allowed,  554. 

Navy,  relative  ranis  with  Army,  352. 

Second.     See  Second  lieutenants. 
LIEUTENANT  COLONEL,  ARMY  : 

Examination   for  promotion,   467c,   930b. 

Fuel  and  forage  allowed,  554. 

Maximum  pay.  Including  longevity,   654. 

Pay,  635. 

Relative  rank  with  Navy,  352. 
LIEUTENANT  COMMANDER,  NAVY: 

Relative  rank  with  Army,  352. 


LIEUTENANT  GENERAL,  ARMY  : 

Appointment    for    period    of    emergency, 

number,  350d. 
Fuel  and  forage  allowed,  554. 
Pay,  635. 

Pay  and  allowances,  350e. 
Relative  rank  with  Navy,  352. 
Termination  of  office,  350. 
LIFEBOATS : 

Equipment  of  Army  transports  with,  536. 
LIGHT.     See  Heat  and   light. 
LIGHT  ARTILLARY.      See  also,   Artillery. 
Recruit    deport ;    school    for    instruction, 
1186. 
LIGHTHOUSE  SERVICE: 

Cooperation  in  time  of  war,  534d. 
Return  of  vessels,  personnel,  etc.,  on  ter- 
mination of  emergency,  534b. 
Transfer    of    vessels,    personnel,    etc.,    to 

Army  in  emergencies,  534a. 
When  subject  to  Articles  of  War,  534c. 
LIMITATIONS.     See    Statutes    of    limita- 
tions. 
LINEAL  RANK.     See  Rank,  Army. 
LINE  OF  ARMY: 

Enlisted   men,   etc.,    Corps   of   Engineers, 

part  of,  791a. 
Enlisted  men,  maximum  number,  332e. 
Enlisted    men.    Medical    Department,    ex- 
cluded from,  332e. 
Enlisted   men.   Quartermaster   Corps,    ex- 
cluded  from,   332e. 
Enlisted     men.     Signal     Corps,     excluded 

from,   332e. 
Enlisted  personnel,   maintenance  not   be- 
low minimum  strength,  332d. 
Philippine  Scouts,  excluded  from  strength, 

332e. 
Recruits,    excessive    enlistments,    service 

outside  of  United  States,  332a. 
Soldiers    sentenced    to    dishonorable    dis- 
charge excluded  from  strength,  332g. 
Unassigned       recruits       excluded       from 
strength,  332f. 
LINE  OFFICERS.     See  Officers,  Army. 
LINES  OF  COMMUNICATION  : 

Establishment   of,   as   President   may   di- 
rect, 1385: 
LIQUORS.     See  Intoxicating  liquors. 
LOANS.     Of  a  particular  article  or  class  of 

property,  see  the  article  or  class. 
LOCAL     BOARDS.     See     National     Army, 

Draft. 
LONGEVITY  PAY.     See  Pay  of  officers. 
LOST  CHECKS: 

Issue  of  duplicates,  245,  245a. 
LOYAL   STATES: 

During  insurrection.     See  Insurrection, 
LUMP-SUM  APPROPRIATIONS : 
See  also  Appropriations. 
Estimates  for,  96.  96a,  96b. 
Expenditures  from,  restrictions,  35. 
Method  of  making,  96b. 
Payment    of    additonal    salaries    to    em- 
ployees from,  prohibited,  35a. 
Transfer  of  employees  paid  from,  35. 


680 


MILITARY   LAWS    OF    THE   UNITED   STATES^   1915. 


MACFIINE-GUN  COMPANY  :  I 

Additional,  for  Cavalry  and  Infantry 
brigades,  356d. 

Armored  motor-car,  for  divisions,  com- 
positon,  356e. 

Infantry.     1097b. 
MACHINE-GUN  DETACFIMBNTS  : 

Volunteer  forces,  organization,  1385. 
MACHINE-GI'N  TROOP: 

Cavalry,   1074c. 
MACHINE-GUN    UNITS: 

Duty  with,  not  deemed  detached  service, 
9381. 
MACHINES  : 

Exchange  of  sewing  and  other  labor-sav- 
ing,   1261a. 
MAGAZINE   RIFLES: 

Issue  to  rifle  clubs  and  schools,  954a, 
954b. 

Sale,  to  rifle  clubs,  1367,  1368. 
MAGAZINES.     See  Periodicals. 
MAIL    MATTER: 

See  also  Newspapers ;  Postage. 

Envelopes.     See  Envelopes. 

Franking  privilege  extended,  255. 

Letters.      See  Letters. 

Penalty  for  franking  private,  253. 

Registry  of  official,  free  of  postage,  257. 

Return  penalty  envelopes  may  be  used, 
250. 

Jurisdiction  of  offenses,  transmitting 
nonmailable,    253e. 

Letters,  advocating  treason,  nonmailable, 
253c. 

Letters,  post  cards,  etc.,  nonmailable, 
253a. 

Opening  letters,  authority  for,  253b. 

Punishment  for  transmission  when  de- 
clared  nonmailable,   253d. 

Soldiers'  letters  may  be  forwarded  post- 
age unpaid,   251. 

Soldiers'  letters  may  be  transmitted  free 
from  foreign  countries,  251a. 
MAILS  : 

Alien  enemy,  sending  into  or  from  United 
States,   1425c,   1425d. 

Censorship  of  communications  by,  etc., 
during  war,   1425o,  1425f. 

Jurisdiction  of  offenses,  transmitting 
nonmailable  matter,  253e. 

Newspapers,  etc.,  in  foreign  languages, 
filing  translation  before  mailing,  253g- 
253k. 

Obstructing,   penalty,   1465. 

Publications  in  foreign  languages,  copies 
of  permits  and  revocations  of,  253f. 

Publications  in  foreign  languages  non- 
mailable,  when,   253h. 

Publications  in  foreign  languages,  pun- 
ishment for  making  affidavit  contain- 
ing false  statement,  253k. 

Publications  in  foi'eign  languages  under 
permits  to  bear  certificate  as  to,  253j. 

Punishment  for  use  of,  to  transmit  non- 
mailable matter,   253d. 
*  Use    of,    to    make    threats    against    the 
President,  penalty,  la. 


MAJOR,    ARMY: 

in  a  particular  arm  or  department,  see 
the   specific    title. 

Examination   for   promotion,   467b,   930b. 

Fuel  and  forage  allowed,  554. 

Maximum  pay,  including  longevity,   654. 

Pay,   635. 

Relative  rank  with  Navy,  352. 
MAJOR    GENERAL,    ARMY  : 

in  a  particular  arm  or  department,  see 
the    specific    title. 

Command,  of  what  consists,  356. 

Entitled  to  three  aids,  351. 

Fuel  and   forage  allowed,  554. 
,  Lino,  appointment  in  time  of  peace,  350c. 

Number.    350b. 

Pay,  635. 

Relative  rank  with  Navy,  352. 

Staff   of,    358-360. 
MAN.      See   Men. 
MANCHU    LAW: 

Assignment  to  detached  officers'  list, 
929e. 

Provisions  and  scope,  384,   937-938^.. 
MANEUVERS : 

See  also  Militia,  Encampments  and  Ma- 
neuvers;  National  Ouard,  Encamp- 
ments   and    Maneuvers. 

Damages  to  private  property  caused  by, 
162. 

by  Regular  Army  and  militia,  1296-1298. 
MANUFACTURE : 

Food  and  fuel.     See  Food  and  fuel  con- 
servation.   License. 
MANUFACTURE    OF    ARMS.      See   Arms; 

Munition  idants. 
MANUFACTURING     ESTABLISHMExNTS : 

Foreign,  expenses  of  special   courses   in, 
889uu. 
MARINE    AND    SEAMEN'S    INSURANCE: 

Division  of.     See  Bureau  of  War-Risk  In- 
surance. 
MARINE    CORPS: 

Appointment  of  officers  as  director  of 
civilian  marksmanship,  1580. 

Army  supplies  furnished  while  on  shore 
duty,   517. 

Articles  of  War.  when  subject  to,  305, 
2  A.  W. 

Cadets,  deficient,  appointment  in,  1162e. 

Commissioned  service  in,  counted  in  rank 
of  Artillery  officers,  353a. 

Deceased  officers  and  men,  settling  ac- 
counts,  1060. 

Enlisted  men  on  shore  duty,  rations  or 
commutation,  304a,   304b,   590. 

Medical  personnel  of  Navy  serving  with, 
on  shore  duty,  subject  to  Articles  of 
War,    305a. 

Officers,  precedence  over  drafted  forces, 
18.39m. 

Purchase  of  ordnance  by  officers,  843. 

Purchase  of  quartermaster  supplies  by 
officers  of,   588a. 

Purchase  of  subsistence  by  personnel  of, 
588,    588b. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1916. 


681 


MARINE  CORPS— Continued. 

Rations    furnished,    serving   with    Army, 

590,    304a,   304b. 
Sale  of  stores  to  Army  personnel,  588. 
Shore  duty,  subject  to,  304. 
Transfer  to.  by  enlisted  men,  1036. 
MARINE  INSURANCE : 

Proclamation  of  President  relative  to,  as 
affecting  German  insurance  companies, 
1425k. 
MARITIME    JURISDICTION   OF   UNITED 
STATES : 
Offense  committed  within,  1316a. 
MARITIME  PRIZES: 

Captures   on    inland    waters    not    consid- 
ered, 1429. 
MARKSMEN : 

Additional  pay  for  qualifying,  699,  699a. 
MARRIAGE  : 

See  also  Military  and  Naval  Compenaor 

tion. 
Military  and  Naval  Insurance — 
Evidence,  as  to  claimants,  1483q. 
Legal,  according    to    law    of    domicile, 
1483r. 
MARSHALS : 

Fees  in  civil-rights  actions,  1451. 
Warrants  and  process  to  be  executed  by, 
1450. 
MASTER  ARMORER  : 

Springfield  Armory,  pay,  854a. 
MASTER  ELECTRICIAN  : 

Quartermaster    Corps,    designated,    quar- 
termaster sergeants,  514b. 
Quartermaster  Corps,  number,  506a. 
Rate  of  pay,  695. 
MASTER  ENGINEER: 

Pay,  69oa. 
MASTER  GUNNERS : 

Rate  of  pay,  095. 
MASTER  HOSPITAL  SERGEANT: 
'     Appointment,  760a. 
Pay,  695a. 
Percentage,  766d. 
MASTER  OF  THE  SWORD  : 

Military  Academy,  pay,  etc.,   113^1,  1132, 
1132a. 
MASTER   SIGNAL  ELECTRICIAN: 

Signal  Corps,  percentage,  890a. 
MATERIALS  : 

American,  to  have  preference,  1205,  1234, 

1234a. 
Bonds  to  cover  payments  for,  1217. 
Proceeds  of  sales  of  old,  disposition,  404. 
MEAL.      See  Food  and  Fuel   Conservation. 
MECHANICS  : 

See   also   Laborers;   Injuries    to   Govern- 
ment employees. 
Designated  as  horseslioer,  pay,  703. 
Eight    hours    to    constitute    day's    work, 

1218,  1219. 
Executive    departments,    employment    re- 
stricted, 28. 
in  Field  Artillery,  pay,  697,  698. 
Medical  Department,  percentage,  766e. 
Pay,  695a. 
Transfer  on  lump-sum  appropriations,  35. 


MEDAL  OF  HONOR  ROLL  : 

Allowances    for    special    pensions,    bow 

paid,  1014h. 
Applications  for  entry  on,  1014a. 
Certificate  to  be  issued,  1014b. 
Certificate,     copy     to     Commissioner     of 

Pensions,  1014b. 
Commencement  of  special  pension,  101 4d. 
Conditions  for  entry  on,  1014a. 
Establishment,  1014a. 
Evidence     considered     as     to     applicant, 

1014b. 
Limitation   where    two    or    more   medals, 

1014g. 
Other  benefits  not  affected,  1014e. 
Rank  not  considered,  1014g. 
Special  pension,  1014c. 
Special    pension    exempt    from    tax,    etc., 

1014f. 
MEDALS  : 

See    also    Badges;    Insignia;    Medals    of 

honor;  Trophy,  National. 
Bronze,    to   volunteers,    Philippine   insur- 
rection, 1013b,  1013c. 
MEDALS  OF  HONOR : 

Sec  also  Badges;  Insignia. 
Appropriation  available  for,  1017. 
Board  to  Investigate  Past  Issues — 

Access    to    War    Department    records, 
1014b. 

Composition,  10141. 

Expenses,   1014m. 
Enlisted  men,  1013a. 
Issue  of — 

to   Militia   and   volunteers,   authorized, 
1385. 

to  Persons  after  separation  from  serv- 
ice, 1014. 

by  President  authorized,  1013. 
Names    to    be    stricken    off    list    if    im- 
properly issued,  1014f. 
Replacement — 

of  Lost.  1015. 

of  Worn-out,  1016. 
Rosettes  or  insignia   worn  in  lieu,    1014, 

1017. 
Wearing      or      displaying      after      name 

stricken  from  list,  1014k. 
MEDICAL  CORPS  :  ^ 

See    also    Medical    Department;    Medical 

Reserve  Corps. 
Appointments — 

Age  limit,  732a-732c. 

Contract  surgeons  eligible,  733. 

Examination  by  medical  board.  732. 

Limitation  upon  annual  number,  734. 

Qualification,  732a. 

When  Army  reduced,  729b. 
Composition,  729,  729a. 
Comprises   part   of   Medical    Department, 

728,  728a. 
Discharge  of  increase  made  for  time  of 

war,  729c. 
Officers — 

Assignment   to   duty   by    Secretary    of 
War,  741. 


682 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


MEDICAL    CORPS — Continued. 
Officers — Continued. 

Attendance  on  families  of  officers  and 
soldiers,  742. 

Command,  rank  gives  no  riglit  to,  355. 

Cooking  by  enlisted  men,  superintend- 
ence, 748. 

Detail  with  Red  Cross,  728b. 

Promotion  as  captains  of  first  lieuten- 
ants, 729d. 

Rank   and  precedence,  730,   731,  731a. 

Ratio  to  Army,  729a. 

Record  of  sick  and  wounded,  439. 

Saving    clause    in    reorganization    act, 
737. 
Promotions — 

Above  captain,  limited,  729b. 

According  to  seniority,  734. 

After  examination,  735,  736. 

Examination,  effect  of  failure,  735,  736. 

First  lieutenants  as  captains,  729d. 

Limitation  upon  annual  number,  734. 
MEDICAL  DEPARTMENT: 

Accounts,  settlement  with  other  bureaus, 

etc.,  775g. 
Composition,   728,   728a. 
Contract  dental  surgeons.     See  Contract 

dental  surgeons. 
Contract    surgeons.    *See    Contract    sur- 

(jeons. 
Contracts,  form,  1211c. 
Cook,  pay,  695a. 
Cook,  percentage  of,  766d. 
Corporal,  pay,   695a. 
Corporal,  percentage  of,  766d. 
Dental  Corps.     See  Dental  Corps. 
Dental    students.     See    Enlisted   Reserve 

(  orps. 
Dental  surgeons.     See  Dental  surgeons. 
Employment  of  civilian  physicians,  779. 

E.N  LISTED    Mex — 

See   also   Hospital   Corps. 

Composition,   756a. 

Enlistments,  766a. 

Ho?pital  Corps  transferred  to,  756b. 

Increase  in  emergency,  766c. 

Line,  exclusion  from,  332e,  756a. 

Pay,  rated,  765a,  765b. 

Percentage  of  grades,  766d-766f. 

Promotion,   766a. 

Promotion   when   Army   reduced,   766g 

Ratings  for  additional  pay,  765a,  765b. 

Ratio  to  strength  of  Army,  766b. 

Transfer  from  line  or  staff,  766a. 

Farrier,   pay,   695a. 

Farrier,  percentage,  766e. 

Ilorseshoer,.  pay,  695a. 

Uorseshoer,  percentage,  766e. 

Hospital  Corps.     See  Hospital  Corps. 

Hospital     matrons.      See     Hospital     ma- 
trons. 

Hospitals.     See  Hospitals. 

Hospital  sergeant,  pay,  695a. 

Hospital  sergeant,  percentage,  766d. 

Hospital    stewards.     See    Hospital  stew- 
ards. 


MEDICAL  DEPARTMENT— Continued. 
Major    general,    office    to    cease    on    va- 
cancy, 927g. 
Master    hospital    sergeant,    appointment, 

760a. 
Master  hospital  sergeant,  pay,  695a. 
Master     hospital     sergeant,     percentage, 

766d. 
Medical  Corps.     See  Medical   Corps. 
Medical  Reserve  Corps.     See  Medical  Re- 
serve Corps. 
Medical  students.     See  Enlisted  Reserve 

Corps. 
Mechanic,  pay,  695a. 
Mechanic,  percentage,  766e. 
Noncommissioned  Officers — 

Percentages,  766d. 

Promotion  when  Army  reduced,   766g. 

Reenlistment  in  same  grade,  766g. 
Nurse  Corps.     See  Nurse  Corps. 
Officers.     See  Medical  Corps;  Medical  Re- 
serve   Corps;    Dental    Surgeons;    and 

Veterinary  Corps. 
Part  of  Regular  Army,  331a. 
Private,  pay,  695a. 
Private  percentage,  766f. 
Private,  First  Class — 

Pay,  695a. 

Pay,  additional,  765a,  765b. 

Percentage,  766f. 
Saddler,  pay,  695a. 
Saddler,  percentage,  766e. 
Sanitary  equipment,  loan  to  Red  Cross, 

755b. 
Sergeants,  additional  details,  1332a. 
Sergeants,  pay,  695a. 
Sergeants,  percentage,  766d. , 
Sergeants,  first  cla.ss,  pay,  695. 
Sergeants,  first  class,  percentage,  766d. 
Supplies — 

Proceeds  of  sales,  775f. 

Sale  to  American  Red  Cross,  755a. 

Sale  to  civilian  employees,  755e. 
Surgeon   General.     See  Surgeon  General. 
Surgeon    General,    pay    and    rank,    729a, 

927f-927g,    373a. 
Surgeons.     See  Surgeons,  Army. 
Trusses,  applications  for,  783a. 
Trusses,  purchase,  783b. 
"Veterinary  Corps.     See  Veterinary  Corps. 
MEDICAL  DEPARTMENT,  NAVY  : 

Officers   and    enlisted    men    serving   with 

Marine  Corps  on  shore  duty  subject  to 

Articles  of  War,  305a. 
MEDICAL  INSPECTORS: 

of  Volunteer  forces,   1393. 
MEDICAL  RESERVE  CORPS: 

See    also    Medical    Department ;    Medical 

Corps. 
Abolished,  1539. 
Appointments,  contract  surgeons  eligible, 

745. 
Appointments,  rights  and  privileges,  744. 
Assignment   to   active   duty,   restrictions, 

746. 
Called    out,    restoration    of    Government 

employees,  1339o. 


MILITARY   LAWS   OP   THE   UNITED   STATES,   1915. 


683 


MEDICAL  RESERVE   CORPS— Continued. 
Comprises   part   of   Medical   Department, 

728. 
Officers,    when   subject   to  Army   Regula- 
tions, 747. 
Part  of  Medical  Department,  728a. 
Pay,  695a. 

Pay  of  members  on  active  duty,  747. 
Pensions  to  members,  restrictions,  748. 
President  authorized   to   discharge   mem- 
bers, 74«. 
Rank   of  members   while  on  active  duty, 

744. 
Retirement  of  members,  748,  749. 
MEDICAL   SERVICE: 

Supplies   and,    furnished    by   Director   of 

War-Risk  Insurance,  1483bbb. 
Supplies  and,  injured  Federal  employees, 
G6i. 
MEDICAL  STUDENTS: 

Enlistment     in     the     Enlisted     Reserve 
Corps,  1591a. 
MEDICAL  TREATMENT  : 

of  Army  personnel  in  private  hospitals, 

776,  776a,  776b,   776d. 
Director  of  War-Risk  Insurance,   to  fur- 
nish, 1483bbb. 
of  Families  of  officers  and  soldiers,  742. 
Injured  Fedei'al  employees  to  receive,  661. 
Prisoners  of  war,  etc.,  776d. 
MEN: 

Defined  as  to  allotments,  allowances,  etc., 
148az. 
MEMBERSHIP  FEES : 

Payment    from   public   money   restricted, 
81. 
MEMBERS  OF  CONGRESS.     See  Congress. 
MERIT,  CERTIFICATES  OF.     See  Certifi- 
cates of   merit. 
MESSENGERS  : 

in  Army,  pay,  etc.,    362,  362a,  362b. 
in    Executive    departments.      See    Execu- 
tive   departments. 
at    Headquarters,    restriction    on    detail, 
31,  362b,  362d. 
MESS    SERGEANT: 

Pay,  697. 
MESS   STEWARD: 

at  Recruit  depots,  extra-duty  pay,  563b. 
MEXICAN    BORDER: 
See  also  National  Guard. 
Homesteaders     credited     with      military 
service  on,   1272a. 
MEXICAN   WAR: 

Enlistments     in,     desertion     charge     re- 
moved, 449,  450. 
MEXICO  : 

Employment    of   armed    forces   in,    justi- 
fied, 1475a. 
Exportation  of  arms  to,  may  be  prohib- 
ited, 1475. 
Hostility  to  people  of,  disclaimed,  1475b. 
MILEAGE : 

of  a   particular  cla^s  of  officers,  see   the 
specific  title;  see  also  Transportation. 
Accounts    computed    by    mileage    tables, 
676.  678. 


MILEAGE — Continued. 

Allowance  if  station  changed  while  on 
leave,    679. 

Appropriations  for,  689. 

Civilians  attending  training  camps,  rate, 
1574a. 

Computed  over  shortest  route,  675,  678. 

Deductions,  for  transportation  in  kind, 
685. 

Deductions  for  travel  on  free,  etc.,  roads, 
686,    687. 

Foreign  armies,  officers  and  enlisted 
men  of  attached  to  U.  S.  Army,  673b, 
889yy. 

for  Inspections  restricted  to  those  or- 
dered,  688. 

Officers  and  enlisted  men  of  foreign 
armies  serving  with  Aviation  Section, 
889yy. 

Officers  detailed  abroad,  673. 

Officers  in  Aviation  Section,  appropria- 
tion for,  688a. 

Officers,  in  Ordnance  Department,  ap- 
propriation,  688b. 

Officers  on  discharge,  680. 

Orders  involving,  to  state  duty  enjoined, 
677. 

Payments  for  inspections,  etc.,  restricted, 
688. 

Rate  of  allowance,  7  cents  per  mile,  678. 

Secretary  of  War  to  define  terms  of,  671. 

Travel  and  duty  "  without  troops  "  to  be 
defined,  671,  671a. 

Travel  expenses  in  lieu  of,  680. 

Traveling    expenses    of    Foreign    officers, 
etc.,    attached    to    U.    S.    Army,    673b, 
889yy. 
MILITARY   ACADEMY: 

Academic  Board,  1162. 

Academic   Staff — 

not    Entitled    to    separate    commands, 
1114, 

Accounts  with  other  bureaus,  settlement, 
1179a. 

Adjutant — 

Detailed  by  Secretary  of  War,  1108. 
Pay,    1135. 

Appropriations.  See  this  title.  Contin- 
gent   fund;   Superintendent. 

Army  service  detached.  See  this  title. 
Enlisted    men. 

Assistant  instructors.  See  this  title. 
Instructors. 

Assistant  professors.  See  this  title.  Pro- 
fessors. 

Athletic    Teams — 

Trainer,    custodian    of   gymnasium   as, 
1131a. 

Band — 

Competition   with    civilian    bands    pro- 
hibited,   1167. 
Composition,    1166,    1167. 
Musicians,  number  and  pay,  1165,  1166. 
Music    outside    reservation,    no    extra 

pay,    1167. 
Part  of  Regular  Army,  331a. 


684 


MILITAKY    LAWS    OF    THE   UNITED    STATES,   1915. 


MILITARY    ACADEMY— Continued. 
Board  of  Visitors — 

Appointment,    1174,    1174a. 
Duties,  1175. 
Expenses,   1174,   1174b. 
Buildings — 

Erection    of    churches,    when    allowed, 

1181. 
Hotel,  disposition  of  rent,  1178. 
Increase,  board  to  report,  1139d. 
Cadet    Battalion — 
Composition,  1158. 
Encampments  and  instruction,  1158, 
Cadet  Mess — 

Purchases  for,   1136. 
Cadets — 

See  also  Articles  of  War. 
Appointment — 

of  Cadets  found  deficient,  1162. 
Candidates'  traveling  expenses,  1152. 
Conditional  until  admitted,  1145. 
Date  of  admission  changed,  1149. 
District    of    Columbia,    1139a. 
Examination  before  admission,  1147. 
Honor   graduates  of  educational  in- 
stitutions,   1139a. 
at  Large,  11.30a. 

Number,    see   this   title   Number. 
One  year  before  admission,  1145. 
Philippine   Islands,    1143a. 
Physical   examination,    1148. 
Porto   Rico,   1139a. 
by  President,  1139,  1139a. 
Qualifications.     See  this  subdivision, 

Qualifications. 
as  Second  lieutenant  and  retire  for- 
mer, 1162f,  1162g. 
Successor  after   three   years,   1141a, 
n41b. 
Commutation     of     rations     for,     611b, 

611c. 
Courts-martial,  1163,  2  A.  W. 
Deficient — 

Reexamination  ^allowed,  1162a. 
Reexamination    allowed     former, 

1162b. 
Restrictions,  1^162c. 
Dismissal — 

for    Deficiency    in    studies,    commis- 
sion in  Army,  1 162d. 
for    Deficiency    in    studies,    commis- 
sion in  Marine  Corps,  1162c. 
for    Hazing    not    to   be    reappointed, 

1164. 
from    District    of    Columbia,    1139a, 

1144. 
Duties.     See  this   subdivision.  Serv- 
ice. 

GlJADrATES 

Commissioned      second      lieutenants, 

1154,  1155,  331d. 
Commission   in   Corps   of   Engineers, 

784,  786. 
Detail  as  instructor,  restricted,  1130. 
Mileage  from  home  to  station,  1157. 
Pay  as  second  lieutenant,  1156. 


MILITARY   ACADEMY— Continued. 
Cadets — Continued. 
Hazing — 

Dismissal  for,  authorized,  1164, 
Punishment    prescribed    by    superin- 
tendent, 1164. 
Headquarters — 

Rank     and     pay     of     enlisted     men, 
1176b. 
Honor  graduates  from  colleges,  1139a. 
at  Large,  number,  1140,  1139a. 
from  National  Guard,  1139b. 

NuaiBER 

Authorized   from    States,   etc.,    1139. 
1139a. 

Increased,  caring  for,  1139d. 

Increase,  in  increments,  1139c. 

Increased,  1141,  1144,  1139a. 

at  Large,  limited  to  40,  1140,  11.39a. 
Oath.   lir)0. 
Pay— 

Commences  at  admission,  1145. 

of  Graduates  commissioned,  1154. 

Rate,   1153. 
Part  of  Regular  Army,  331a. 
from    Philippine   Islands,   1143,    1143a. 
from  Porto  Rico,  1142,  1139a. 
Qualifications — 

Age  limit,  1146. 

Educational,  1147. 

Resident   of   St;ite,   etc.,  from   which 
appointed,  1139,  1139a. 
Rations,  commutation,  611  b. 
from   Regular  Army,  1139b. 
Service — 

Articles  of  service,  1151. 

not  Counted  for  retirement,  657. 

Period  of,  1151. 

Place  of,  as  President  directs,  1159. 

STUDIE.S 

Alcohol  and  narcotics,   1161. 
Military  instruction,  1158. 
Sunday  study  not  required,  IIGO. 
Cadet  Stoke — 

Retirement  of  manager,  1136b. 
Chaplain — 

Appointment   and  term  of  office,   1133. 
Pay  and  allowances,  1133. 

CO.\r.MANDANT   OF   CADETS 

Appointment,  by  President,  1108. 

to  Command  battalion  of  cadets,  1112. 

Instructor  of  tactics,  1112. 

Local    rank    lieutenant   colonel    of    En- 
gineers, 1110. 

Pay  of  lieutenant  colonel,  1113. 

Selected    from     any    «rm     of    service, 
1109. 
Commissary  and  quartermaster,  1136. 
Commissary  sergeant  assistant,  1136a. 
Constructing  quartermaster,   1137. 
Contingent  Fund — 

Annual  accounting,   1178. 

Creation,  1178. 
Courts-martial,  1163,  2  A.  W. 
Custodian  of  gymnasium,  1131a. 
Dental  surgeon  detailed,  755. 


685 


MILITARY  ACADEMY— Continued. 
Enlisted  Men — 

Army     service     detachment,     number, 

1170. 
Army  service  men,  pay,  1169. 
Artillerymen    mustered   out   and   reen- 

listed,  1168. 
Cadet     lieadquarters,     rank    and     pay, 

1176b. 
Cavalry  detachments,  number,  1170. 
Engineer     detachment,      number     and 

pay,  1171. 
Extra    pay,    overseer    of   water   works, 

1176a. 
Pay,  1176. 
Gas.     Sale  of,  1178. 
Graduates.     See  this  title.  Cadets. 
Hazing.     See  this  title,  Cadets. 
Hotel — 

Disposition  of  rent  from,  1178. 

INSTUUCTOUS — 

Assistant  instructors,  pay,  1127. 
Assistant   instructors   of   tactics,    pay, 

1128. 
Detail     of     graduates     as,     restricted, 

1130. 
Enumerated,  1106. 
of  Military  hygiene,  1123. 
Pay,   1125. 

Retirement  status,  112.5. 
Leaves  of  absence  to  officers,  1138. 

LiUKAKY — 

Depository     of     Government     publica- 
tions, 1173. 

Depository  of  public  documents,  125. 

Furnished  copy   of  each  ,  Senate  Docu- 
ment, 1172. 

Pay  of  librarian  and  assistant,  1134. 

Subscriptions,     for,     payment     in     ad- 
vance, 1178a. 
Manager,  _  cadet  store,  retirement,   1136b. 
Master  of  the  Sword — 

Creation  of  office,  1106. 

Duties,  1131. 

Line  officer  to  perform  duties  of,  1131, 

Pay  and  rank,  1131,  1132,  1132a. 
National  defense  act,  effect  on,  1106a. 
Noncommissioned  Officers — 

See  also  this  title.  Enlisted  men. 

Headquarters  Corps  of  cadets,  rank  and 
pay,  1176b. 

Pay,    1176. 
Officers — 

jS'ce  also  throughout  this  title. 

Detailed  from  any  arm  of  service,  1109. 

Enumerated,   1106. 

Rank,    gives    no    right    to    command, 
1114,  1126. 

Vacancies,  how  filled,  1108a. 
Polo  ponies,  purchase  for,  542. 
Professors — 

Appointed  by  President,  1108. 

Assistant  professor  of  English,  1122. 

Assistant  professor  of  history,  1122. 

Assistant  professor  of  law,  1116a. 

Assistant    professors,    officers    detailed 
as,  1108. 


MILITARY  ACADEMY— Continued. 
Professors — Continued. 

Assistant  professors  of  ordnance,  pay, 

1120. 
Assistant  professors,  pay,  1127. 
Associate    professors    of    mathematics, 

1117,  1117a. 
Associate     professors    of    modern    lan- 
guages, 1118. 
Associate    professors,    rank    and    com- 
mand, 1126. 
Command  only  in  Academy,  1126. 
Detail  of  graduates,  restricted,  1130. 
of  English,   civilians  to   be   appointed, 

1121. 
Enumerated,   1106. 
of  Law,  assigned  from  Army,  1116. 
of  Law,  Judge  Advocate  assigned,  472. 
of  Military  hygiene  rank,  1124. 
of  Ordnance  and  gunnery,  1119. 
Part  of  Regular  Army,  331a. 
Pay,  restrictions,  1125. 
Promotion  to  colonel  after  certain  serv- 
ice, 1108b,  1125a. 
Rank  in  Army,  1126. 
Retirement  status,  1125,  1129. 
Purchases.     See  this  title,  Supplies. 
Quartermaster  and  commissary,  1136. 
Sales — 

of  Gas,  1178. 

of  Unserviceable  instruments,  1179. 
Studies.     See  this  title.  Cadets. 
Subscriptions,      payment      in      advance, 

1178a. 
Superintendent — 

to     Acount     annually     for     contingent 

fund,   1178. 
Appointed  by  President,  1108. 
Appropriation  for  contingencies,   1177. 
Command  of  Academy,  etc.,  1111. 
Court-martial  for  trial  of  cadets,  1163, 

2,  14,  48  A.  W. 
Creation  of  office,  1106. 
Leave    of    absence    to    which    entitled, 

1115. 
Leaves   of  absence   to  professors,   etc., 

1138. 
Pay  of  colonel,  1113. 
Rank  of  colonel  of  engineers,  1110. 
Selected  from  any  arm  of  service,  1109. 
Supervision  by  War  Department,  1107. 
Supplies — 

Purchase,    by    contract    or    otherwise, 
1158a. 
Waterworks,     extra     pay     for     overseer, 

1176a. 
Wharfage  dues,  collection  of,  1178b. 
MILITARY   AERONAUT: 

See  Signal  Corps,  Aviation  Section. 
MILITARY     AND     NAVAL     COMPENSA- 
TION : 
See  also  Pensions. 

Age  limit  of  child  or  grandchild,  excep- 
tion, 1483v. 
Appropriation      for,      payments      trom, 
1483aaaa. 


686 


MILITARY   LAWS   OF   THE   UNITED   STATES,  1915. 


MILITARY     AND     NAVAL     COMPENSA- 
TION— Continued. 
Artiflcial     limbs.     See     this     title,     Dis- 

ahility. 
Assignment  of,  1483uuu. 
Attachment  of,  exemption  from,  1483uuu. 
•    Awards  for  death  or  disability,  by  whom 
made,  1483aaaa. 
Awards,  review  of,  14831ckk. 
Brother  defined  as  to,  1483x. 
Child  defined  as  to,  1483t. 
Claims  against  third  persons,  assignment 

to  United  States,  1483yyy,  1483zzz. 
Claims    for,    time    for    filing,    1483ppp- 

1483ttt. 
Coast  Guard,  when  entitled  to,  1483ee. 
Commissioned  officer  defined  as  to,  1483y. 
Commissioner  of  Pensions  to  administer 

provisions  relative  to,  1483bbbb. 
Death — 

Apportionment     between     widow     and 
children  not  in  her  custody,  1483tt. 
Amounts   payable   to   widow  and   chil- 
dren,  148311. 
Army  Nurse  Corps,  female,  1483xxx. 
Assigned    claims,    disposition    of    pro- 
ceeds by  United  States,  1483zzz. 
Assignment  to   United   States  of  right 
of  action   for  against   third   person, 
1483yyy,  1483zzz. 
Beneficiaries     remaining     where     pay- 
ment has  ceased  to  some,  1483ss. 
Burial  expenses,  etc.,  in  case  of  prior 

to  dif^^harge,  1483pp. 
Child,  duration  of  to,  1483rr. 
Children,     amounts    payable     to     for. 

118311. 
Children  not  in  custody  of  widow,  ap- 
portionment between,   1483tt. 
Discharge,  etc.,  prior  to,  time  limit  of 

claim  for,  1483qqq. 
Dishonorable     discharge    or    dismissal 

from  service,  effect  on,  1493ooo. 
Dismissal    or    discharge    from    service, 

effect  on,  1483ooo. 
Duration  of,  to  child,  1483rr. 
Duration    of    to    widow    or    widowed 

mother,  1483qq. 
Inflicted       as       lawful       punishment, 

14S3nnn. 
Marriage,  restriction  as  to  time  of  sub- 
sequent to  injury,  1483tt. 
Minor   claimant,   time   limit   for   filing 

claim,    1483SSS. 
Mother.      See    this    title    Widowed 

mother. 
Navy  Nurse  Corps,  female,  1483xxx. 
Nurse     Corps.     See     this     title     Army 

Nurse   Corps,   etc. 
Payment  of,  prior  to  filing  claim,  limi- 
tation on,   1483ttt. 
Persons  entitled  to,  1483kk. 
Record    of,    prerequisite    to    payment, 

^  1483mmm. 
Review  of  awards,  1483kkk. 
Time    limit    of    claim    for,   1483ppp- 
1483ttt. 


MILITARY     AND     NAVAL     COMPENSA- 
TION— Continued. 
Death — Continued. 

Time  limit  of  claim  for,  extension  of, 
1483rrr. 

Time  of  occurrence  as  affecting  right 
to,   1483111. 

Widow  and  children  not  in  her  cus- 
tody, apportionment  between,  1483tt. 

Widow,  amount  payable  to,  149311. 

Widow,  duration  of,  1483qq. 

Widowed  mother,  amount  payable  to, 
1483mm. 

Widowed  mother,  duration  of,  1483qq. 

Widowed  mother,  receive  for  death  of 
but  one  child,   1483nn. 

Widowed  mother,  right  of  not  depend- 
ent on  date  of  widowhood,  1483oo. 

Widow,  restriction  as  to  time  of  mar- 
riage subsequent  to  injury,  1483tt. 
Disability — 

Amount  of  monthly,  dependent  on  ex- 
isting conditions,  1483ddd. 

Amounts,    1483vv. 

Army  Nurse  Corps,  female,  1483xxx. 

Artificial  limbs,  furnishing  of,  1483bbb. 

Assigned  claims,  disposition  of  pro- 
ceeds by  United  States,  1483zzz. 

Assignment  to  United  States  of  right 
of  action  for,  against  third  person, 
1483yyy,    1483zzz. 

Basis  of  schedule  of  ratings  of  reduced 
earning  capacity,   1483aaa. 

Children,  amounts,  1483vv. 

Discharge,  etc.,  prior  to,  time  limit  of 
claim    for,    1483qqq. 

Dishonorable  discharge  or  dismissal 
from  service,  effect  on,  1483ooo. 

Dismissal  or  discharge,  effect  on, 
1483000. 

Examination,  cessation  ot,  during  re- 
fusal to  submit  to,  1483111. 

Examination  of  persons  receiving, 
1483eee-1483iii. 

Examination,  personal  physician  may 
participate  in,  1483fff. 

Examination,  refusal  to  submit  to,  etc., 
1483hhh,  1483iii. 

Examination,  traveling  expenses,  etc., 
in  connection  with,  1483ggg. 

Hospital  service  and  supplies,  1483bbb. 

Maximum  for  loss  of  both  feet,  hands, 
or  eyes,   1483xx. 

Medical  or  surgical  treatment,  1483jjj. 

Medical  services  and  supplies,  1483bbb. 

Military  or  naval  control  prior  to  dis- 
charge, 1483CCC. 

Minor  claimant,  time  limit  for  filing 
claim,   1483SSS. 

Navy  Nurse  Corps,  female,  1483xxx. 

Nurse  Corps.  See  this  title  Army 
Nurse  Corps,  etc. 

Nurse  or  attendant  where  total, 
1483ww. 

Partial,  to  be  percentage  of  that  for 
total,  1483yy. 


MILITAKY   LAWS  OF   THE  UNITED   STATES,  1915. 


687 


MILITARY     AND     NAVAL     COMPBNSA- 

TI05J — Continued. 
DiSABTLiTY — Continued. 

Payment  prior  to  filing  claim,  limita- 
tion on.   1483ttt. 

Permanent,  maximum  earning  as  to  re- 
duced rating  capacity,  1483zz. 

Persons  entitled  to,  1483kk. 

Persons  receiving  service  or  retirement 
pay  not  entitled  to,  1483vvv. 

Retirement  pay,   person    receiving,  not 
entitled  to,  1483vvv. 

Review  of  awards,  1483kkk. 

Revision   of   schedule   of  rating  of  re- 
duced earning  capacity,  1483aaa. 

Schedule  of  ratings  of  reduced  earning 
capacity,  1483zz,  1483aaa. 

Service  pay,  persons  receiving  not  en- 
titled to,  1483VVV. 

Surgical       and       medical      treatment, 
1483jjj. 

Surgical        services        and        supplies, 
1483bbb. 

Time      limit,      claim      for,      1483ppp- 
1483ttt. 

Time    limit,    claim    for,    extension    of, 
1483rrr. 

Time    of    occurrence    of,    as    affecting 
right  to,  1483111. 

Trusses,  furnishing  of,  1483bbb. 

Widowed  mother,  amouhts,  1483vv. 

Wife,  amounts,  1483vv. 
Disease.     See  this  title,  Injury. 
Discharge,    dishonorable,    etc.      See    this 

title.  Disability. 
Discharge,     military     or     naval     control 

prior  to,  1483ccc. 
Dismissal.     See  this  title.  Disability. 
Enlisted  man  defined  as  to,  1483z. 
Enlistment  defined  as  to,  1483aa. 
Exempt     from     assignment,    attachment, 

taxation,  etc.,  1483uuu. 
False   statement   to   claims,   punishment, 

148311. 
Fraudulent  acceptance  of  payment,  pun- 
ishment, 1483jj. 
Grandchild  defined,  1483u. 
Gratuity    superseded    by    provisions    for, 

1483w^ww. 
Hospital    supplies,    etc.      See    this    title. 

Disability. 
Injury  defined  to  include  disease,  1483cc. 
Man  defined  as  to,  1483z. 
Medical    services,    etc.      See    this    title. 

Disability. 
Military   or   naval    foi'ces   defined   as   to, 

1483ee, 
Minors,  payments  to,  1483ff. 
Misconduct  causing  injury  or  disease,  bar 

to,  1483kk. 
National    Naval    Volunteers,    entitled    to, 

when,  1483ee. 
Naval  Reserves,  when  entitled  to,  1483ee. 
OflUcers.      See    this    title.    Commissioned 

officer;  Warrant  officer. 
Parent  defined,  1483w. 


MILITARY     AND     NAVAL     COMPENSA- 
TION—Continued. 

Partial   disability.      See   this   title,   Disa- 
bility. 

Payable  to  whom,  1483kk. 

Pensions    superseded    by    provisions    for, 
1483WWW. 

Permanent  injuries.     See  this  title,  Dis- 
ability. 

Persons  entitled  to,  1483kk. 

Punishment,    death    inflicted    as    lawful, 
1483nnn. 

Schedule    of    ratings,    earning    capacity. 
See  this  title,  Disability. 

Sister  defined  as  to.  1483x. 

Surgical    services,    etc.      See    this    title. 
Disability. 

Taxation,  exemption  from,  1483uuu. 

Time    limit    for    filing    claims,    1483ppp- 
1483ttt. 

Total    disability.      See    this    title,    Disa- 
bility. 

Trusses.     See  this  title.  Disability. 

Warrant  officer  defined  as  to,  1483y. 
MILITARY  AND  NAVAL  INSURANCE : 

See  also  Bureau  of  War-Risk  Insurance. 

Actions   on   claims  under  insurance   con- 
tracts, jurisdiction,  1483vvvv. 

Actuaries,      deputies,      assistants,      etc., 
1483f. 

Administration  expenses,  1483qqqq. 

Advisory    board,    establishment,    powers, 
duties,  and  compensation,  1483h. 

American  Experience  Table  of  Mortality, 
premium  rates  based  on,  1483rrrr. 

Amount,       maximum       and       minimum, 
14S3CCCC. 

Annual    estimate    of    appropriation    for, 
1483m. 

Application   of  civil-service  rules  to  em- 
ployees, exceptions,  1483o. 

Application,  time  for  making,  1483dddd. 

Apportionment  of  payments,  1483gggg. 

Appropriation  for,  1483yyyy,  1483zzzz. 

Appropriation  for  expenses,  1483n. 

Army   Nurse   Corps,   female,   entitled   to, 
1483CCCC. 

Assignment,  not  subject  to,  1483ilii. 

Attorneys.     See  this  title.  Claim  agents. 

Attorney's  fees,  judgment  of  court  to  in- 
clude,   1483WWWW. 

Beneficiaries,     cash    payment    to    estate 
where  do  not  survive,  1483pppp. 

Beneficiaries,  change  of,  1483nnnn, 

Beneficiaries,    payment    where    none    is 
named,  1483oooo. 

Brother  defined  as  to,  1483x. 

Calculations  based  upon  American  Expe- 
rience Table  of  Mortality,  1483mmmm. 

Cash  payment  to  estate  where  beneficiary 
does  not  survive,  1483oooo. 

Cash  value,  provision  for,  14831111. 

Change  of  beneficiaries,  1483nnnn. 

Child  defined,  1483t. 

Child,  payment  to,  1483ffff,  1483gggg. 

Claim   agents   and   attorneys,   compensa- 
tion,  14831. 


688 


MILITARY    LAWS   OF    THE    UNITED    STATES,   1915. 


MILITARY   AND   NAVAL    INSURANCE— 
Continued. 
Claims.     See  this  title,  Courts. 
Coast   Guards,   when   entitled  to,   1483ee. 
Commissioned  officer  defined  as  to,  1483y. 
Commissioner  of,  defined,  1483bb. 
Commissioner  of,  salary,  1483b. 
Commissioner,  power  to  administer  oaths, 

subpoena  witnesses,  etc.,  14831. 
Contempt.    See  this  title,  Di80l>edience  of 

suipoenas,  etc. 
Continuous    installments,    provision    for, 

14831111. 
Courts,    judgment    to    include   attorney's 

fees,   12483WWWW. 
Courts,    jurisdiction    over    claims    under 

insurance  contracts,  1483vvvv. 
Creditors,     not     subject     to     claims    of, 

1483iiii. 
Death,   persons   deemed   to   have  applied 

for  certain  amount,  1483eeee. 
Deputies,      assistants,      actuaries,      etc., 

1483f. 
Deputy   commissioners,  power  to  admin- 
ister   oaths,    subpoena    witnesses,    etc., 
1483i. 
Disability   cost   due   to   hazards   of   war, 

1483qqqq. 
Disability,    permanent,    persons    deemed 
to    have    applied    for    certain    amount, 
1483eeee. 
Disease.     See  this  title.  Injury. 
Disobedience  of  subpoenas,  etc.,  contempt, 

14831c. 
Division  of,  created,  1483b. 
Employees,  fees,  allowances  and  salaries, 

1483p. 
Enlisted  man  defined  as  to,  1483z. 
Enlistment  defined  as  to,  1483aa. 
E.xamination.    See  this  title.  Disability. 
E.xcess   disability   cost,    hazards   of   war, 

1483qqqq. 
Excess   mortality    cost,   hazards   of   war, 

1483qqqq. 
Extended  value,  provision  for,  14831111. 
False   statement   to   claims,    punishment, 

148311. 
Fees  or  charges,  unlawful,  1843xxxx. 
Form  of  insurance,  1843ssss-1483uuuu. 
Grandchild  defined  as  to,  1483u. 
Hazards    of    war,    excess    mortality    and 

disability  cost,  1483qqqq. 
Information  to  persons  in  service  as   to 

insurance  contracts,  etc.,  1483gg. 
Injury   defined  to  include  disease  as  to, 

1483CC. 
Insurance  contract,  publication  of  terms 

of,  1483hhhh. 
Jurisdiction  over  claims  under  insurance 

contracts,   1483vvvv. 
Judgment.     See  this  title,  Courts. 
Loan  value,  provision  for,  14831111. 
Idan  defined  as  to,  1483z. 
Maturity  provision  for,  14831111. 
Military   or   naval   forces   defined   as   to, 

1483ee. 
Minors,  payments  to,   1483ff. 


MILITARY    AND    NAVAL    INSURANCE — 

Continued. 
Marriage — 

Evidence  as  to  claimants,  1483q. 
Legal,    according   to   law   of   domicile, 
1483r. 
Mortality,   cost   due   to   hazards   of   war, 
1483qqqq. 

National    Naval   Volunteers,   entitled   to, 
when,  1483ee. 

Naval  Reserves,  when  entitled  to,  1483e«. 

Navy    Nurse   Corps,    female,    entitled   to, 
1483cccc. 

Oflicers.     See  this  title.  Commissioned  of- 
ficer. Wan-ant  officer. 

Paid-up  value  provision  for,  14831111. 

Parent  defined,  1483w. 

Payable  to   whom,   1483jjjj. 

Payment  in  installments,  1483kkkk. 

Payment    to    widow,    child,    or    widowed 
mother,  1483ffff,  1483gggg. 

Payment  where  no  beneficiary  is  named, 
1483O0O0. 

Persons  deemed  to  have  applied  for  cer- 
tain amount,  1483eeee. 

Persons  entitled  to,  1483cccc. 

Premium  rates,  1483rrrr. 

Premiums  credited  to  appropriation  for, 
1483yyyy,  1483zzzz. 

Premiums,  time  and  method  of  payment, 
1483UUUU. 

Procedure   of   division,    rules   respecting, 
1483e. 

Proofs  and  evidence,  etc.,  1483e. 

Punishment    for    violation    of   provisions 
relative  to,  1483aaaaa. 

Record  of  insurance  held  by  oflBcers  and 
enlisted   men,   1483hh. 

Regulations    governing    conversion    from 
term  insurance,  1483uuuu. 

Regulations  made  by  director,  1483e. 

Sister  defined  as  to,   1483x. 

Service  of  surgeons  of  Army  and  Navy, 
1483g. 

Subpoenas,     disobedience     of,     etc.,     con- 
tempt,  1483k. 

Term    insurance,    conversion    into    otiier 
forms,  1483tttt,  1483uuuu. 

Term     insurance     for     period     of     war, 
1483ssss-1483uuuu. 

Terms    of    insurance    contracts,    publica- 
tion  of,    1483hhhh. 

Time      for      making      application      for, 
1483dddd. 

Total     payments     not     to     exceed     240 
monthly  installments.  1483gggg. 

War.      See  this  title,  Hazards  of  tear. 

Warrant  officer  defined  as  to,  1483y. 

Widow,  payment  to,  1483ffff,  1483gggg. 

Widowed   mother,   payment   to,    1483ffff. 
1483gggg. 

Witnesses,  fees  and  mileage,  14831. 

MILITARY  ATTACHES: 

See  also  Observers. 

Detail  of  retired  officers  as,  673. 

Mileage,   etc.,  to  which  entitled,   958. 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


689 


MILITARY  AVIATORS.    See  Signal  Corps; 

Aviation  Section. 
MILITARY  CABLE  LINES: 

Destruction,  Injury,  etc.,  penalty,  900. 
MILITARY    CAMPS: 

Sale  of  alcoholic  liquors  at,  1295b. 
Suppression    of  houses   of   ill-fame  near, 
1295e,   1295f. 
MILITARY   CANTONMENT.      See   Canton- 
ment. 
MILITARY  COMMISSIONS  : 

Jurisdiction  of,  not  limited  by  Espionage 

Act,  1317Ji. 
Personnel,  1385. 
MILITARY   CONVICTS.      See  Military 

prison, 
MILITARY   DUTY.      See   Military   service. 
MILITARY  ESTABLISHMENT  : 

See  also  Army;  Militia;  National  Army; 

Volunteer  forces. 
Annual    report    to    Congress   of   expendi- 
tures under  act  for,  44g. 
Audit  of  Accounts — 

Abroad,  additional  duties  of  employees, 

205r. 
Abroad,    date    of    termination    of    war 

with  Germany  as  to,  205w. 
Abroad,   termination  of,  after  close  of 

war,  205u. 
Agents,  accountants,  etc.,  number  and 

compensation,   205h. 
Appropriation     for     expenses     abroad, 

205p. 
Assistant  auditor,  compensation,  205g. 
Assistant  auditor,  powers,  205i. 
Assistant     comptroller,     compensation, 

2051. 
Assistant  comptroller,  powers,  2051. 
Authority     to     administer     oaths     to 

American  citizens,  205s. 
Balances,   certification  and   conclusive- 
ness of,  205c. 
Balances,   payment   by   disbursing   offi- 
cers abroad,  205d. 
Classified  Civil  Service,  application  to 
employees  residing  in   foreign   coun- 
tries, 205j. 
Detail    of   employees   for   duty   outside 

of  District  of  Columbia,  205o. 
Examination   of   books   by    representa- 
tives   of    auditor    and     comptroller, 
205k. 
Filing  contracts  when   settled  abroad, 

205m. 
Limit  on  compensation  of  officers,  em- 
ployees, etc.,  abroad,  205v. 
Manner  of  performing  duties,  205b. 
Oath  of  office  of  employees  residing  in 

foreign  country,  205j. 
Place  other  than  seat  of  Government, 

205a. 
Performance     of     duties     in      foreign 

countries,   205c. 
Preservation     of    vouchers    and     files, 

205f. 
Reopening,  etc.,  settlement  within  one 
year  after  close  of  war,  205e. 


MILITARY    ESTABLISHMENT— Cont'd. 
Audit  of  Accounts — Continued. 

Restoration    of    employees    to    former 

positions,  205n. 
Sale     of    army     stores     to     employees 

abroad,  205t. 
Settled   abroad,    administrative   exami- 
nation, 2051. 
Special   disbursing  agents  of  accounts 

for,  205q. 
Subsistence    of    employees    residing    in 

foreign   country,   205j. 
Traveling  expenses,  employees  residing 
in  foreign  countries,  205j. 
Certain      appropriations      available      for 

1917  and  -1918,  44e. 
Certain  appropriations  available   for   ob- 
ligations incurred  prior  to  passage  of 
act,  44f. 
Permanent,  to  consist  of  Regular  Army, 
330. 
MILITARY   EXPEDITIONS  : 

in   Violation   of  neutrality,   1471,   1471a, 
1472. 
MILITARY   FORCE.      See  Employment   of 

military   force. 
MILITARY   FORT: 

Sale  of  alcoholic  liquors  at,  1295b. 
Suppression   of  houses  of  ill  fame  near, 
1295e,    1295f. 
MILITARY   HEADQUARTERS: 

Clerks  at,  known  as  field  clerks,  362c. 
Clerks  at,  restriction  on  detail,  31,  362b, 

362d. 
Employees'  pay,  etc.,  362,  362a,  362b. 
Establishment  of,   364. 
Field  clerks  subject  to  Articles  of  War, 
362c. 
MILITARY    HYGIENE: 

Professor  of,  at  Military  Academy,  1123, 
1124. 
MILITARY  INFORMATION: 

Expenses   of   officers   detailed   to    obtain, 
673. 
MILITARY  INFORMATION   SECTION: 
Expenses  of  observers  paid  from  appro- 
priation for,   673a. 
MILITARY  INSTRUCTION  : 

at   a  particular   school,   see   the   spcciflo 

title. 
Details    of    officers   as   instructors.      See 
Details. 
MILITARY     LAWS     OF     THE      UNITED 
STATES : 
Revision  and  codification,  471a,  471l>. 
MILITARY    MAPS.      See   Military   surreys 

and   maps. 
MILITARY     ORDER     OF     THE     LOYAL 
LEGION  : 
Unauthorized  wearing  of  badge,  penalty, 
1025. 
MILITARY  OR  NAVAli  FORCES  : 

Dcfin'd    as    to    allotments,    allowances, 
compensation,  etc.,  1483ee. 
MILITARY  PARKS.    See  National  military 

parks. 
MILITARY  PASS.     See  Pass. 


54208''— 18- 


A4 


690 


MILITABY   LAWS   OF   THE   UNITED  STATES,  1915. 


MILITARY  PERMIT.    See  Pass. 
MILITARY   POSTS: 

See  also  Military  reservations. 

Appropriations,  expenditures  restricted, 
803. 

Bakeries,  purchase  of  equipment,  1237. 

Barracks.     See  Barracks. 

Chaplains.     See   Chaplains. 

Command,   retired  officers,   973a. 

Commissary  sergeants.  See  Gommissary 
sergeants. 

Contracts  for  repairs,  etc.,  after  adver- 
tisiag,   546. 

Epidemic  and  contagious  diseases,  778. 

Esta1)lishment,  Congress  must  authorize, 
1289. 

Exchanges.     See  Post  exchanges. 

Gardens,  public  moneys  not  expended 
upon.   518. 

House  of  ill  fame  near,  suppressing  of, 
1295e,   1295f. 

Limit  of  expenditures  on,  without  a;- 
proval,  546a. 

Ordnance  sergeant  to  be  at  each,  819. 

Post  ofcces,  '1294a. 

Quartermaster  sergeants.  See  Quarter- 
master sergeants. 

Quarters.     See  Quarters,  Army. 

Red  Cross,  storage  of  supplies,  1279b. 

Report  as  to  permanent,  1289a. 

Sale  of  alcoholic  liquors  at,  12:)5b. 

Sale  of  intoxicating  liquors  at,  forbid- 
den, 1295. 

Schools,  purchase  of  equipment  for,  1237. 

Suppression  of  houses  of  ill  fame  nea., 
1295e,    1295f. 

Use  of,  for  Indian  education,  942b. 

Y.  M.  C.  A.  btiildin<r.«?,  erection.   ]:J7i)a. 
MILITARY    PRISONS: 

(Sees.  1344  to  1361,  R.  S.,  Inclusive,  re- 
lating to  the  military  prison,  were  re- 
pealed by  the  act  of  Mar.  4,  1915. 
See  Disciplinary  barracks.) 

Accounts — 

Annual  inspection,  479  (repealed). 

Branch  Prisons — 

Authorization,  476   (superseded). 

Changed  to  disciplinary  barracks,  475a, 
475b. 

Commandant — 

iJond  of,   482    (repealed). 

Powers  and  duties,   481    (superseded). 

Record   of  good   conduct  kept  by,   488 

(superseded). 
Report   cases   of  solitary   confinement, 
491    (repealed). 

Companies — 

Organization,   1104. 

Control — 

Vested  in   Commissioners   of   Soldiers' 
Home,  477    (repealed). 

Convicts.     See  this  title,  Prisonert. 

Detach  MBNT — 
Composition,    704. 
Pay  of  enlisted  men,  704. 

Enlisted  men.  See  this  title,  'Detach- 
ment. 


MILITARY  PRISONS — Continued. 
Escape — 

Officer   suffering   prisoner   to,   penalty, 

484  (repealed). 

Soldier  suffering  prisoner  to,  penalty, 

485  (repealed). 
Establishment — 

at    Fort    Leavenworth,    475     (super- 
seded), 
at  Rock  Island,  474   (superseded). 
Government.     See  this  title,  Control, 
Inspection — 

of  Accounts,  479  (repealed). 
Annual,  by  Secretary  of  War,  478  (re- 
pealed). 
Officers — 

Composition,  480   (superseded). 
Detailed    by    Secretary    of    Wa       480 

(superseded). 
Not  to  be  interested  ia  contracts,  483 
(repealed). 
Prisoners — 

Discharged,     clothing    furnished,     494 

(repealed). 
Employment,    disposition    of    proceeds, 

486  (repealed). 

Escape.     See  this  title,  Escape. 
Food,    bedding,    baths,    etc.,    490    (re- 
pealed). 
Manufacture  of  military  supplies,  487. 
Privileges   as    to    books,    visitors,    etc., 

489   (repealed). 
Record  of  good  conduct  kept,  488   (su- 
perseded). 
Remission  of  portion  of  sentence,  488 

(superseded). 
Restoration  to  duty,  488  (superseded). 
Solitary    confinement    authorized,    491 

(repealed). 
Subject   to   Articles  of  War,  493    (re- 
pealed). 
Subject  to  Articles  of  War  T^hile  serv- 
ing sentence  imposed  by  courts-mar- 
tial, 2  A.  W. 
Whipping,    branding,    etc.,    prohibited, 
492    (repealed). 
Repealing  provision,  475a,  475b. 
MILITARY  PUBLICATIONS  : 

Purchase  of,  for  militia,  1354. 
MILITARY  RECORDS: 
of  Indian  wars,  441. 
of  Revolutionary  War,  440,  442. 
of  War  of  1812,  440. 
MILITARY  RESERVATIONS  : 

See   also   Aviation    fields;   Aviation   sta- 
tions; Military  posts  ;  Proving  grounds  ; 
Reservations. 
Arson   on,  penalty,  1316. 
Excepted    from    laws    relating    to    town 

sites,  1269. 
Exclusive    jurisdiction     vested    in     Con- 
gress,   1280. 
in  Hawaii,  leasing  ^f  lands  for,  author- 
ized, 1292. 
Injury  to  defense  systems,  penalty,  1315. 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915. 


691 


MILITARY    RESERVATIONS — Continued. 
Lands  for  cantonments,  camp  sites,  etc., 

547c. 
Laws    of    States    adopted    for    punishing 

wrongful  acts  on,  1316b. 
Leases  of  lands  within,  authorized,  1281. 
Red  Cross,  storage  of  supplies,  1279b. 
Roads,  etc.,  across,  when  permitted,  1284. 
Unlawful  eatry  upon,  penalty,  1317. 
Y.  M.  C.  A,  buildings,  erection  on,  1279a, 
MILITARY   SCHOOLS: 

for  a  particular  school,  see  the  specific 

title. 
Militia  officers  attending,  1334. 
MILITARY  SECRETARIES: 

to  General  Staff  officers,  prohibited,  369. 
MILITARY        SECRETARY'S        DEPART- 
MENT : 
See  also  Adjutant  General's  Department  ; 

Record  and  Pension  Office. 
Changed    to   Adjutant   (Jeneral's   Depart- 

memt,  436. 
Compositi©n,  434. 
Creation,  434. 
Proraotioas  in,  434. 
MILITARY   SERVICE: 

Age  limit  of  citizens  liable  to,  327,  1322a. 
Age   limit   for  draft,   1638. 
Homesteaders    allowed    credit    for,    1272, 

1272a. 
Voluntary  enlistment,  age  limit.  1661. 
Voluntary  service  by  members  of  Officers' 
Reserve     Corps     in     connection    with, 
ir)44b. 
MILITARY  SOCIETIES  : 
Badges  of.     See  Badges. 
Uniform,   entitled  to  wear,   lOlOb-lOlOd. 
MILITARY  STATIONS: 

Sale  of  alcoholic  liquors  at,  1295b. 
Suppression   of  houses  of  ill   fame   near, 
1295e,  1295f. 
MILITARY  STOREKEEPER: 
See  also  Storekeeper. 
Grade  revived,  513a. 
at  White  House,  retained,  513. 
MILITARY      SUPPLIES.        See     Supplies, 

Army. 
MILITARY  SURVEYS  AND  MAPS  : 

Assistance    of   Coast    and    Geodetic    Sur- 
vey in   making,   808b. 
Assistance  of  Geological  Survey  in  mak- 
ing, 808b. 
MILITARY  TACTICS  : 

Details  as  instructors  of.     See  Details. 
MILITARY  TELEGRAPH  CORPS: 

Certificates  of  service  in,  458. 
MILITARY      TELEGRAPH      LINES.      See 

Telegraph   lines. 
MILITARY  TELEPHONE  LINES: 

Destruction,  injury,  etc.,  penalty,  900. 
MILITARY  TRAINING: 

Civilians.      See  Citizens'  Training  Gamps; 
Reserve  Officers'  Training  Gorps;  Tar- 
get Ranges. 
Vocational      training     in      addition     to, 
1203a-12931. 


MILITARY  TRAINS: 

MILITARY      TRAINING      CAMPS.         See 
Training   Gamps. 

of  Volunteer  forces,  establishment,  1385. 
MILITARY      TRIBUNALS.       See      Gourts- 

martial. 
MILITIA : 

See  also  National  Guard  and  Volunteer 

Army. 
Age  limits,  1322a. 
Ammunition — 

See  also,  this  title.  Arms  and  accouter- 

ments. 
Exchange  of  old  for  new,  1361. 
Issues     to    Territorial     Militia,     1380, 

1381. 
for  Small  arms,  etc.,  issue  4o,  1362. 
for      Target     practice     furnished     by 
United  States,   1360. 
Ancient    organizations    to    retain    privi- 
leges, 1327,  1327a-1327c,  1553d. 
Apportionment,  1341. 
Appropriations — 

See  also  Appropriations. 
Allotments,  purposes  for  which  avail- 
able, 1355. 
Apportionment,  basis  of,  1353. 
for   Arms.      See   this   title,    Arms    and 

accouterments. 
Disbursement    of    encampmen.t    funds, 

1329. 
Payments  for  mileage  from,  628. 
Purchase  of  publications  from,  1354. 
Use  for  purchase  of  supplies,  1354. 
Arms  and  Accouterments — 

Accountability    for    lost    or    destroyed, 

1359. 
Accounted  for  annually,  1358,  1361. 
Appropriation   for   exchange   of,    1363. 
Automatic  pistols  distributed  to,  1370, 
Distribution  to  Territories,  1380,  1381. 
Expenditures     reported     annually     to 

Congress,    1336. 
Field     Artillery     material     issued     to, 

1364. 
Furnished  by  Secretary  of  War,  1361. 
Lost,  examination  as  to  responsibility, 

1359. 
Purchased    for    cash,    not    exchanged, 

1369. 
Small  arms,  new  type,  issued,  1365. 
Title  in  United  States,  1358,  1361. 
Army  officers  detailed  for  duty  with,  957, 

958,   1332,   1333. 
Articles  of  War — 

When  subject  to,  1342,  2  A.  W. 
Artillery — 

Coast,  withdrawal  of  fire-control  equip- 
ment,  1366. 
Battalions — 

Inspection    of   small-arms   practice   in, 
1357. 
Batteries — 

Horses    for    field,    number    and    care, 

1364a. 
Peace  strength  of  men.  President  may 
fix,  1326. 


692 


MILITAEY    LAWS   OF    THE    UNITED    STATES,   1915. 


MILITIA— Continued. 

BOARD  OP  Militia  Officeus — 

Abolished,    1337a. 

Consultation    witli    Secretary    of   War, 
1337,    1338. 

Expenses,    1338. 
Brigades — 

Composition  in  time  of  war,  357,  35ea. 

Inspector    of    small-arms    practice    in, 
1357. 
Bureau  op  War  Depaetmbnt — 

Division   changed  to,  1337a. 
Clothing — 

See  also  Clothing,  Army. 

Allowance  fixed  by   Secretary  of   War, 
1362. 

Annual     expenditures     for,     reported, 
1336. 
Companies — 

Composition,  1322,   1322a. 

in  Peace,  President  may  fix  number  of 

men,  1326. 

Continuous      service      pay      of      enlisted 

men  of  army  who  had  commissioned 

service  in,  1043d.  ' 

Corps — 

Army,  composition,  etc.,  357,  356a. 

Engineer    Corps,    number    of    men    in 
peace,   1326. 

Hospital    Corps,    number    of    men    in 
peace,  1826. 

Independent  corps  to  retain  privileges, 
1327. 

Signal  Corps,  number  of  men  in  peacfs. 
1326. 
Courts-Mabtial — 

See   also   National   Guard,   Courts-mar- 
tial. 

Composition,     militia    officers    in    ma- 
jority,  1343. 

Failure  to  appear  for  muster,  trial  by, 
1346. 
District  of  Columbia — 

Army    ofllcer    adjutant    general,    1373. 
1374. 

Commanding      general,      appointment, 
rank,    1372. 

Encampments.     See  this  title,  Encamp- 
ments. 

Included  in  term  "  State  or  Territory," 
1321. 

Lease  of  armory,  etc.,  1372a. 

President  commander  in  chief,  1371. 

Retired   officer   may   be   detailed   adju- 
tant general,  959. 

Right  of  way  during  parades,  1466. 

Use  of  Washington  Barracks,  1379. 
Division  op  War   Department — 

Changed  to  bureau,  1337a. 
Divisions — 

Composition  in  time  of  war,  357,  356a. 

Inspector    of    small-arms    practice    in, 
1357. 
Duties — • 

See  also,  this  title,  Service. 

to  Serve  upon  call  of  President,  1344. 

Within  or  without  United  States,  1344. 


MILITIA— Continued. 
Encampments — 

See  also  National  Guard,  training. 
Joint   allotments  may   be   advanced   to 

States,   1328. 
Joint,    commanding  during,   1328. 
Joint,    date    of    payment    and    period. 

1330. 
Joint,  disbursement  of  funds  for,  1329. 
Joint,   expenses  reported   to   Congress, 

1329. 
Pay   for   period   of  service  on   muster, 

1330. 
Practice  marches  required,  1331. 
with   Regular  Army,  129G-1298. 
Enlisted    men,    detailed    for    duty    with, 

1332. 
Enrollment — 

of  Eligible  male  citizens,  1322. 
Exemptions  from  militia  duty,  1823,  1324, 

1323a. 
Field  Artillery — 

Horses  for,  limit  on,  1364a. 
Issue  of  horses  to,  1364b,  1364c. 
of  Hawaii.     See  Hawaii. 
Horses —  * 

for  Field  Artillery,   number  and   care, 

1364a. 
Issue   of   condemned   Army   horses   to, 

1364c. 
Purchase  and  issue  to,  1364b. 
Inspections. 

Detail   of  Army   oflacers  as   inspectors, 

1333. 
States,    etc.,    to    provide    for    annual, 
1331. 
Instruction — 

Detail  of  Army  officers  as  instructors. 
1333. 
Maneuvers.     See  this  title,  Encampments. 
Mileage — 

Payments  for,   from   militia  appropria- 
tions,  628. 
Muster — 

See  also  this  title,  Service. 
Failure  to  appear  for,  penalty,  1346. 
without  Further  enlistment,   1346. 
Rolls  during  actual  service  to  Adjutant 
General,  1390. 
Naval.     See  Naval  Militia. 
Officers — 

Attending  military  schools,  allowances, 

13.34. 
Disbursing  officer,  accounts,  bond,  1356. 
Disl)ursing   ration    fund,    bond    not    re- 
quired,   1350. 
Former,    appointment    In    Officers'    Re- 
serve Corps,  1533a. 
Inspectors      of      small-arms      practice, 

1357. 
of   Territorial,   appointed  by   governor, 

1378. 
of  Territorial,   how  elected,   1377. 
Organization — 

Same  as   in  Regular  Army,   1325. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


693 


MILITIA — Contmued. 
Pay — 

Actual    service,    same    as    Army,    636, 

1347. 
Commencement  of,  1347. 
Commences  at  date  of  reporting,  1349. 
During  camp  ©r  field  service,  1356. 
During  captivity  by  enemy,  720. 
During    encampment.     See    this    title. 
Encampments. 
Pensions.      See   Pensions. 
Practice    marches.      See    this    title,    En- 
campments. 

IlATIONS — 

Commutation,    to    competitors    in    rifle 

matches,  611a. 
Officers    given  .funds    for,    not   to   give 
bond,  1350. 
Rkciments — 

Inspector    of    small-arms    practice    in, 
1357. 
Reservk  Mimtia — 
Composition,  1322. 
Creation,  1322. 
Returns — 

During    actual     service,     to     Adjutant 

General,  1390. 
to    President,    by    State   adjutant    gen- 
oral,  1335. 
of   Strength,   annually  to   Secretary   of 
War,  1335. 
Sr-RviCE — 

See  also  this  title,  Duties. 
Apportionment  among  States,  1341. 
Call    to    active    service,    by    President, 

1339.  1340. 
Called  in  advance  of  volunteers,  1340. 
Congress  may   call   forth,   1415. 
Failure  to  obey  call,  penalty,  1346. 
During    insurrections,    1417-1419. 
Organized,   entitled   to  benefits   of   Na- 
tional Home  for  Disabled  Volunteer 
Soldiers.    1502b. 
Term   limited^   1344,   1.345. 
"  State  or  Territory  "  defined,  1321. 
to    Suppress    insurrection    In    another 
State,  1416. 
Supplies — 

Purchase    of    publications    authorized, 
1354. 
IN  Territories — 

See  also  throughout  this  title. 
Command  vested  in  governor,  1375. 
Distribution  of  arms,  etc.,   1380,   1381. 
General  officers,  how  elected,  1377. 
Officers,  appointed  by  governor,  1378. 
Troops — 

Peace  strength  of  men.  President  may 

fix,  1326. 
Unorganized.     See  Unorganized  Militia. 
Uses.     See  this  title.  Duties. 
.MILITIA  BUREAU: 

Assignment  of  National  Guard  officers  to, 

1337b. 
Cliief    member    of    General    Staff    Corps 

1337a. 
Chief,  pay  and  rank,   373a. 


MILITIA  BUREAU— Continued. 
Established,  1337a. 
Militia  division,  abolished,  1337a. 
Officers  part  of  Regular  Army,  331a. 
MINERAL  LANDS: 

of  United  States,  not  to  be  leased.   1279. 
MINES : 

See  also  Food  and  fuel  conservation. 
Commandeering  or  requisitioning  for  mil- 

.  itary  purposes.  1708-1713. 
Injuries  to,  penalty,  1315,  1315a,   1315b. 
MINING  : 

Fuel.      See   Food   and  fuel  conservation. 
License. 
MINING   CLAIMS: 

Filing  of  notice   of  muster  into   service, 

12721. 
Labor    on    mining   claims    of    persons    in 

military  service  not  affected,   12T2(;. 
Notice  by  civilian  claimant  of  desiie   to 

hold  claim,   1272n. 
Persons    in    military    service,    exemption 

from  assessment  work,  etc.,  1272J. 
Suspension   of  assessment  work  by   civil- 
ians during  1917-18,  1272m. 
MINORS : 

Enlistment  of.     See  Enlistment. 
Payments  of  allotments,  allowances,  etc., 

to,    ]483ff. 
Time  limit  for  filing  claim  for  death   or 
disability,  compensation,  1483sss. 
MINTS : 

Certain,    to    be    depositories    for    public 
funds,    181. 
MISSING   MEN: 

Family    allowances    of    enlisted    men    in 
case  of,  712k. 
MISSISSIPPI  RIVER: 

Improving,   exception   to   eight-hour   law, 

1227. 
Issue  of  forage,  officers  serving  east  of, 
557. 
MOBILE  ARMY  DIVISIONS  : 

Abolished,  370a. 
MOBILIZATION      CAMP.        See      Military 

camp. 
MOBILIZATION  STATIONS  : 
Donations  of  land  for,  1274c. 
Reports  as  to  needs,  1274c. 
Sale  of  intoxicating  liquors  at,  1295b. 
Suppression   of  houses  of  ill  fame  near, 
1295e,   1295f. 
MONEY: 

See  also  Puhlic  moneys. 

in  Cargoes  for  export,  report  of,  14.39d. 

Enemy,    transmission    of    out    of    United 

States,   142on. 
Soldiers'    Home,    officers   not    to    borrow, 

151.3. 
Tiansferred  to  Alien  Property  Custodian, 
payment  into  Treasury,  1424y. 
MONTH.     See  Rules  for  computing  time. 
MONTHLY  REPORTS.     Of  a  particular  de- 
partment or  office,  see  the  speciflo  title. 
MONUMENTS : 

to  Soldiers,  sale  of  ordnance  for,  840.  849. 
MOTHER.     See  Widowed  mother. 


694 


MILITARY   LAWS  OF   THE   UNITED   STATES,   1915. 


MOTOR  AMBULANCES : 

Purchase  without  advertising,  1198a. 
Selection  of  types,  1198a. 
MOTOR-PROPELLED  VEHICLES  : 

Aviation  Section,  Signal  Corps,  purchase 

and  repair,  889pp. 
Exhange  in  part  pajment  for  new,  1261b, 
1261c. 
MOTOR  TRUCKS: 

Exchange  for  new,  1261a. 
MOUNTAIN  BATTERY.     See  Artillery. 
MOUNTED  OFFICERS  : 
See  also  Officcra,  Army. 
Ordered  beyond  seas,  purchase  of  horses 
from,  558. 
MOUNTED  SERVICE  SCHOOL : 
Depot  for  certain  recruits,  1186. 
Establiskment,  purpose,   1186. 
Theoretical  and  practical  instruction  at, 
1183. 
MOUNTS.     See  Horaea. 
MOURNING  : 

Public  buildings  not  to  be  draped  In,  122. 
MULES : 

See  also  Horaea. 

Purchase  of,  by  contract,  after  advertise- 
ment, 1235. 
Purchases,  limitation  upon,  537,  538. 
Sale  of,  not  required  for  Regular  Army, 

etc.,  538a. 
Transfer  of  Army  to  National  Guard  or- 
ganizations, 1364o. 
MUNICIPAL  CORPORATIONS  : 

Loans  or  gifts  of  condemned  ordnance  to, 
849. 
MUNICIPAL  EMPLOYEES: 

Rates  of  pay  compared  with  Government 
employees,  40g. 
MUNITIONS  PLANTS: 

Board  of  Mobilization,  1605. 
Commandeering  in  time  of  war,  1601. 
Compensation    for    use    in    time   of   war, 

1602. 
Government    manufacture    of    arms,    in- 
vestigation,  1606. 
Information  as  to,  1603,  1604. 
Listing,  1603,  1604. 
Nitrates.     See   Nitrate   plants. 
Orders  obligatory  in  time  of  war,  1601. 
Orders  to  have  precedence  in  time  of  war, 

1601. 
Possession  taken  of,  when,  1601. 
Purchases  from,  in  time  of  war,  1600. 
Rental  in  time  of  war,  1602. 
Requisitioning  in  time  of  war,  1601. 
Transforming  manufacturing  plants  into, 
plans,    1604. 
JIUSEUMS  : 

Permits  for  examination  of  ruins,  1286, 
1287. 
MUSICIANS: 
See  also  Banda. 
Pay,  695a. 
Rate  of  pay,  in  Army,  698. 


MUSTER   ROLLS: 

of  Militia.     See  Militia. 

Overdrawn  clothing  charged  soldiers  on, 

574. 
of  Volunteers.  "  See  Volunteer  Army. 
MUSTERING  OFFICERS: 

Administer  oaths  in  mustering  out  volun- 
teers,   1383i. 
MUSTERS  : 

of  Militia.     See  Militia. 
of  Volunteers.     See  Volunteer  Army. 
MUTINY  : 

Causing,    punishment    1317id. 
NAME  ; 

Certificates    of    discharge    in    true    name, 
1048. 
NARCOTICS. 

Study  of,  at  Military  Academy,  1161. 
NATIONAL  ADVISORY  COMMITTEE  FOR 
AERONAUTICS.     See    Aeronautica,    Ad- 
viaory  Committee  for. 
NATIONAL  ARMY  : 

See  also  Selective  aervice  act. 
Appointment — 

Staff    departments,    designated,     with 
certain  grades,  1532a. 
Ammunition  Battalions — 

Draft,  organize,  and  equip,  1636. 
Articles  of  W^ar,   forces   raised   by   draft 

subject  to,   1640. 
Artillery   P\rks — 

Draft,  organize,  and  equip,  1636. 
Bounties  for  military  service  prohibited, 

1643. 
Criminal     prosecutions     for     failure     to 

register,   precedence,    1655. 
Depot  Batteries  and  Battalion.s — 
Draft,  organize,  and  equip,  1636. 
Discharge    of    officers.       See    this     title 

Otficera. 
District  of  Columbia — 

Quota  from,  1639,  1645. 
Drakt — 

Age  limit  for,  1638. 

Appeals,  powers,  and  duties  of  district 

boards,  as  to,  1650,  1651. 
Bounties    and    substitutes,    prohibitt'd, 

1643. 
District    boards.      See    also    this    title 

Exemption. 
District  boards,   decisions  final,  excep- 
tions, 1651. 
District    boards,    regulations    for    or- 
ganization,  1653. 
District    boards,    regulations    for    pro- 
cedure,  1653. 
District   boards,    vacancies    on,    filling, 

1652. 
Duration      of     service     under,      1640, 

1640a,    1640b. 
Employees  under  Food  and  Fuel  Con- 
servation  Act  subject  to,   1737. 
Exemption.s — 

Appointment      of      district     boards, 

1649. 
Appointment  of  local   boards,   1647. 


MILITABY   LAWS   OF   THE   UNITED   STATES,   1915. 


695 


NATIONAL  ARMY— Continued. 
Draft — Continued. 

Classes  of  persons  who  may  claim, 

1644. 
Compensation  of  local  board,  1647. 
District    boards    decision    final,    ex- 
ceptions, 1651. 
District  boards  to  pass  upon,   1649. 
District    boards,     vacancies,     filling, 

1652. 
Duties  and  powers  of  local  boards, 

1648. 
.Jurisdiction  of  district  boards,  1649. 
I^ocal  boards  for  States,  etc.,  to  pass 

upon,  1646. 
Local      boards,      vacancies,      filling, 

1652. 
Persons  within  age  limit  to  remain 

subject  to,   1656. 
rowers    and    duties,    district   boards 

on  appeal,   1650. 
Powers  and   duties,   district  boards, 

original  cases,  1650. 
Powers    and    duties,     local    boards, 

1648. 
Qualifications,  district  boards,   1649. 
Qualifications,   local  boards,   1647. 
Regulations,  organization  of  district 

boards,  1653. 
Regulations,    organization    of    local 

beards,   1653. 
Regulations,    procedure    of    district 

boards,    1653. 
Regulations,      procedure      of      local 

boards,   1653. 
Religious  sects,  1644. 
Vice  President,  1644. 
Forces  raised  by,  subject  to  Articles  of 

War,    1640. 
Grouping  of  units  by  States,  etc.,  1662. 
Local  boards.      See  also  this  title  Ex- 
emptions. 
Local    boards,    regulations   for    organi- 
zation,  1653. 
Local  "boards,    regulations   for   proced- 
ure,  1653. 
Local     boards,     vacancies     on,     filling, 

1652. 
Organize    and    equip    ammunition    bat- 
talions,  1636. 
Organize    and    equip    artillery    parks, 

1636. 
Organize  and  equip  forces,  1630, 1634. 
Orffaaize    and    equip    recruit    training 

units,   1635. 
Organize,    equip,    and   train   additional 

forces,    1634. 
Organizations   composed   of   men   from 

same  State,  etc.,  1642. 
Penalty    envelopes,    use   in   connection 

with,  1659. 
Persons  exempt  from,  classes,  1644. 
Persons  subject  to,  1638. 
Proclamation  as  to  peace,   1640b. 
Quota    to   be    furnished    notwithstand- 
ing exemptions,  1645. 


NATIONAL   ARMY— Continued. 
Draft — Continued. 

Quotas,    credit    for    men    In    military 

service  on  certain  date,  1639. 
Quotas   from    States,   Territories,    etc., 

1639,  1645. 
Registration — 

Absentees,  temporary,  1657. 

Age  limit  for,  1654,  1656. 

Criminal     prosecutions    on     failure, 

precedence,  1655. 
Duty  to  register,  1654. 
Persons  remain  subject  to  draft  un- 
less exempted,  1656. 
Persons  subject  to,  1654,  1636. 
Punishment    for    failure   or   refusal, 

1654,  1655. 
Punishment   for   failure   to   perform 

required  duties,  1660. 
Punishment  for  false,  1660. 
Temporary  absentees,  1657. 
Utilize  services  of  departments  and 
officers   of   United    States,    States, 
etc.,  1657. 
Selective,    exclusively    for    forces    of, 

1637. 
Special  and  technical  troops,  voluntary 

enlistment   or,    1641. 
Termination   of   service   under,    1640a, 

1640b. 
Transportation  of  forces  to  home  sta- 
tion, 1640b. 
Duration    of    service    in,    1640,     1640a, 

1640b. 
Enlisted  Men — 

Pay,  allowances,  etc.,  same  as  Regular 
Army,   1668. 
Enlistment,  age  limit  ror  voluntary,  1661. 
Enlistment,  qualifications  and  conditions 

for  voluntary,   1661. 
Exemptions.     See  this  title  under  Draft, 
Forces,  subject  to  Articles  of  War,  1640. 
General  officers.     See  thit  title  Office's. 
Infantry  Divisions — 

Age  limit  for  enlistment  in,  1383c. 
Division  smallest  unit  to  be  accepted, 

1383d. 
Officers  for,  selectiom,  1383a,  1630. 
Organization     same     as     for     Regular 

Army,   1383b. 
Voluntary        enlistment,        limitation, 
1383a. 
Military  boards.     See  this  title  Officers. 
Officers — 

Appointment    for    training    additional 

drafted  forces,   1634. 
Appointment  from  tsame  State,  etc..  as 
their  organizations,  1642. 

Appointment,  period  of.     See  this  title 

Period  of  appointment. 
Appointment,  sources  from  which  may 

be   made,    1630. 
Appointment  with  rank  below  colonel, 

1032. 
Appointment  with  rank  of  colonel   or 

above,  1632. 


696 


MILITARY   LAWS    OF    THE    UNITED   STATES,   1915. 


NATIONAL   ARMY — Continued. 
Officers — Continued. 

Boards    to    pass    upon    qualifications, 
etc.      See  this   title  Military   hoards. 
Discharge  by  President,  1666. 
Efllclency,  etc.,  of.     See  this  title  Mil- 
itary hoards. 
General,     temporary    appointment    of, 

1663,  1664. 
General,    vacancies    in    Regular    Army 

caused  by,  1664. 
Military    boards,    approval    of    report, 

1667. 
Militai'y     boards,     rank     of    members, 

1667. 
Military  boards  to  report  on  capacity, 

conduct,  etc.,  of,  1666,  1667. 
Pay,    allowances,    etc.,   same   as   Regu- 
lar Army,  1668. 
Period  of  appointment,  1665. 
Qualifications,  etc.,  of.     See  this  title 

Military   hoards. 
Retired    enlisted    men    appointed    as, 

1630. 
Subject  to  Articles  of  War,  1640. 
Vacancies    caused    by    temporary    ap 
pointment  in  Signal"  Corps,  879g. 
Organizations    composed    of    men     from 

same    State,    etc.,    1642. 
Organization  same  as  for  Regular  Army, 

163L 
Pay,   allowances,  «tc.,   same   as   Regular 

Army,  1668. 
Proclamation  as  to  peace,  1640b. 
Quotas   to  be   furnished  by   States,   etc., 

1639,   1645. 
Rank — 

Staff  departments,  appointments  to  cer- 
tain, 1532a. 
Recruit    training   units,    draft,    organize, 

and  equip,  1635. 
Registration.     See  this  title  under  Draft. 
.  Religious  sects.     See  this  title.     Exemp- 
tions. 
Repealing  clause,  1669. 
Retired    enlisted    men,    appointment    as 

officers  of,  1680. 
Special  and  Technical  Troops — 

Voluntary  enlistment  or  draft  of,  1641. 
States — 

Quota  from,  1639,  1645. 
Strength,  authorized,  not  reduced  by  in- 
crease of   Signal  Corps,  8791. 
Substitute  for  military  service  prohibited, 

1643. 
Temporary     absentees,     registration     of, 

1657. 
Termination  of  services  in,  1640,  1640a, 
1640b. 

TKKiaTORIES 

Quota  from,  1639,  1645. 

Transportation  of  forces  to  home  sta- 
tions, 1640b. 

Trials,  civil,  criminal  prosecution  on 
failure  to  register,  precedence,  1655. 

Vice  President.  See  this  title  Exemp- 
tions. 


NATIONAL    ARMY— Continued. 

Volunteers.      See  this  title,   Enlifftmnit ; 
Infantry  divisions;  Special  and  iecltni- 
cal  troops. 
NATIONAL  BANKING  ASSOCIATIONS  : 

Designation     as     depositories    of    public 
funds,  182,  182a. 
NATIONAL  BANKS : 

Designated    as    depositories,     report    of, 
182a,  183. 
NATIONAL     BOARD     FOR     PROMOTION 
OF  RIFLE  PRACTICE  : 

Regulations  for  rifle  ranges,  1579. 
NATIONAL     CEMETERIES.      See     Ceme- 
teries. 
NATIONAL-DEFENSE  ACT  : 

Amendments  of.  See  the  particular  sub- 
ject. 

Effect  on  certain  organizations,  1100a. 

Effect  on  National  Guard  and  land 
forces,  only,  1322c,   1322d. 

National  Guard,  debarred  from  beneiits, 
when,  1351h. 

Repealing  clause,  3311. 
NATIONAL  DEFENSES  : 

Causing  insubordination,  disloyalty,  mu- 
tiny, etc.,  1317id. 

Conspiracy  to  violate  sections  2  and  ^, 
punishment,  13174e. 

Disloyalty,  causing,  punishment,  1317. id- 
General    courts-martial    jurisdiction     not 
limited  by  title,  1317Ji. 

Harboring  or  concealing  persons  violat- 
ing title,  punishment,  1317Jg. 

Information  collected  or  cu-umunicated 
in  time  of  war,  punishment,  131 7  J  c. 

Insubordination,  causing,  punishment, 
1317Jd. 

Making  false  reports  to  interfere  with 
military  forces  at  war,  1317id. 

Military  commission,  jurisdiction  not 
limited  by  title,  1317ii. 

Mutiny,   causing,   punishment,   13175 d. 

Obstructing  recruiting  or  reenlistnient, 
punishment,   13175d. 

Obtaining,  communicating,  etc.,  unlawful 
information  concerning,  penalty, 
1317^-13171. 

Places  subject  to  provisions  of  title, 
13175J. 

Penalty  for  unlawfully  obtaining  infor- 
mation as  to,  1317ia. 

Possession  or  control  of  property  or  pa- 
pers in  aid  of  foreign  government,  etc., 
131741. 

Preference  in  transportation  of  com- 
modities for,  525e,  525f. 

Prohibited  places,  designated  by  piocla- 
mation,  1317Jh. 

Punishment  for  communicating  informa- 
tion as  to  foreign  governments,  1317if. 

Repeal  of  national  defense  secrets  act, 
13174k. 


MILITARY   LAWS  OF   THE  UNITED   STATES,   1915. 


697 


NATIONAL  FORCES : 

See    also    Army;    Land   forces;    Military 
E8taJ)lishm€nt ;        Militia;        National 
Army;   Volunteer  Army. 
Composition,  327,  329a. 
NATIONAL  GUARD: 
See   also  Militia. 
Absence,       Government      employees      In, 

1331a,    1331b. 
Adjutants  General — 

District     of     Columbia,     appointment, 

1335b. 
Duties,   1335a. 

Territories,  appointment,  1335b. 
Age    limits,    1322b. 
Aids-db-Camp — 

Not  in   Federal  service,  pay,   1330d. 
Ancient  Privileges — 

Organizations  retaining,  assignment  to 

higher  units,  1327c. 
Retention,   1327a,  1553d. 
in  Time  of  War,  1327b. 
Appropriatioxs — 

Annual,  permanent,   1351a. 

Apportionment,   1351b. 

Arming,    equipping,   etc.,   to   constitute 

one  fund,  1355e. 
Arms,    military    supplies,    etc.,    1355b, 

1355c. 
Aviation  instruction,  1355d. 
Encampments,  maneuvers,  etc.,  1328d. 

1328dJ. 
Instruction    at    Army    service    schools, 

etc.,  1334cr  1334d. 
Instruction  camps,  1331g,  1331gi. 
Pay  contingent  on  staff  appointments, 

1330,    1330b. 
Pay    of   National    Guard   Reserve   for- 
bidden,   1325q. 
Property       and       disbursing      oflBcers, 

1351d-1351g. 
Unexpended   balances  allotted,  disposi- 
tion,   1355f. 
Uses,   1351c. 
Armament  to   be  same  as  Army,   1361a. 
Arms — 

Appropriation,    1355b,   1355c,    1355f. 
Ammunition,   field  artillery,  limitation 

on  purchase,  1364g,  1364h. 
Condemned       stores,       proceeds,       not 
charged  to  State  allotments,  1359d. 
Damaged,   disposition,   1359b. 
Field    artillery,     material,    accounting 

for,    13G4d-1364f. 
Field  artillery  material,  limitation  on 

purchase,  1364e,  1364f. 
Field  artillery,   reserve  supply,   1364g, 

1364h. 
Field  guns,  new,  types,  1365a. 
Infantry  equipment,  supplying  and  ex- 
changing,   13Glb-1361d. 
Infantry,    new,    issue   and   accounting, 

1361b,   1361c,   1361d. 
Loss    due    to    carelessoess,    payment, 

1359b. 
Loss,  prior  to  December  31,  1911,  re- 
lief from  liability,  1359e. 


NATIONAL   GUARD— Continued. 
Arms — Continued. 

Obsolete,   replacing,   1859a. 

Obsolete,    return    on    receipt    of    new, 
1361c. 

Ordnance,   cost   credited   to  appropria- 
tion,   13o8a. 

Purchase  for,  1358b,  1358c. 

Purchased   for  cash,   subject   to  requi- 
sition in  time  of  war,  1366a. 

Purchase   of   Army   stores,   1354b. 

Refusal  to  pay   for   lost  or  destroyed, 
penalty,  1359c. 

Same  as  Regular  Army,  1361a. 

Small  arms,  new  types,  1365a. 

Unserviceable,  disposal,  1359b. 
Army    Service    Schools,    instructions    at, 

1334c,    1334d. 
Brigades,    composition    in    time    of    war, 

357,    356a. 
Brigades,  organization,  13251. 
Cadets,   appointment   from   enlisted   men 

as,  1139b. 
Camps.     See  this  title.  Training. 
Canal  Zone,  organization,  1321a. 
Cavalry — 

Care  of  horses,   13641,   1364n. 

Horses,     issue     of     condemned     Army, 
1364J. 

Horses,  number  issued,   1364j,   1364m. 

Purchase   of  horses,   1364i-1364n. 

CHAPLAINS —  * 

Not  in  Federal  service,  pay  of,  1330d. 
Chiefs   of   staff,   division,   Army   officers, 

1325k. 
Coast  Artillery — 

Equipment  of  armories,  1367a. 
Composition,    1322b. 
Continuous   service   pay   of  enlisted  men 

of  Army  who  had  commissioned  serv- 
ice  in,    1043d. 
Corps,  composition,  in  time  of  war,  357, 

356a. 
Courts-Martial — 

Arrest,  issue  of  warrants  for,  1343g. 

Constitution,    authority,    etc.,    1343a- 
1343h. 

General,    1343b. 

Process,   execution,   1343h, 

Sentences   of   confinement,    1343c. 

Sentences  of  dismissal,  1343f. 

Special,    1343c. 

Summary,    1343d. 
Dependent  families.     See  this  title,  Sup- 
port  of   families. 
Details   to — 

as  Chiefs  of  staff,  divisions,  1325k. 

as    Instructors.       See    this    title,    In- 
strufitors. 

Disbandment  forbidden  witlfout  consent 
of   President,    1325n. 

Disbursing  officer.  See  this  title.  Prop- 
erty and  disbursing  officer. 

DISCHARGE — 

Dependent        family,       transportation 
home,    13496. 


698 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


NATIONAL   GUARD — Continued. 
DiscHAUGB — Continued. 

Dependents,   enlisted    men   on   account 

of,   1044b. 
by  Draft  into  Federal  service,  1339b, 

133»i. 
Enlisted  men  in  time  of  peace,  1344e. 
Enlisted      men,      on     termination     of 

emergency,  10311iJ. 
Officers     for    unfitness,     1344k,    1666, 

1667. 
Travel  allowance,  1045b. 
Discipline — 

Conform  to  system  for  Army,  1331c. 
Regulation   by   President,   1325v. 
District  of  Columbia — 

Lease  of  armory,  etc.,  for,  1372a. 
Divisions — 

Chiefs  of  Staff,  Army  Officers,  13251c. 

Composition  in  time  of  war,  356a,  357. 

Organization,   13251. 

Draft.     See  Federal  service,  under  draft. 

Draft,     organize,     and     officer,      1339p, 

1339q. 
Drills.     See  this  title,  Training. 
Encampments.     See  this  title,  Training; 

Militia. 
Enlisted  Men — 

Appoiatment  as  cadets,  1139b. 
Detail  for  care  of  horses,  13641,  1364n. 
Discharge.      See   this   title,   Discharge. 
Dischafge  of,  on  termination  of  emerg- 
ency, 1031hJ. 
Pay.     See  this  title,  Pay. 
Support    of    families.      See   this    title. 

Support  of  families. 
Training.     See  this  title,  Training. 
Enlistment — 

Active  service  during  entire,  1344b. 

Age  limits,   1322b. 

Contract,  Federal,   1344c. 

Oath.     See  this  title,   Oath. 

Payment    from,    to    date    of    muster, 

1349a. 
Period    of,    1344a. 
Reenlistment,  right  of,  1344c. 
Estimates,   1355a. 
Exf^mptions,    1323a. 

Fedrral  Service  as  National  Guard — • 
Government   employees,   restoration   to 

positions,  1339o. 
Inspectors      of      small-arms      practice, 

1357a. 
Organizations      with      ancient      privi- 
leges,   1327c. 
Physical      examination,       muster      In, 

1339f. 
Physical      examination,      muster      out, 

1339g. 
Subject  to  Articles  of  War,   1342a. 
Federal   Service,   Under   Draft — 

Appointment  of  officers,  1339c,  1339k- 

1339n. 
Authorized,  1339h. 
Become  part  of  Army,  1339b. 
Command,   precedence,   1339m. 
Discharge    from    militia,    1339b,    13391. 


NATIONAL    GUARD— Continued. 

Federal  Service,  Under  draft — Cont'd. 
Draft,     organize,     and     officer,     1339p, 

1339q. 
Entitled  to  benefits  of  National  Home 

for     Disabled     Volunteer     Soldiers, 

1502b. 
Maximum    strength,    voluntary    enlist- 
ment or  draft  to  maintain,  1637. 
Military  boards,  report  upon  capacity, 

conduct,  etc.,  of  officers,  1666,  1667. 
Organize  and  officer,  1339p. 
Organization,  1339k. 
Pay  and  allowances,  1339d. 
,    Pensions,  1339e,   1339j. 

Rank  of  officers  in,  1339m,  1339n. 
State  designation   of   organizations  to 

be  retained,  1339q. 
Subject  to  Articles  of  War,  1339b. 
Use  in  time  of  war,  1339a. 
Vacancies    In    grades    of   officers,    how 

filled,   1344J. 
Vacancies   made   by   Army   officers   ap- 
pointed in,  how  filled,  13391. 
Field   Artillery — 

Accounting  for  material,  1364d-1364f. 
Ammuniton,     reserve     supply,     1364g, 

1364h. 
Care  of  horses,  1364k,  13641,  1364n.    * 
Horses,    issue    of    condemned.    Army, 

1364J. 
Horses,  number  issued,  1364J,  1364n. 
Issues  of  material,  1358b,  1358c. 
New  type  of  field  gOns,  1365a. 
Purchase  of  horses,  13641-  1364n. 
Purchase  of  material,  limitation,  1364e, 

1364f. 
First  Corps  Cadets,  Massachusetts.     See 
this  title  under  Reserve  Officers'  Train- 
ing Corps. 
Government  employees  in,   leaves  of  ab- 
sence,  1331a,    1331b. 
Home   Guards — 

Arms  and  ammuniton  for,  1361e. 
Use  of  rifle  ranges  extended  to,  1361f. 
Horses — 

Care,  1364k,  13641,  1364n. 
Condemned,  Army,  issue,  1364j. 
Purchase,  13641,  1364m. 
Regulations  for  use,  1364ra. 
Transfer    Army,    to    organizations    of, 

13640. 
Infantry — 

Equipment,  supplying  and  exchanging, 

1361b-1361d. 
New  equipment,  1361b,  1361c,  1361d. 
Inspections — 

Annual,  by  Army  officers,  1356a,  1356b. 

Details  required,  1356a. 

Reports     basis     for    executive    action, 

1356b. 
Inspector-instructors.     See  this  title.  In- 
structors. 
Inspectors  of  Small-Arms  Practice — 

Federal  service,  pay  of,  1357a. 
Instruction.     See  this  title,  Training, 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915 


699 


NATIONAL  GUARD— Continued. 
Instructors — 

Additional   officers   for,   929a-929ti. 

Additional  sergeants  for,  1332a. 

Detail  from  Army,  1332b. 

at  Encampments,  1328c. 

Offices,    1333a. 

Temporary  promotions  in  Army  due  to 

details  as,  1332c-1332f. 
Traveling  expenses,  1333b. 
Vacaacies   in   staff   due   to   details   as, 
1332d. 
Joint  Maneuvers — 

Traasportation,  reduced  rates,  1328e. 
Location     of     units     and     headquarters, 

iri25m. 
Maneuvers.     See  this  title  Joint  maneu- 
vers. 
Mexican  Border  Service — 

Credit  to  homestead     s,  1272a. 
Militia  Bureau.     See  MiUtia  Bureau. 
Militia  Division,  War  Department,   abol- 
ished,  1337a. 
Mules — 

Army,    transfer    to    organizations    of, 
13640. 
National-defense  act,   applicable   to   land 

forces  only,   1322c. 
National  matches,  participation,  1331h. 
National  Militia  Board,  abolished,  1337q, 
Naval  Militia.     See  Naval  MiUtia. 
Noncommissioned  Officers — 

Additional     sergeants     for     detail     to, 

1332a.   ^ 
Detail   as   instructors   at    rifle   ranges, 
553c. 
Number — 

Annual  increase  required,  1325e. 
Congressional  representation,   1325e. 
Early     organfzation    of    maximum    al- 
lowed, 1325g. 
Naval  Militia  counted,  1322d. 
States  with  one  Representative,  1325f, 
132511. 
Oath — 

Enlisted  men,  form,  1344c. 
Enlisted  men,  required  to  take,  1344d. 
Officers,  form,  1344e. 
Officers,  required  to  take,  1344f. 
Officers — 

Appointment    of    Regular    officers    in, 

1332b. 
Appointment  to  Army,  331d. 
Appointment     when     drafted,     1339c, 

1339k-1339n. 
Assignment   to    Militia   Bureau,    1337b. 
Board     to     determine     fitness,     1344k, 

1666,   1667. 
Colonel,  etc.,  in  Federal  service,   rank 
in    Officers'    Reserve    Corps,    1536a, 
153Cb. 
Continuance    of    present    commissions, 

1344f. 
Detail    as   instructors   at   rifle   ranges, 

553c. 
Discharge  f«r  umfitness,  1334k. 


NATIONAL  GUARD— Continued. 
Officers — Continued. 

Drafted,  appointment  as  National 
Army  officers,  1630. 

Eligible  list,  1344h. 

Enlisted  men  discharged  from  Army  to 
accept  commission  as,  reenllstment, 
1043b-1043d. 

Examinations  required,  13441. 

Former,  appointment  in  Officers'  Re- 
serve Corps,  1533a. 

Medical  Corps,  promotion  of  first  lieu- 
tenants to  captains,  729d. 

Military  boards,  report  upon  conduct, 
capacity,   etc.,   of,   1666,   1667. 

Oath.     See  this  title,  Oath. 

Pay.     See  this  title,  Pay. 

Qualifications,  1344h. 

Retirement  of  enlisted  men  of  Army, 
credit  for  commissioned  service  in, 
1043d. 

Staff,  how  appointed,  13301,  1330m. 

Surplus,  attached  to  reserve,  13441. 

Training.     See  this  title.  Training. 

Transfer  to  reserve  on  own  applica- 
tion, 13441. 

Vacancies  caused  by  temporary  ap- 
pointment in  Signal  Corps,  879g. 

Vacancies  in  organizations  drafted,  fill- 
ing, 1344J. 
Organization — 

Ancient  privileges,  retention,  1327a- 
1327c,   1553d. 

Commanding  officers  of  completed 
units,  1325J. 

in  Higher  units,  13251. 

Part  of  Army,  when,  329a. 

Regulation  by  Presidect,  lii25a,  1325v. 

Staff  corps  and  departments  to  corre- 
spond to  Regular  Army,  13254a. 

in  Time  of  war,  356a,  357. 

of  Units,  1325a. 
Pay — 

at  Army  service  schools,  1334a-1334c, 
1334d. 

at  Army  service  schools,  officers,  lim- 
ited, 1334b. 

Caretakers  of  horses,  13641,  1364n. 

Disbursements. by  Quartermaster  Corps, 
1330J. 

In  Encampments,  1328a,  1328d,  1328d4, 
1330a. 

in  Federal  service,  1339d. 

In  Federal  service  from  enlistment, 
1349a. 

at  Instruction  camps,  1331f,  1331g. 

at  Maneuvers,  1328a,  1328d,  1330a. 

Not  in  Federal  servicb — 
Age,  maximum,  13301. 
Aids-de-camp,  1330d. 
Chaplains,  1330d. 
Enlisted  men,  drills  required,  1330f— 

13301. 
Enlisted  men,  duty  accepted  in  lieu 

of  drills^  13301. 
Enlisted  men,  parts  of  year^  1330h. 


700 


MILITARY   LAWS    OF    THE   UNITED   STATES,   1915. 


NATIONAL  GUARD— Continued. 

Not  in  Federal  service — Continued. 
Enlisted  men,   proportional   compen- 
sation, 1330g. 
Enlisted  men,  rate,  1330e. 
Must  be  on  active  list,  13301. 
Officers,  rate,  1330l>-1330d. 
Officers,  service  required,  1330c. 
Persons  not  entitled,  13301. 
Staff    officers,    appointment,     13301, 

1330m. 
Stafif  officers,   rate,   1330d. 
Stoppages,  1330k. 
at    Target    practice,    1328a,    1328d, 

1330a. 
Wlien  paid,  1330J. 
Tensions,  1339e,  1339J. 
President     to      prescribe     organizations, 

132r)a,  1325V. 
Printing  and  Binding — 

Procurement    by    contracts,    etc.,    dur- 
ing hostilities,  112b-112d. 
Pn  perty.     See  this  title,  Arms. 
Property    and    Disbursing    Officers — 
Duties,  1351d. 

Inspection  of  accounts,  1351f. 
Pay,  1351d. 
Regulations,  135lg. 
Travel  expenses,  1351e. 
Purchases     from     Army    supply     depart- 
ments, conditions,  1354a,  1354b,  1366a. 
Reserve.     See  National  Ouard  Reserve. 
Rifle  teams  in  national   matches,   1331h. 
Sale   of   horses   and    mules    not    required 

for,  538a. 
Schools — 

Army   service,   instructions  at,   1334a- 
1334d. 
Staff  Corps.     S-'^  this  title,  Organization 
Staff  Corps  and  Departments — 

Correspond  to  those  of  Regular  Army, 
1325a5. 
Staff    departments.      See    this    title,    Or- 

f/anization. 
States — 

Debarred  from  benefits,  when,  1351h. 
Designation   of  organization  to   be  re- 
tained after  draft,   1339q. 
Location  of  units,  1325m. 
Other   troops   forbidden,   1325b. 
Police     or      constabulary     authorized, 

1325d. 
Use  of  National  Guard,  1325c. 
Stations,       mobilization,       supply,       and 

training,   reports   on   needs,    1274c. 
Support  of  Families — 

Action    of     Secretary    of     War     final, 

1347b. 
Allotments.     See  Allotments  of  pay. 
Appropriation,  1347a,  1347e,  1347f. 
Discharge    on   account    of   dependents, 

1044b. 
Enlistments  after  call,   1347d. 
Family    allowances.      See    Family    al- 
lowances. 
family  defined,  1347c 


NATIONAL  GUARD— Continued. 
Support  of  Families — Continued. 
Marriage  restrictions,  etc.,   1347c. 
Time  limit  for  filing  applications   for, 
1347f. 
Target  Ranges — 

Appraisal  of  land  and  method  of  sale, 

1281b. 
Expenses    of    sale    and    disposition    of 

proceeds,   1281c. 
Sale  of  land  purchased  for,  1281a. 
Territories,   1321a. 
Training — 

See     also     Reserve     Officera'     Training 

Corps. 
at  Army  service  schools,  1334a,  1334c, 

1 334d. 
Aviation,  appropriation,   I355d. 
Drills,   minimum,  attendance,  I331e. 
Drills,  minimum  number,  1331d. 
Drills,  minimum  period,  1331e. 
Encampments — 

Allotment  for  expenses,  1328a. 
Appropriations,        1328d,        1328d4, 

1328f. 
Command  by  Army  officers,  1328b. 
Corps    with    ancient    privileges    as- 
signed    to     higher    units     during, 
1327c. 
Detail  of  instructors,  1328c. 
Regular   Army   participation,    i:'.28a. 
Transportation    rates,    carriers    may 

reduce,  1328e. 
When  Army  can  not  join,   1328f. 
Government    employees,    leaves   of    ab- 
sence,  1331a,   1331b. 
Instruction      camps,       1331f,       13:ng, 

1331gJ. 
at  Military  posts,  1334a. 
Transportation — 

Carriers     may    reduce    rates     for    en- 
campments,  1328e. 
Discharged,  dependent  family,  1349b. 
Rifle     teams,     to     national     matches, 
1331h, 
Uniform,    wearing    of    specified,     1010b, 

1010c. 
Use  by  States  and  Territories,  1325c. 
NATIONAL  GUARD  RESERVE : 
Composition,   1325o. 
Discharge     on     account     of     dependents, 

1044b. 
Draft     into     service    of    United     States, 

1339p. 
Furlough     of     enlisted     men     to,     1344a, 

1344b. 
Officer   and   organize,    drafted    into    Fed- 
eral   service,    1339p. 
Officers  placed  in,  on  application,  13441. 
Officers,  surplus,  attached  to,  13441. 
Organize   and   officer,    drafted    into    Fed- 
eral service,  1339p. 
Pay.  in  general,  1325q. 
Pay  while  in  training,  1325p. 
Reserve  Battalions— 
Composition,    1325r. 
Disabled  persons  attached,  1325u. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


701 


NATIONAL    GUARD    RESERVE— Cont'd. 
Reserve  Battalions — Continued. 
Drafts  to.  fill,   ]325t. 
OfRcers,  how  procured,   1325u. 
Organization  in  higher  units,  1325s. 
Transfers    to    organizations    in    field, 
1325U. 
NATIONAL  HOMES  FOR  I^ISABLED  VOL- 
UNTEER  SOLDIERS: 
See  also  Soldiers'  Home. 
Branches     which     can     be     discontinued, 

1502a. 
Insane  of,  disposition,  1526. 
Inspection    by    Inspector    General,    463, 

4G3J. 
Obsolete  cannon   may  be  furnished,    160, 
"  850. 

Persons  entitled  to  benefits,  1502b. 
Receipts   and    disbursements,    inspection, 
463. 
NATIONAL  MILITARY  PARKS  : 

See  also  Military  posts;  National  jaarks. 
Camps  for  military  instruction,  1297. 
Fields  for  joint  maneuvers,  1296. 
Regulations  for  maneuvers  upon,  1206. 
NATIONAL  MILITIA  BOARD: 

Abolished,  1337a. 
NATIONAL  MONUMENTS  : 

Landmarks,  etc.,  may  be  declared,   1285. 
NATIONAL  MUSEUM  : 

Transportation  of  property  for,  532. 
NATIONAL  NAVAL  VOLUNTEERS : 

Included    in    military    or    naval    forces, 
when,  1483ee. 
NATIONAL  PARKS : 

See  also  National  military  parks. 

Detail    of    troops    for    protection,    1300, 

1301. 
Rights  of  way  over,  revocation,  1282. 
NATIONAL    QUARANTINE.     See    Quaran- 
tine. 
NATIONAL  RIFLE  MATCH  : 

Rations  to  certain  competitors,  611a. 
NATIONAL  TROPHY: 
See  Trophy,  National. 
NATIVE  ORGANIZATIONS  : 

See  also    Philippine  Scouts;  Porto   Rico 

Regiment. 
Pay  of  enlisted  men,  limitation  upon,  338. 
Pay  of  provisional  officers,  338. 
NATURALIZATION : 
See  also  Citizenship. 

of   Alien    enemies   not   admitted    to    citi- 
zenship, 1064a. 
of    Aliens     honorably     discharged     from 

Army,   1064. 
of  Alien  seamen  on   United  States  mer- 
chant vessels,  1066. 
of  Aliens  honorably  discharged  from  Navy 
or  Marine  Corps,  1065. 
NAVAL  APPROPRIATION  ACTS  : 

Contracts  under,  eight-hour  law  to  gov- 
ern, 1228,  1230. 
NAVAL  DETACHMENTS: 

on   Shore  duty,   equipage,  rations,   304a, 
304b,   517,   590. 


NAVAL   FORCES: 

Property  captured  on  inland  waters.  1429, 
1430. 
NAVAL  MILITIA  : 

Counted  in  required  number  of  National 
Guard,  1322d. 

National  defense  act  not  applicable  to, 
1322c. 

Part  of  militia,  1322a. 

Uniform,  permitted  .to  wear,  1010b. 
NAVAL  RESERVE : 

Included    in    military    or    naval    forces, 
when,  1483ee. 
NAVIGABLE  V^ATERS  : 

Regulate  transportation  of  explosives 
over  prescribed  areas,   1315c,   1315d. 

Regulation  of  use,  injury  from  Coast  Ar- 
tillery target  practice,  1315c,  1315d. 
NAVY  : 

Deceased  officers  and  men,  accounts, 
1060. 

Detachments  on  shore  duty,  equipage, 
etc.,  517. 

Detachments  on  shore  duty,  rations, 
304a,  304b,  590. 

Detail  of  officers  to  inspect  transports, 
306. 

Enlisted  men,  transfer  to  Navy  from 
Army,   1036. 

Loan  of  sanitary  equipment  to  Red  Cross, 
775b,  775c. 

Medical  officers  and  enlisted  men  on 
shore  duty  subject  to  Articles  of  War, 
305a. 

Officers,  appointment  in  Corps  of  Engi- 
neers, 766a. 

Officers  may  purchase  ordnance  property, 
843. 

Officers,  purchase  of  subsistence,  588b. 

Officers,  relative  rank  with  Army,  352. 

Paymaster's  clerks,  630. 

Purchase  of  Army  stores  by  Navy  per- 
sonnel, 588. 

Purchase  of  Quartermaster  supplies  by 
officers  of,  588a. 

Sale  of  stores  to  Army  personnel,  588. 

Surgeons,    service   with   Bureau   of   War- 
Risk  Insurance,  1483g. 
NAVY  DEPARTMENT  : 

Cooperation  of,  in  standardizing  gauges, 
etc.,  1611a. 
NAVY  NURSE  CORPS : 

Entitled  to  insurance,  1483cccc. 

Female,   death   and   disability   compensa- 
tion, 1483XXX. 
NAVY   YARD: 

Entering  to  obtain  unlawful  information 
concerning,  penalty,  1317J-13172. 
NEGRO  TROOPS.     See  Colored  troops. 
NEUTRALITY : 

See  also  Espionage;  Foreign  commerce; 
Foreign  Oovernments;  Foreign  lan- 
guages; Foreign  relations,  etc. 

Acceptiuue  of  commission  from  belliger- 
ent, 1467. 


702 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


NEUTRALITY — Continued. 

Armed  vessels,  sending  out  with  intent  to 

deliver  to  belligerents,  1469q. 
Arming    vessels    for    belligerent    power, 

1469. 
An  MS,  ETC.,  Intbni>ed  foe  Export — 

Application  for  warrant  after  seizure, 
1475d. 

Authority  to  make  seizures,  1475c. 

Bond  for  redelivery  of  property  seized, 
14751. 

Custody  of  property  seized,  1475e. 

Enforcement    of    title,    employment    of 
military  force,  14751, 

Forfeiture   to   United   States,   1475c|. 

Issue    of    warrant    covering    property 
seized,  1475d. 

Libel  of  property  seized,  1473g. 

Operation  of  title  as  to  other  property, 
1475J. 

Petition  for  restoration  after  seizure, 
hearing,  1475f. 

Procedure  on  petition  of  owner,  etc.,  in 
libel,  1475h. 

Release    of    property    on    payment    oi 
costs,  1475k. 

Sale  of  property  seized,  1475g. 
Augmenting  force  of  belligerent  vessels, 

1470. 
Clearance    to    vessel    may    be    refused, 

1469a,  1469c. 
Compelling    foreign    vessels    to    depart, 

1473,  1473a. 
Detention  of  armed  vessels,  1469p. 
Employment  of  military  force  in  enfon 

ing,  1469g,  1469v,  1472,  1472b. 
Enlisting  in  foreign  service,  punishment 

exception,  1468a,  1468b. 
Enlisting  in  United  States  In  belligerent 

.irmy,  1468,  1468a,  1468b,  1474. 
Enlistment,  subjects,  etc.,  to  war  against 

country  with  which  United  States  is  at 

war,  1468b. 
Expulsion  of  armed  vessel,  1473,  1473a. 
Forbidding    departure    of   vessels,    when, 

1469s. 
General  Peovisions,   Titles   Relating 


Effect    of    partial    Invalidity    of    act, 
1475t. 

Jurisdiction  of  offenses,  1475r. 

Prosecutions     under     prior     laws,    re- 
pealed, 1475s. 

United  States  defined,  1475c. 
Imports  during  foreign  war,  prohibition, 

1469c. 
Interned   belligerent  leaving  Jurisdiction, 

punishment,  1469n. 
Military    expedition,    starting   in    United 

States,  penalty,  1471,  1471a,  1472. 
Organizing    military    expedition    against 

friendly     power,     punishment,      1471, 

1471a. 
Proclamation  against  shipment  of  arms, 

1475. 
Repeal  of  resolution  o£  March  4,   1915, 

1469W. 


NEUTRALITY— Continued. 

Statement    that    cargo    will    not    be    de- 
livered to  other  vessels,  etc.,  1469r. 

Unlawful   taking   of  vessel   out    of   port, 
punishment,  1469t. 

Vessels  departing  without  clearance,  pen- 
alty, 1469b,  1469f,  1472a,  1472b. 

Vessels  discriminating  against  American 
citizens,  f469d,  1469e. 

Vessels  in   ports  of  United   States.      See 
Vessels. 

Withholding  clearance  papers   from   ves- 
sels, 14690. 
NEW  MEXICO: 

Peonage  abolished,  1455,  1456. 
NEWSPAPERS  : 

See  also  Mail  matter;  Mails;  Periodicals. 

Advertisements  in.      See  Advertising. 
.Advocating  treason,  nonmailable,  253c. 

Expenditures    for,    by    executive    depart- 
ments, 76  77. 

FOEBIGN  LANGCAaBS— 

Copies    of    permits    and    revocations, 
253J. 

Filing  translation  before  mailing,  253g, 
253k. 

Matters  unlawful   to  be  published   in, 
253f. 

Nonmailable,  when,  253h. 

Permits  to  publish,  2531. 

Punishment,   aflSdavit  containing  false 
statement,  253k. 

Under  permit  to  bear  certificate  as  to, 
253J. 
Nonmailable  matter,  when,  253a. 
Subscriptions,    certain,   paid   in   advance, 

520,   801,   1083a,   1178a. 
Subscriptions  for  Coast  Artillery,  IGSSa. 
Subscriptions    for    Corps    of    Engineers, 

801. 
Subscriptions     for     Military      Academy, 

1178a. 
Subscriptions  from  quartermaster  funds, 

520. 
NITRATE   OP   SODA: 
See  also  Nitrate  plants. 
Acquisition  and  sale  of  stocks,  1767. 
Agencies  as  to,  1768. 
Appropriation,  1626,  1768. 
Moneys  received   from   sales  of,   disposi 

tion,  1769. 
Regulations  as  to,  1768. 
NITRATE   PLANTS: 

See  also  Nitrate  of  soda. 
Acquisition  of  lands,  1623. 
Appropriation  of  lands,  1623. 
Disposal   of   surplus,    1624. 
Government  use  of  products,  1624. 
Hydroelectric   sites,   1622. 
Investigation  of  processes,  1622. 
Officers   and    employees,    1625. 
Operation  solely  by  Government,  1627. 
Panama  Canal  bonds,  redemption,   1629. 
Panama    Canal    bonds,    sale    for    funds, 

1628. 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


703 


NOMINATIONS  : 

List  of  confirmed,  etc.,  to  accounting  offi- 
cers,  11. 
NONCOMMISSIONED  OFFICERS : 

See  also  Enlisted  men.     For  a  particular 

class    of   noncommissioned    officers    see 

the  specific  title. 
Additional,  for  details,  1332a,  1561. 
After  retirement,  details  ft)  schools,  etc., 

946. 
Defined  as  to  allotments,  allowances,  etc., 

1483Z. 
Detachment.     See  Detachments. 
Detail.     See  Detmils. 
Pay,    695. 

Promotion  to  second  lieutenant,  919. 
Reenlistment    with    rank    of    discharge, 

1034a. 
Retired,  detail  at  colleges,  etc.,  946. 
Retirement,  after  30  years'  service,  713. 
NORMAL  SCHOOLS  FOR  INDIANS  : 

Sf'(>  Indian  education. 

NORTH   ISLAND,  CAL. : 

Aviation  Stations — 

Appropriation   for  payment  of  award, 
1274J. 

Award  for,   distribution,   1274J. 

Commandeering  lands  for,   1274g. 

Examination  of  title  waived,  1274g. 

Payment   into   court,   value   of  private 
rights,   12741. 

Possession  talien,   1274g. 

Procedure  to  determine  rights  of  pri- 
vate parties,  1274h. 

Requisitioning  lands  for,  1274g. 
NOTARY    PUBLIC: 

Army  oflicers  in  foreign  places  who  have 

general  powers  of,  114th  A.  W. 
NOTE: 

See  Trading  unth  enemy. 
NURSE   CORPS: 

See  also   Hospital  Corps. 
Army  entitled  to  insurance,   1483cccc. 
Commutation  of  quarters,  668a,  668b. 
Commutation  of  rations,  611b,  611c. 
Compensation    for    death    or    disability, 

when  entitled  to,  1483kk. 
Composition,   7C9. 
Cumulative  leave,  771,  772. 
Death   or  disability,   military  and   naval 

compensation  for,  1483xxx. 
Hospital  matrons.    See  Hospital  matrons. 
Military    and    naval     compensation     for 

death  or  disability,   1483xxx. 
Navy,  female.     See  Navy  Nurse  Corps. 
Nurses — 

Additional  pay,  limitation  on,  771. 

Appointmeat  by  Surgeon  General,  769. 

Burial  in  national  cemeteries,  1309. 

Cumulative  leave,  771,  772. 

Extra,  employment  of,  777. 

Number,    76». 

Pay,  771. 

Qualifications,    769. 

Quarters,  commutation,  668a,  668b. 

Rations,  commutation,  611b,  611c,  612. 


NURSE  CORPS— Continued. 
Nurses — Continued. 

Rations   in   post   or   regimental   hospi- 
tals, 598. 
Rations,    while    on    leave    of    absence, 

611,   eijb,   611c. 
Removal,  by  Surgeon  General,  769. 
Reserve    nurses,    assignment    to    duty, 

769. 
Traveling     expenses,     allowance     for, 
7721, 
Organization,  769. 
Part  of  Medical  Department,  728a. 
Pay — 

Longevity  pay,  771. 
of    Superintendent    and    nurses,    769, 
771. 

SUPBEINTBNDENT 

Allowances,    770,    770a. 
Cumulative  leave,  772. 
Pay,  769,  771. 
NURSES  : 

See  also  Nurse  Corps. 

Rations,  commutation,  611b. 
OATHS : 

of  a  particular  officer,  see  the  officer. 
See  also  Articles  of  War. 

Afl5davit,  persons  in  armed  forces  as  to 
homestead  entry,  12721. 

Authority  to  administer  to  American 
citizens,  205s. 

Before  whom  may  be  taken,  63,  114th 
A.  W. 

of  Cadets,  Military  Academy,  form,  1150. 

Commissioners,  military  and  navai  in- 
surance, authorized  to  administer, 
14831. 

to  Clothing  accounts,  who  may  adminis- 
ter, 153. 

Deputy  commissioners,  military  and  na- 
val Insurance,  authorized  to  adminis- 
ter,  14831. 

Director,  Bureau  of  War  Risk  Insurance, 
authorized  to  administer,  14831. 

Employees  not  compensated  for  adminis- 
tering, 57,  58. 

Form  of  oath  of  office,  59,  60. 

by  Investigating  boards  or  officers,  64. 

Judge  advocates  to  administer  certain, 
473,  114th  A.  W. 

Mustering  officers,  administer  In  muster- 
ing out  volunteers,   13831. 

National  Guard.     See  National  Guard. 

of  Office  of  employees,  disposition,  61. 

of  Office  of  employees,  residing  in  for- 
eign countries,  205J. 

Of  Office,  who  may  administer,  62. 

Officers  with  general  powers  of  notary 
public  in  foreign  places,  114th  A.  W. 

in  Postal  Service  before  military  officers, 
250. 

Summary  court  officers  may  administer, 
473,  114th  A.  W. 

to  Travel  accounts,  who  may  admioister, 
65. 


704 


MILITAEY    LAWS   OF    THE   UNITED   STATES,   1915. 


OBSERVERS  : 

Additional    pay    for    qualifying   as,    699, 


of  Foreign  armies  in   field,   expenses  of, 

673a. 
Number,  not  to  be  increased,  700. 
OFFICE  : 

of  a  particular  officer,  see  the  officer. 
Conspiring    to    prevent    person    holding, 

1445. 
Disqualification  for  holding,  130. 
Holding    two    oflSces    prohibited,    excep- 
tions, 169,  169a,  109b,  990. 
Oath  of.     See  Oaths. 
Officers     accepting     civil.     See     Officers, 

A  rmy. 
Kecoss   appointments,    confirmation,    168. 
no  Salary  unless  oflSce  exists,  etc.,  167. 
OFFICERS.     See  the  officer  or  the  service 
in  which  engaged. 
Army.     See  Officers,  Army. 
Employees     and,     militia     leave,     1331a, 

1331b. 
Militia.     See  Militia. 

Prohibited     holding    two    offices,     excep- 
tion, 169,  169a,  169b,  990. 
Prohibited   receiving  two  salaries  In  ex- 
cess of  $2,000,  exceptions,  169a,  169b. 
Recess  appointments,  8. 
of  Volunteers.     See  Volunteer  Army. 
OFFICERS,  ARMY  : 

for  a  particular  class  of  officers,  see  the 

specific  title. 
Absence — 

In    Confinement   more  than   3    months, 
•         993. 

Intemperate  habits  or  misconduct,  666. 
Leave,    credit    for    volunteer    service, 

664. 
Leave,  cumulative  for  4  years,  662. 
Leave,  in  Philippines  without  return  to 

United  States,  665. 
Leave,    while    outside    United    States, 

when  deemed  to  commence,  663. 
Sickness,  wounds,  etc.,  661. 
Temporarily  in  field,  right  to  quarters, 

552. 
Without    leave,    dropped    as    deserter, 
992,  993. 
*  Without  leave,  pay  forfeited,  667. 
Additional — 

Colonels     of     Cavalry     and     Infantry, 
National   Army,   1030. 
National-defense  act,   effect  on,  1106a. 
Part  of  Regular  Army,  331a. 
Vacancies  caused  bv  increase,  331cJ. 
Allotments  of  Pay.     ^e  Pay  of  officers. 
Allowances — 

See  also  Pay  of  Army. 
Fuel,  quarters  and  forage,  651a. 
Heat  and  light  restricted,  556. 
Restricted  to  those  provided,  651. 
Appointments — 

from  Civil  life,  nge,  etc.,  331d,  331d4, 

-ia. 
by  Commission  in  arm  of  service,  926. 


OFFICERS,  Army — Continued. 
Appointments — Continued. 

Dismissal  by  court-martial  disqualifies, 

991. 
of    Enlisted    men    after    examination, 

919-923,  331d. 
Examining  board  to  determine  fitness, 

921. 
of  Honor  graduates  of  colleges,  331  d. 
of  Honorably  discharged  cadets,  1162d. 
Limitation,    number    of,    increased    in 

certain  arms,  331bi. 
from  Military  Academy,  918. 
National  Army,  1630. 
of    National    Guard    officers,    age.    etc., 

331d. 
of  Noncommissioned  officers,  919,  33  Id. 
from  Officers'  Reserve  Corps,  ago,  etc., 

331d. 
Order  and  method,  918. 
from   Philippine   Scouts'  officers.   ."i.Ud. 
Provisional,  918a. 

Provisional,  termination  of,  331ci. 
Quali  =oatlons,  918b. 
Qualifications,     from     civil     life.     DIS, 

331d. 
Qualifications,  from  enlist3d  me      i>20, 

331d. 
Recommission  of  former  officers.  931  a. 
to  Staff  Corps.     See  Staff  depart )nents. 
Temporary,  organization  of  increments, 

period  of,  1665. 
Temporary,     vacancies    not    filled     by 

promotion,  331c J. 
Vacancies,  grade  of  second  lieutenant, 

order  of,  331d,  331dJ. 
Waiver,    age    limit    of    candidates    for 
second   lieutenant,   331dJ. 
Assignments — 
See  also  Details. 

One  "  "'fment  to  another  in  all  arms, 
935. 
Badges.     See  Badges. 
Baggage — 

Lost  In  military  service,  217,  217a. 
Brevet  rank.     Sec  Brevet  rank. 
Cadet    service,    credit   for.      See    pay    oj 

Army;  Retirement,  Army. 
Certificates — 

of  Discharge,  replacing  lost,  1047. 
of  Eligibility,     See  Certificates  of  eligi- 
hility. 
Citizens,  qualified  as,  roster,  1573. 
Civil  Office — 

Accepting  or  holding,  vacates  commis- 
sion, 995. 
Diplomatic  or  consular,  acceptance  of, 

997. 
Prohibited  being  elected  to,  or  liolding, 
960. 
Claims  of — 

Accounting   officers   may   remove   stop- 
page, 641. 
Deductions  from,   for   attorney's  fees, 
219. 


MILITARY  LAWS  OF  THE  UNITED  STATES,   1915. 


705 


OFFICERS,  Army — Continued. 
Claims  of — Continued. 

for    Private    property    lost,    etc.,    217, 
217a. 
Commissioned — 

Defined  as  to  compensation,  insurance, 

etc.,  14S3y. 
Warrant  officers,  certain  Included  as  to 
compensation,  insurance,  etc.,  1483y. 
Commissions — 
Delivery,  9. 

in  National  Guard,  1332b. 
Recorded  and  sealed,  925. 
to  Show  appointment  in  an  arm,  926. 
in  Volunteers  before  Officers'   Reserve 
Corps,  1551. 
Commutation  of  quarters.     See  Quarters, 

Army. 
Court-martial, — 

See  also  Courts-martial. 
Exempted    from    trial    by    special,    13, 
A.  W. 
Deceased — 

See  also  Articles  of  War. 
Expenses  of  interment,  1063. 
Tayment  to  beneficiary,  1061,  1062. 
Settling    accounts,    method    of,    1059, 
1060. 
Detached.     See  Detcchcd  officers'  list. 
Detached  service.     See  Detached  service 
Details.     See  Details. 
Disabilities — 

Civil  office.     See  this  title,  Civil  office. 
Claims   against   United    States,   assist- 
ing prosecution,  430. 
Discharge — 

Appointment  of  former,  in  Officers'  Re- 
serve Corps,   1533a. 
Effect  on  death  or  disability  compensa- 
tion,   1483000. 
Evidence  of  honorable,  to  be  returned, 

214. 
Honorable,  title  and  uniform,  1008. 
Provisional,   331ci. 

Saving     clause,     national-defense    act, 
331h. 
'Dismissed — 

by  Court-martial,  reappointment,   991. 
may    Demand    trial    by    court-martial, 

994. 
in  Time  of  peace,  only  by  courts-mar- 
tial, 992. 
Duties.     See  this  title.  Powers  and  duties. 
Examinations — 

for  Appointment.     See  this   title,   Ap- 

poiT^tments. 
for  Promotion.     See  this  title,  Promo- 
tions. 
Physical.      Return  to  active  duty,  958g. 
Forage.     See  Forage. 
Foreign   Armies — 

Serving  with  Aviation  Section,  mileage 

for,   889yy. 
Traveling   expenses   while   attached   to 
U.   S.  Army,  673b. 
Foreign   decorations.     See  Foreign  deco- 
rations. 


OFFICERS,  Army — Continued. 
Fuel.     See  Fuel. 
General  Officer  of  Link — 

Advanced  for  Panama  service,  927k. 
Appointment  in  time  of  peace,  350c. 
Appointment  of  generals,  number,  350d. 
Appointment    of    lieutenant    generals, 

number,   350d. 
Assistants  to  Chief  of  Staff  shall   be, 

366f. 
Chief  of  Staff  shall  be,  366f. 
Definition,  350a. 

National     Army,     temporary    appoint- 
ment, 1663,  1664. 
National   Army,  vacancies  in   Regular 

Army  caused  by,  1664. 
Number,  350b. 

Selection  of  appointees,  1663a. 
General  Officer  of  Staff — 

Appointment,   Signal  Corps  and  Avia- 
tion   Section,   879f. 
Definition,  350a. 
Heat  and  light.     See  Heat  and  light. 
Hospitals.      See   this  title  Medical   care. 
Indebted  to  United  State»— 

Pay  may  be  withheld,  694. 
Medals,  bronze.     See  Medals. 
Medals  of  honor.     See  Medals  of  honor. 
Medical  care — 

Employment  of  extra  nurses,  777. 
in  Private  hospital?,  776,  776a,  776b, 
776d. 
Mileage.     See  Mileage. 
Mounted — 

Additonal   pay   to    those   who   provide 

mounts,  637. 
Purchase    of    horses,    ordered    beyond 
seas,  55S. 
National  Army.     See  National  Army. 
Noncommissioned.      See  noncommissioned 

officers. 
Number,  Increase  by  increments,  331b, 
Oath  of  Office,  59,  60. 
Offenses — 

Claims  against  United   States,  accept- 
ing Interest  in,  430. 
Embezzlement  of  public  money,  428,  94 

A.  W. 
Making  false  certificate,  429,  94  A.  W. 

!•  ate  NTS 

Granted  without  payment  of  fees,  863. 
Pay.     See  Pay   of  officers. 
Pensions.     See  Pensions. 
of     Philippine     Scouts.     See    Philippine 

Scouts. 
of  Porto  Rico  Regiment.     See  Porto  Rico 

Regiment. 
Powers   and  Duties — 

See  also  throughout  this  title. 

Beneficiary    to    be    designated,     1061, 
1062. 

Civil  works,  employment  on,  996. 

Elections,  interference,  penalty,  1457- 
1461. 

as  Indian  agents,  940,  1396-1399. 

Inspection   of  National  Guard,   1356a, 
1356b. 


54208"— 18- 


45 


706 


MILITAKY  LAWS  OF   THE  UNITED  STATES,  l&15w 


OFFICERS,  Army — Contixiued. 
PowBBS  AND  DuTrES — Contiuued. 

Oaths,   certain  with  powers  ot  notary 

while  with  Army  in  foreign  places, 

114th  A.  W. 
Posta.1   Service,   may  administer  oath, 

250. 
Beport  death  of  grantor  of  ailetment, 

T12. 
Returns,  quarterly,  of  equipment,  573, 
Returns  of  Signal  property,  901. 

PUO  MOTIONS 

AH  below  major  to  take  eKamlnation, 
930,  930a. 

of  Appointees  from  civil  life,  931,  932. 

of    Appointees    from    volunteers,    931, 
932. 

of   Certain,   for  service   with    Panama 
Canal,  9271>,  &27e,  &2Th,  9271. 

Duo  to  increased  personnel,  33Ib. 

Equalization,  additional  colonels,  9291. 

Equalization  by  transfers,  935a. 

Examinations  for  majors  and  lieuten- 
ant colonels,  ^30b. 

ExaminaHons>  required  of  wfeoet,  9S0a, 

Failure    to   pa.ss  examinations,    effect, 
930. 

Failure  on  reexamination,  &50. 

of  General  officers,  restriction,  972. 

Limitation,  number  of  increased  in  cer- 
tain arms,   331b J. 

Medical  Corps,  first  lieutenants  as  cap- 
tains, 729d. 

Regimental,  act  to  correct  loss  by,  929. 

Reorganization    act,    vacaneie*   caused 
by,   1101. 

by  Seniority  in  partlcnlar  arm,  92S. 

Seniority    to    govern    in    making,    927, 
987. 

Subject  to  examination,  93S. 

Temporary,  1332c-1332f,  138». 
Provisional,    appointment   and   duration, 

918a. 
Provisional^  dismissal,  331cJ. 
Quarters.     See  Quarters,  Army. 
Rank — 

See   also   Ranhf   Army. 

AUowaoce  for  loss  of  files  by  increase 
in   Army,    etc,    931b. 

by  Brevet.     See  Brevet  rank. 

Commissioned  service  In  Marine  Corps 
considered  in  determining,  353a- 

Precedence      over       drafted      officers, 
1339m,    1339n. 

Relative,  of  Army  and  Navy,  352. 

Relative,  of  same  grade,   353. 

Relative,    reorganization    act,    not    to 
change,    1102. 

of  Resigned  and  discharged,  1008. 

Recommission  of   former   officer,   931a. 
Recommissioning  of  former,  931a. 
Regimental    promotion.      See   this   title, 

Promotions. 
Regulating  sale   of  alcoholic  liquors   to, 

1295a-1295d. 
Reserve,     See  OffiGers'  Reserve  Corps. 


OFFICERS,  Army — Continued. 

RESIGNED 

Recommissioning  of,  931a. 
Title   and   uniform,    1008. 

Retirement.      See   RetiremettJi^,,  Arm,^, 

Salhs   to 

of   Commissary   stores,  405. 
of   Naval    stores,    etc.,   58&. 
of    Subsistence    stores.      Se«    Buhsxat- 
ence   Department. 

Servants — 

Enlisted  men  not  to  act  as,  lOSS. 
Quarters  foar,  not  allowed,  670. 

of   Staff   Corps.      See   Staff   departmenta. 

Staff  duty,  appointment  to,  without  cre- 
ating   vacancy,    3(51. 

Supernumerary.     See  Sup:ert%iimerary  of- 
ficers. 

Temporary  promotions,  831ci,  1332e. 

Thanks    of    Congress    tendered    certain, 
927a- 

Tour  of  duty  in  Philippine   Islands  and 
Canal   Zone,  limit  of,   o30a. 

TRANSFBBS 

See   also  DetaUs. 

to  Corps  of  Engineers,  786a. 

from  Line  to  staff,   rank  in  line,  934, 

One  regiment  to  another  in  all  arms, 

935. 
One  regiment  to  another,   to  equalize 

promotions,  035a. 
from   Porto   Rico  Regiment,   345f. 
Transportation.      See  7'ransportation. 
TraA'^eling  exivenses.     See  Travel. 
Uniform.      See  Uniform,  Army. 
Vacancibs — 

Accepting    higher    grade    in    National 

Array,    1664. 
Caused  by  appointment  of  genef*al  of- 
ficers,   National    Army,    1664. 
Caused  by  details  to  StaflE  Coipe,  how 

filled,    36Ga,   3S3. 
Caused   by   immediate   organization   of 
-     all  Inrrements,  331ci. 
Caused    by    militia    detail,    how    filled, 

1333. 
Caused   by   national   defense  act,   how 

flUed,  331h,   S31d-331g. 
Caused  by  reorganization  act,  1101. 
Caused   by   retirement,  987. 
Caused   by   temporary  appointment   in 

Signal    Corps,    879g. 
in     Second     lieutenant's     grade,     how 

filled,   922,   331d,   918a. 
Temporary,   1389,   1332c-1332f, 
OFFICERS'    CLUBS: 

Sale  of  alcoholic  liquors  at,   1295b. 
OFFICERS,   MILITIA.      See  Militia. 
OFFICERS,     NATIONAL     GUARD.        See 
National    Guard. 

OFFICERS'  RESERVE  CORPS: 

Absence.      See   this   title,   Leaves  of   ab- 

aenee. 
Active   duty — 

Disti-ict    of    Columbia    employees,    re- 
storation to  positions,  1544a. 


MILITARY  LAWS  OF   THE  UNITED  STATES,   1915. 


707 


OFPICEES    RESERVE    CORPS— Cont'd. 

Active  duty — Continued. 

Government  employees,   restoration   to 

positions,   lu44a. 
Eecominisslon      if      called      in      lower 
grade,    153«b. 
Age  limit,  suspension  as  to  discharge  on 
reaching,    1537a. 

APPOINTMHNT — 

Age    limit,    1537,    1537a. 
Age  limit,   staff  officers,   1538. 
Colonels  and  lieutenant  colonels,  1536. 
Former     officer     of     National     Guard, 

1533a. 
Former    officer    of    Organized    Militia, 

1533a. 
Former  officer  of  Regular  Army,  1533a. 
Former     officer     of    Volunteer     Army, 

1533a. 
Grades,    1533. 

Graduates  of  colleges,  prior,  1569. 
Members  of,  in  National  Guard,  1630. 
by  President  alone,   1533. 
Reappointment,    1542. 
Registered    eligibles,    1535,    1536. 
from  Reserve  Officers'  Training  Corps, 

1565. 
from  Reserve  Officers'  Training  Corps, 

postgraduates,   156G. 
Staff     departments,     designated,     with 

certain    grades,    1532a. 
Term,    1.541,    1542. 
Army,  appointment  as  second  lieutenant 

in,    331d. 
Assignment  to  duty — 

with  Enlisted  Reserve  Corps  mitts,  1585. 

General   conditions,   1532. 

for   Instruction,   1548,   1549. 

Temporary,    1630. 

as  Temporary  second  lieutenant,  1570. 

in  Time  of  war,  1544,  1572,  1630. 

in   Volunteers,  no  priority  over  Army 

officers,    1551. 

AVTATIOX     SE5CTI0N 

Pay  in  active  service,  889tc,  879J,  87Uk. 

Citizens  designated  for  training  for,  pay 
of,   1574b. 

Colonels,    153C. 

Commission,  term,  1541,  1542. 

Continuous  service  pay,  enlisted  men  of 
Army  who  had  commissioned  service 
in,   1043d. 

Discharge,   honorable,   1537. 

Discharge  on  reaching  age  limit,  sus- 
pension   of,    1537a. 

F'cld   Artillery,   war  units,   1090b. 

Grades,    proportion,    1534. 

Gr-.ides,  recommission  if  called  for  serv- 
ice in   lower,   1536b. 

Ir;sTuucTiox — 

Annual  period,   1548. 

Annual  period,  extension,  1549. 

as  Temporary  second  lieutenants,  1570. 

Leaves  of  Absence — 

District  of  Columbia  employees,  1549a. 
Government  employees,   1549a. 

Lieutenant  colonels,  1536. 


OFFICERS    RESERVE    CORPS — Cont'd. 
Medical,  Sbction — 

Duty  in  time  of  peace,  1540. 
Medical  Reserve  Corps,  abolishment  of, 
1539. 
Medical  Reserve  Corps,  officers,  appoint* 

raent  in,   153S). 
Organization,   1532. 
Organization     and     training,     voluntary 

service  in  connection  with,  1544b. 
Part  of  Army  of  United  States,  329a. 
Pay — 

for  Instruction,  1548. 
as  Temporary  second  lieutenant,  1570. 
In  War,  1544. 
Pensions,  1546. 

Promotion  in  time  of  war,  1545. 
Rank — 

Active,  among  themselves,  1545. 

Active,  in  Army,  1544. 

Colonels  and  lieutenant  colonels.  1538, 

1536a,  1536b. 
Colonels,    etc.,    in    National    Guard    in 

Federal  service,   1536a,  1536b. 
Inactive,   1543. 
Recommission,  if  called  for  service  in 

lower  grade,  1536b. 
Retirement,  not  entitled  to,  1546,  1571. 
Service    in,    not    counted    by    Regular 

officer,  1552. 
Staff  departments,  appointments  to  cer- 
tain, 1532a. 
Subject  to  Articles  of  War,  when,  1547, 
1572. 
Retirement    of    enlisted    men,    credit    for 

commissioned    service   in,    1043d. 
Training.       See    this    title    Organization 

and   training. 
Training,  pay  of  citiaens  designated  for, 

1574b. 
Voluntary  service,  acceptance  from  mem- 
bers of,  1544b. 
OFFICERS,  WARRANT: 

S(  e  Warrant  officers. 
"  OFFICIAL    BUSINESS  *•  : 

Borne  on  free  mall  matter,  252. 
OFFICIAL  LETTERS.     See  Mail  matter, 
OFFICIAL   PASS.      See  Pass. 
OFFICIAL  PERMIT.     See  Pass. 
OFFICIAL  REGISTER: 

Data  as  to  salaries,  etc.,  for.  111.' 
Data   for,  furnished  Director  of  Census, 
105. 
OIL  PIPE  LINES  : 

See  Food  and  fuel  conservatfou. 
Commandeering     or     requisitioning     for 
military  purposes,  1708-1713. 
OPEN    MARKET: 

Army  supplies,  purchase  in,  1198-1200. 
Executive     departments,     purchases     in, 

1196. 
Horses  may  be  purchased  In,  541,  542. 
Printing  and  binding  for  army,  etc.,  dur- 
ing emergency,  112b-112<L 


708 


MILITAHY   LAWS  OF   THE   UNITED  STATES,  1915. 


OPEN  MARKET— Continued. 

Purchase  of  subsistence  stores  In,  589. 
Purchases  from  Indians  in,  1240. 
Supplies  or  services  outside  District   of 
Columbia,  limitation,  1196a. 
OPINIONS  : 

of  Attorney  General.     See  Attorney  Gen- 
eral. 
of  Heads  of  departments,  2. 
ORDNANCE : 

See  also  Ordnance  Department. 
Ammunition.     See  Ammunition. 
Appropriations — 

See  also  Ordnance  Department. 
Available  two  years,  831. 
Expenses   of   manufacture   to    be   pro- 
rated, 861. 
Freight  not  to  be  paid  from,  on  issues 

of,  848. 
Payment  of  pressing  obligations  from, 

832. 
Purchases    in    excess    of,    limitation, 

1190a. 
for  Tests  of  gun  carriages,  878. 
Cannon.     See  Cannon. 
Depots — 

Chief  of  Ordnance  may  establish,  825. 
Exchange   of   unserviceable   powder   and 

shot,  837. 
Guns.     See  Cannon. 
Iron  and  Steel — 

Board  for  testing.     See  Ordnance  De- 
partment. 
Machine  for  testing,  866. 
Issues — 

See  also  Educational  Institutions. 
Colleges    and    universities,    942,    950- 
955,    951a-951c,     953a,    954a-954d, 
955a,  955b. 
of   Condemned,    to   patriotic   organiza- 
tions, regulations,  849a,  849b. 
Freight  not  paid  by  Government,  848. 
Militia.      See  Militia. 
to     National     Guard.      See     National 

Guard. 
Obsolete,  to  national  homes,  850. 
Reserve  Officers'  Training  Corps,  1662, 

1663. 
Schools    and    rifle    clubs,    954a,    954b, 

1662,   1663. 
of  Small-arms  material  to  schools,  955, 

955a,  1662,  1663. 
State    soldiers'    and    sailors'    orphans' 

homes,  951c,  954,  955. 
Washington  high  schools,  953a. 
Loans  ob  Gifts — 

of  Condemned,  to  Grand  Army  of  the 
Republic,  etc.,  849. 
Property.     See  this  title  generally. 
Purchases — 

of    Articles    Involving    secret    process, 

829. 
in  Excess  of  appropriations,  1190a. 
for  Executive  departments,   reimburse- 
ment, 830. 
Reference    to    materials    of    American 
manufacture,  1234,  1234a. 


ORDNANCE— Continued. 
Returns — 

by  Chief  of  Ordnance,  833. 
Semiannual  by  officers,  etc.,  834. 
Safe-keeping  of — 

Regulations  to  be  prescribed,  835. 
Sales — 

to  American  designers,  846. 

to  American  Red  Cross,  844. 

of  Armament  for  sentimental  reasons, 

845. 
of  Cannon.     See  Cannon. 
to  Civilian  employees  of  Army,  844. 
to  Cuba,  844a. 
to      Educational      Institutions,      951a, 

951b,  951c. 
or   Exchange  of   unserviceable  powder 

and  shot,  837. 
to  Executive  departments,  842. 
of  Obsolete  to  patriotic  organizations, 

S39. 
to  Officers  of  Navy  and  Marine  Corps, 

843. 
Proceeds  available  for  replacing,  838, 

846. 
of  Unserviceable  powder  and  shot,  837. 
Sergeants.      See    Ordnance    Department; 

Enlisted  personnel. 
Stores.     See  this  title  generally. 
ORDNANCE  BUREAU : 

Pay  of  principal  assistant  in,  817. 
ORDNANCE  DEPARTMENT: 
See  also  Chief  of  Ordnance. 
Appropriations — 

Available  for  i>ayment  of  expenses  of 

employees,  857a,  S57b. 
Collections    for    damages    credited    to 

proper,  845. 
Cost    of    ordnance    issued    to    militia 

credited  to,  1358a. 
Mileage  for  officers,  688b. 
for  Ordnance.     See  Ordnance. 
Armories    and    arsenals.      See    Armories 

and  arsenals. 
Artificers,  detail  of,  822. 
Board    of    Ordnance    and    Fortifications. 
See  Ordnance  and  Fortifications,  Board 
of. 
Board  for  Testing  Iron  and  Steel — 
Compensation,  867. 
Composition,  8G6. 
Record  of  tests,  publication,  869. 
Testing  machines,  866. 
Tests  for  private  parties,   may   make, 
868,  869. 
Bureau,  principal  assistant,  817. 
Cannon.     See  Cannon. 
Chief  of  Ordnance,  rank,  pay  and  allow- 
ances, 373a,  809a. 
Civilian  Employees — 

Allowance  when  traveling,  857a,  8o7b. 
Serving  abroad,  accrued  leaves  of  ab- 
sence, 8571. 
Springfield  Armory,  salary,  857c. 
Clothing  allowance  for  sergeants,  575. 
Composition,  809,  809a. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


709 


ORDNANCE  DEPARTMENT— Continued. 
Contracts — 

Reduced   to   writing  In   certain   cases, 
826. 

for  Steel  after  advertisement,  827. 
Disbursing  officers — 

Payment  of  pressing  obligations,   832. 
Draftsmen,  employment  of,  818. 
Employees — 

of   Arsenals.    See  Armories   and   arse- 
nals. 

Leaves  of  absence  to,  857d-857h. 

Office  of  storekeeper  to  lapse,  512. 

Repeal   of  provision  for  montbly  pay, 
854b. 
Enlisted  Personnel — 

Composition  and  number,  821. 

Detail  as  artificers,  822. 

Extra-duty  pay,  not  to  receive,  562. 

Ordnance    sergeants   at   each    military 
post,  819. 

Ordnance    sergeants,     clothing    allow- 
ance, 575. 

Ordnance    sergeants,    commutation    of 
rations,  611. 

Ordnance  sergeants,  qualifications,  820, 
820a. 

Ordnance    sergeants,    returns    of    ord- 
nance by,  834. 
Land  purchased  for,  examination  of  title 

waived,  1274p. 
Master  armorer,  Springfield  Armory,  com- 
pensation, 854a. 
Officers — 

Assigned  to  staff  duty,  rank  and  pay, 
816. 

Chief,  rank,  pay  and  allowances,  373a, 
809a. 

Commanding,  to  report  bimonthly,  836. 

Composition,  809,  809a,  809b. 

Detailed,   Manchu  law   not  applicable, 
384,  813a,  937. 

Details  of  student  officers,  813b. 

Detail,     term,    etc.,    812,    812a,    813, 
813a. 

Designate    other    officers    to    disburse 
public  moneys,  832a, 

Examinations  for  detail  In,  814. 

Increments,     immediate     Increase    au- 
thorized, 809b. 

Majors,  detail  of,  irrespective  of  con- 
tinuous service  in,  813a. 

Mileage,    appropriation    available    for, 
688b. 

Per  diem  expenses,  at  proving  ground, 
825b. 

Promotion  of  lieutenants,  386,  787. 

I'romotions,     according     to     seniority, 
811. 

Promotions    made    after    examination, 
810. 

Quarters,     brick     house     at     proving 
ground,  825a. 

Ranit  from  original  detail,  815. 

Term  of  detail,  813. 

Vacancies    filled    by    details,    812-815, 
036,  813a. 


ORDNANCE    DEPARTMENT— Continued. 
OFificERS — Continued. 

Operation  of  munition  plants  In  time 

of  war,  1601. 
Ordnance,  sale,  etc.     See  Ordnance, 
Organiaation,  809,  809a,  809b. 
Part  of  Regular  Army,  331a. 
Patents — 

to  Officers  witbaut  payment  of  fees, 
863. 

PUBCHASES 

of  Articles  involving  secret  process, 

829. 
for  Executive  department,  reimburse- 
ment, 830. 
of   Material    abroad,    free   of    duty, 

828. 
for    Philippine    Goversmcnt,     reim- 
bursement,   830. 
Sales  of  Ordnance,  etc.     See  Ordnance. 
Sergeants.     See  this  title.  Enlisted  per- 

sonnel. 
Time-measuring      devices      prohibted, 

864a,  864b. 
Title  to  land  purchased  for,  examina- 
tion waived,  1274p. 
ORDNANCE       AND       FORTIFICATIONS, 
BOARD  OF: 
Allowance  to  officer  members,  877. 
Compositon,  870-873. 
Duties,  870-875. 

Expenditures  on  tests,  restriction,  876. 
Experimental  guns,  878. 
Members  not  to  be  Interested  In  inven- 
tions before,  874. 
Salary  of  civilian  member,  873. 
ORGANIZED  MILITIA.     See  Militia. 
OUTDOOR   RELIEF: 

by    Commissioners    of    Soldiers'    Home, 
1518. 
OUTSTANDING  LIABILITIES : 

Certificates  of  Secretary  of  Treasury  as 

to,   242. 
Drafts,   etc.,    turned    In    to   Treasury    to 

credit  of,  241. 
Payment    of    checks    which    have    l>een 
turned  In,  243. 
PACIFIC   COAST: 

Quartermaster  supplies  on,  advertisement 
necessary,  1205. 
PACKER : 

In  office  of  the  Chief  of  Staflf,  302,  3G2a. 
PACKING   HOUSES: 

See  Food  and  fuel  conservation. 
Commandeering     or     requisitioning     for 
military  purposes,  1708-1713. 
PACKMASTER,  1091b. 
PAMPHLETS.     See   Newspapers;  Puhlica- 

tions. 
PANAMA : 

See  also  Panama  Canal. 

Enlisted  men,  service  in,  counted  double, 

1041. 
Officers,  detached  service  In,  937,  93S*, 
Officers,  detail  under  government  of.  939, 
Pay,  not  iucreascd  for  service  in.  C44. 


710 


MILITARY   LAWS  OP   THE   UNITED  STATES,   1915. 


PANAMA   CANAL: 

See  also  Panama;  Canal  Zone. 

Accounts   of,   examination,   200a. 

Allen    labor,    eight-hour    law    not    appli- 
cabl»,    1225,    1226. 

Bonds — 

Used    for    funds    for    nitrate    plants, 

1628. 
Used  for  funds  for  nitrate  supply,  re- 
demption, 1629. 

General  oflicers  of  line  advanced  for  serv- 
ice with,  status,  927k. 

Officeks  Retired  as  Reward — 

Transfer    of    certain,    to    active    list, 
958h-958k. 

Payments  to,  for  care  of  Army  sick,  etc., 
776a,   776b. 

Rewards    to    officers    assisting    in    con- 
struction, 927a-927d,  927 j. 

Tour  of  duty  in  Canal  Zone,  330a. 
PAPERS : 

Useless,  disposition,  132,  133. 
PARADES : 

Right   of   way   to   troops   and   militia   in 
District  of  Columbia,  1466. 
PARDONS : 

See  also  Disciplinarp  Barracks;  Military 
Prison. 

Power  to  grant,  vested  in  President,  2. 
PARENT : 

Defined    as    to    allotment,    family    allow- 
ances, etc.,  1483vv. 

Discharge  on  account  of  dependent,  1044, 
1044a. 

Family    allowances.     See    Family    allow- 
ances. 
PAROLE : 

of  Military  prisoners  aathorized,  488b. 
PASS: 

Military,   punishment   for  counterfeiting, 
etc.,   1531c. 

Official,    punishment    for    coAint^rfeiting. 
etc.,   1531c. 
PASSENGER-CARRYING  VEHICLES  : 

Exchange    on    purchase    of   new,    12Cla, 
1261b,  1261c. 
PASSPORTS : 

See  also  Foreign  relatHons'. 

Applications  for,  contents,  1675. 

Counterfeiting,  etc,  punishment,  167&. 

False     statements     in     applications     for, 
1G76. 

Pees  for,  1675. 

Forging,  etc.,  punishment,  1678. 
'  Furnishing,  person  other  than  for  whom 
issued,  1677. 

Issued  for  another,  use  of,  1677. 

Obtained    through    false   statements,    use 
of,  1676. 
PATENTS : 

See  also  Inventions. 

Applications  by  citizens  of  United  States 
in  enemy  country,  1425x. 

Applications     by     enemy.     See     Tradinn 
with   enemy,  Liccnue. 

Basic,    for    manufacture    or    deveiopmeut 
of  aircraft,  889ff-8891ili. 


PATENTS— Contimied. 

Important  to  defense,  1616,  161^a-1616c. 
Inventions     abandoned,     when,     1425qq. 

1616c. 
K<>eping  secret  Inventions  and  witbbold- 

ins  grant  of,  1425pp,  1616a. 
Members     Ordnance     and     Fortifications 

Board    not    to    be    interested    in    any 

considered    by    it,    874. 
to  Officers  without  fee,  when  for  United 

States,   863, 
Radiodynamic   torpedo   control,   1614. 
Suits    against     United     States     for     in-, 

£ringement,    299. 
Tendered  to  United  States,  compensation 

for  use  of,   1423rr,  lG16c. 
PATRIOTIC    SOCIETIES  : 

Donation   of  ordnance  to,   849a,   849b. 
Sale  of  obsolete  small  arms,  etc.,  to,  839. 
Unlawful     wearing    of    badges,    penalty, 

1025. 
PAY  : 

of  Army,     See  Pay  of  Army. 
Clerks.      See   Pay   Department, 

('OAST    AND    Gbodktic    SUKVljy 

Allowances  and,  not  I'cduced  on  trans- 
fer   to   Army,    534k. 

of  Employees  of  arsenals,  854. 

Military  Academy.  See  Military  Acad- 
eviy. 

of   Militia.      See   Militia. 

of  Paymaster's  clerks.  See  Pay  Depart- 
ment. 

Persons  not  to  receive  more  than  one 
salary  wiien  total  exceeds  $2,500,  ex- 
ceptions, 169. 

Persons   not   to    receive   more   than    one 
salary  when   total   exceeds  $2,000,  ex- 
ceptions,   169a,    169b. 
PAY    ACCOUNTS: 

See  also  Pay  of  officers. 

Assignment   by   officers,   647,   048. 

Assignment  by   surgeons  permitted,   740. 
PAY   OF   ARMY: 

See   also   Pay  Department. 

Advancement  of  I'ay — 
at   Distant  stations,   049. 
to   Troops   about   to  embark,   650. 

Allotments — 

See  Allotments  of  pay;  Pay  of  enliftted 
men;  Allotments;  Family  allow- 
ances. 

ALIX)WANCBS — 

Clothing.     See  Clothing,  Army, 
Forage.      See  Forage. 
Fuel.      See   Fuel. 
Mileage.     See  Mileage. 
to    Officers,   limited,    651. 
Quarters.     See  Quarters,  Army. 
Rations,     See  Rations,  Army. 
Subsistence.      See    iSubsistencCy   Army. 

APl'ROinUATIOX — 

Detained  pay,  repayment  from,  727. 
Disbursed   as   one   fund,    622,    68d. 
Disbursed  by  Quartennaster  Corps,  689. 

AU HEARS — 

Not  to  exceed  two  montlis,  625. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 


711 


PAY   OF  ARMY— Continued. 

Enlisted  men.     See  Pay  of  enlisted  men. 
Hospital    matrons.       See    Hospital    nia- 

irons. 
Mannbu  OH"  Payment — 

in  Advance.     See  tlii.s  title,  Advance- 
ment of   pay. 
Arrears  not  to  exceed  two  months,  G25. 
of  Enlisted  men,  certain  by  check,  627. 
of  OflBcers  paid  monthly,  674. 
Militia.      See  Militia. 
Noncommissioned   officers.      See  noncom- 
missioned  officers. 
Officers.     See  Pay  of  officers. 
Volunteers.      See   Volunteer  Army. 
PAY  CLERK.     See  Pay  Department. 
PAY    DEPARTMENT: 

ACCOUNTS 

Analysis    under    heads    of    appropria- 
tions,   623. 

Examination    by    Paymaster    General, 
623. 
Assistant  Paymasters  Crcneral.     See  Pay- 
master  General. 
Clerks,   Pay — 

Actual   expenses    only    for    sea   travel, 
682. 

Appointment   authorized,   629. 

Appointnaents  of,  discontinued,  633. 

Assignment    to    duty    with    Paymaster 
General,   623. 

Commissary   sergeants  to  act  as,   498. 

Commutation  of  quarters,  668a,   068b. 

Designation  changed,  496. 

Enlisted    men   as,    629. 

Mileage,   rates   of,   631. 

Pay,    495a,    629,    630. 

Rank  and  pay  of  first  lieutenant,  632a. 

Rank   and   pay   of  second   lieutenants, 
495a. 

Retirement,  age  of,  etc.,  630,   632. 

Subject   to   Articles  of  War,   634. 
Composition,   613. 

CONSOnTDATIOX 

into  Quartermaster  Corps,  495. 
Deputy   Paymasters   General.      See   Pay- 
master  General. 

OFFICERS 

Bond,  amount  and  condition,  387. 

Bond,   may  be  increased,   388. 

Command,  rank  gives  no  right  to,  624. 

Promotions     according     to     seniority, 
016. 

Vacancies,  how  filled,   617,  618,  936. 
Organization,   613. 

I'ny masters.      See   Paymasters,   Army. 
Paymaster      General.        See     Paymaster 

General. 
PAY   OF  ENLISTED  MEN: 

for  pay  of  a  particular  class  of  enlisted 

men,  see   the   specific   title.      See  also 

Pay   of  Army. 
Accounts  closed  on  furlough  to  reserve, 

1031e. 
Additional  Pat — 

See  also  this  title,  Extra  duty  pay. 

Casemate  electricians,  699a. 


PAY  OP  ENLISTED  MEN— Continued. 
Additional  Pay — Continued. 
Certificates   of  merit,   rate,   719. 
Chief    loaders,    699a. 
Chief  planters,   699a. 
Coxswains,    690a. 
Export   riflemen,   699a. 
Gunners,  gun   pointers,   etc^   699a. 
Increase  for  reenlistment,  1034. 
Increases  in  time  of  war,  595b,  595c, 

705. 
Qualifying      in      marksmanship,     etc., 
.    rates,   699,    699a. 
Service  outside  United  States,  restric- 
tions,  642-044. 
Sharpshooters,   609a. 
Advancement  oir  Pay — 
at   Distant  stations,    649. 
to  Troops  about  to  embark,  050. 
ALLOTMENT.S  OP  PAY.     See  also  Allotments 
of  pay;  Family  allowances. 
Involuntary — 

Amount  of  allowance  and,  not  to  ex- 
ceed amount  of  support,  712u. 
Amount    of,    compulsory,    712d. 
Amount  of,  monthly  dependent  upon 

then  existing  conditions,  712z. 
Amount    to    divorced    wife    in   addi- 
tion to  other,   712f. 
Amount  to  illegitimate  child,  712e. 
Applicable  to  enlisted  men  of  mili- 
tary forces,  712b. 
Apportionment    of    allowances    and, 

between  classes  A  and  B,  712v. 
Compulsory  and  voluntary,  712c. 
Compulsory  prerequisite  to  payments 
of  family    allowance   to    class    A, 
71 2n. 
Conditions  prerequisite  to  payments 
of   family   allowances  to   class   B, 
712r,  712s. 
Deduction  of  and  payment  to  Treas- 
ury, 712w. 
Exemption     for     cause     from    addi- 
tional,   as    to    family    allowances, 
class  B,  712d. 
Investigations  as  to  allowances  and, 

712x-712z. 
Payments    to   Treasury    Department 
for  distribution,  712w. 
Voluntary — 

Amounts  and  regulations  for,  712g. 
Credits    for    payments    to    allottees, 

712,  712a. 
Dependent  families,  etc.,  711,  711a. 
Assignment  before  discharge,  invalid,  726. 
Chauffeurs.      See  Signal  Corps,  Enlisted 

men. 
Continuous  service.     See  this  title,  Serv- 
ice pay. 
Deductions — 

See  also  this  title.  Stoppages. 

for  Absence  due  to  intemperance,  etc., 

666. 
for  Absence  without  leave,  448. 
Allotments.     See  Allotments,  Involun- 
tary. 


712 


MILITABY  LAWS  OF   THE  UNITED  STATES^  1915. 


PAY  OF  ENLISTED  MEN— Continued. 
Deductions — Continued. 

Amounts   due  traders,   etc.,   at  recruit 

depots,  723. 
for  Damages  to  arms,  etc.,  690. 
Family    allowances.      See   Allotments; 

Family  allowances. 
Insurance.     See  Military  and  naval  in- 
surance. 
for  Soldiers'   Home  fund  discontinued, 

722. 
Subsistence  stores,  amounts  due,  725. 
Tobacco,  amount  due  for,  724. 
Unauthorized  absence  on  31st,  626. 
Defined   as   to   allotments,   family   allow- 
ances, etc.,  1483dd. 
Deposit  Fukd — 

Appropriation  for  interest,  716b. 
Deposit  of  unallotted  pay  to  credit  of, 

716c,  716d. 
Interest,    payment    of    principal    and, 

716d. 
Military,  etc.,  created,  716a. 
Tayment    of    principal    and    interest, 
716b,  716d. 
Deposits  of  pay.     Sec  also  Enlisted  men. 
DETAINED  Pat — 

During    Execution    of    suspended    sen- 
tence    to     dishonorable     discharge, 
727a,  1507a. 
by    Sentence    of    court-martial,    repay- 
ment, 727. 
During  captivity,  720. 
Expert    rifleman.      See    this    title.    Addi- 
tional pay. 
Extra-Ddtt  Pat — 

Disciplinary     barracks     guard,     rates, 

563a,  563c. 
Mess  stewards  and  cooks  at  recruit  de- 
pots, 563b. 
Prohibited  if  receiving  increased  pay, 

564,  568. 
Prohibited   in   time  of  war,  exception, 

567,  705. 
Rates  of,  562,  563,  563a,  563c. 
Family    allowances.      See   Family   alloio- 

anccs. 
Gratuity.     See  Gratuity. 
Gunners.     See  this  title,  Additional  pay. 
Increased.     See  this  title.  Additional  pay. 
Increased,  time  of  war,  695b,  695c,  705. 
Injured  persons  during  vocational  train- 
ing, 1293k. 
Manner  of  Patmbnt — 

in  Advance.     See  this  titlef.  Advance- 
ment of  pay. 
by    Checks    at   risk   of  United    States, 
027. 
Marksmanship,   qualifying   In.      See   this 

title,  Additional  pay. 
National    Army,    same    as    for    Regular 

Army,  1668. 
National  defense  act,  effect,  702a. 
Rates — 

for  Ordinary  service,  695,  695a,  695b, 
GD3. 


PAY  OF  ENLISTED  MEN— Continued. 
Retained  pay  abolished,  707. 
Retired  pay.     See  Retirement,  Army. 
Rules  for  division  of  time  in  computing, 

44h. 
Saving  clause,  702. 
Savings.     See  Enlisted  men. 
Service  Pat — 

Additional  pay  In  time  of  war  not  ap- 
plicable to,  695c. 
Computation  of,   commissioned   service 

In  National  Guard,  etc.,  1043d. 
Credit  for  service  in  Philippine  Scouts, 

710. 
Credit  for  service  In  Volunteers,  709. 
Enlistment  period,  three  years,  1031d. 
Rate,  when  paid,  etc.,  708. 
Receipt  of,  bar  to  compensation  for  dis- 
ability, 1483WV. 
Reenlistment     within     three     months, 
1034,  1043c,  1043d. 
Sharpshooters.     See  this  title.  Additional 

pay- 
Stoppaobs — 

See  also  this  title.  Deductions. 
Desertion,     removal     of     charge.     See 

Desertion. 
by    Sentence    of    court-martial,    repay- 
ment, 727. 
Travel  pay  on  discharge,  721. 
during  Suspended  sentence  of  dishon- 
orable discharge,  727a. 
BBTOND  United  Statbs — 

Rate,  restrictioM,  642-645. 
Wab  Pat — 

Increase  of  20  per  cent,  705. 
PAY  OF  OFFICERS: 

for  pay  of  a  particular  class  of  officers, 
see  the  specific  title;  see  also  Pay  of 
Army. 
Additional  Pat — 

Brevet  rank  does  not  give,  638. 
for    Exercising    higher    command,    re- 
strictions, 639,  640. 
for  Foreign  service,  642-645. 
below    Major,     who    furnish    mounts, 

037. 
for  Service  outside  United  States,  re- 
strictions, 642-644. 
Advancement  at  dista&t  stations,  649. 
Allotments.     See  also  Allotments  of  pay. 

Commissioned  officers. 
Allotments  of  Pat — 

Credits     for     payments     to     allottees, 

712a. 
Dependent  families,   etc.,   711a. 
Appointed  during  Civil  War,  though  not 

mustered  in,  455,  455a. 
Assignment  authorized,   647,   648. 
Citizens  designated  for  training,  1574b. 
Deductions.     See  also   this   title.   Stop- 
pages. 

for  Absence  due  to  Intemperance,  066. 
for  Absence  without  leave,  061. 
for  Damage  to  arms,  etc.,  690,  691. 
Indebtedness  to  United  States,  694. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 


713 


T^Y   OF  OFFICERS — Continued. 
Deductions — Continued. 

InBurancc.     See  Military  and  naval  in- 
surance. 

for  Subsistence  stores  purchased,  692. 
Forfeiture.     See  this  title.  Stoppages. 
Increased.    See  this  title,  Additional  pay. 
Defined   as   to   compensation,    insurance, 

etc.,  1483dd. 
General,  allowances  and,  350e. 
Lieutenant  General,  allowances  and,  350e. 
Longevity  Pat — 

below  Brigadier  general,  rate,  652. 

no  Credit  for  cadet  service,  057. 

Computation  to  include  details  to  ac- 
tive duty,  975c. 

Credit  for  service  in  Navy,  656. 

Credit  for  volunteer  service,  655. 

Limitation  upon  amount  of,  653. 

Retired  officers  not  to  receive,  excep- 
tion, 659,  975c. 
Manner  of  Patmbnt — 

in  Advance  at  distant  stations,  649. 

Monthly  by  paymasters,  674. 
Maximum  amount  for  certain,  654. 
National    Army,    same    as    for    Regular 

Army,   1668. 
Rates — 

for   Different  grades,   fixed,   635. 
Repayment  to  United  States — 

for  Defect  in  title  to  office,  etc.,  457. 
Retired  pay.     See  Retirement,  Army. 
Saving  clause,  702. 
Service   pay.      See   this   title,   Longevity 

pay. 
Service  pay,  receipt  of,  bar  to  disability 

compensation,  1483vvv. 
Stoppages — 

See  also  this  title.  Deductions. 

Forfeiture    by    unauthorized    absence, 
667. 

Removal  by  accounting  officers,  641. 

for  Unauthorized  absence  on  31st,  626. 
Beyond  United  States — 

Rate,  restrictions,  642-645. 
War  Pay — 

When    officer    holds    higher    command, 
639. 
PAYMASTER  GENERAL : 

See  also  Pay  Department,  Quartermaster 

Corps. 
Deputy  paymasters  general,  duties,  620. 
Duties,  under  direction  of  President,  619. 
Paymasters.     See  Paymasters,  Army. 
Paymaster's   accounts,   to  examine,   etc., 

623. 
Paymaster's  clerks,  duty  In  office  of,  623. 
Table  of  distances  to  be  prepared  by,  676. 
PAYMASTERS,  ARMY: 
See  also  Pay  Department. 
Accounts.     See  Pay  Department. 
Additional  paymasters,  appointment,  614. 
Additional  paymasters,  duties,  621. 
Additional  paymasters,  terms  of  service, 

615. 
Bond,    President    may    regulate    and    in- 
crease, 186. 


PAYMASTERS,   ARMY— Continued. 

Claims    of,    for    relief,    before    Court    of 

Claims,  277. 
Clerks.     See  Pay  Department. 
Duties,  621. 
Losses  by,  without  fault,  decrees  in  cases 

of,  280. 
PENALTY   ENVELOPES.      Se«  Envelopes. 
PENITENTIARIES  : 

See  also  Articles  of  War. 

Manufacture  of  Government  articles  by 

prisoners,  822a. 
Officers  in  confinement  in,  dropped,  993, 
Sentences  to  confinement  in,  authorized, 

475c. 
PENSION   ROLL: 

Civil,  establishment  of,   forbidden,  38. 
PENSIONS  : 

See    also    Injuries    to    Government    Em- 
ployees; Military  and  Ha^ai  Compen- 
sation. 
Army — 

Persons     entitled,     restriction,     1482, 
1493. 

Provisions    for,    superseded    by    death 
and     disability     compensation, 
1483WWW. 
Assignment — 

by  Inmates  of  Soldiers'  Home,  1520. 
Beneficiaries.     See  this  title,  Persons  en- 

titled  to  receive. 
Children's  Pensions — 

Increase  for  each  child  under  16,  1497, 

Not  reduced,  1498a. 

Rate  increased,  1498. 

Under  16  years  of  age,  entitled,  1496. 
Civil  Wab — 

See  also  throughout  this  title. 

Deserters  restored,  entitled  to  pension, 
446. 

Widows',  minimum  rate,  1498h,  1498i. 
Claims — 

Absence  on  sick  leave,  how  regarded, 
1494. 

Dependent  relatives  entitled,  1500. 

Repatriated     American     citizens     who 
served  In  foreign  armies,  1468d. 
Coast   and   Geodetic    Survey,   disabilities 

while  with  Army,  etc.,  534k. 
Commissioner  of,  to  administer  military 

and    naval     compensation    provisions, 

1483bbbb. 
Disabilities — 

See  also  Military  and  naoai  compensa- 
tion.  Disability. 

Arm  or  leg,  loss  of,   1488. 

Contracted  in  line  of  duty,  1483. 

Foot  or  hand,  loss  of,  1489. 

Hand  and  foot,  loss  of,  1487. 

Hand  or  foot,  loss  of,  1489. 

Leg  or  arm,  loss  of,  1488. 

Permanent,  specific,   1486. 

Requiring  constant  attendance,  1400. 

Requiring  frequent  attendance,  1  i91. 
Payment — 

to    Soldiers'    Homes    of   inmates'    pen- 
sions. 1520. 


714 


MILITAEY   LAWS  OF   THE   UNITED   STATES,   1015. 


PENSIONS — Continued. 

Persons  Entitled  to  Receive — 

See  also  Military  and  naval  compensa- 
tion. 

Children.     See    this    title,     Children's 
pensions. 

Dependent  relatives,  1500, 

Deserters,    after    removal    of    charge, 
44G.  451. 

Enli.stcd  Reserve  Corps,  1589. 

Euuniorated,  1481-1483. 

Medical    Reserve    officers,    restrictions, 
748. 

Militia   personnel,   disability  in  actual 
service,  1348. 

National  Guard,  1339e,  1339j. 

Officers'  Reserve  Corps,  1546,  1571, 

Period   of  service,    1495. 

Regular  Army  Reserve,  1031m. 

Temporary  second  lieutenants,  1571. 

Volunteers,    same   status   as    Regulars, 
1394. 

Widows.     See  this  title.  Widows'  pen- 
sions. 
Philippine  Insuhbection — 

Widows'  minimum  rate,   1498h,  14981. 
Public    Health    Service    officers    serving 

with  Army  entitled  to,  534q. 
Rates — 

See  also   this  title,  Disabilities;  Wid- 
ows'  Pensions. 

According  to  rank,  1484,  1485. 

for    Disability    requiring    attendance, 
1490,  1491. 
Division  of  $18  rate,  1492. 

for     Permanent      .specific     disabilities, 
1486. 
Remak&iage 

of  Widow,  etc.,   not  to  bar  right  of, 
1501. 
Soldiers^  Homes — 

Assignment,  etc.,  of  Inmates'  pensions, 
1520. 
Widows'  Pensions — 

See  also  Military  and  Naval  Compensa- 
tion. 

Addition    for    eacii    child    vmder    16, 
1497. 

.Child  oa  reniarrla.ge,  149Sc. 

Commencement  at  death  of  husband, 
1496. 

Dropped  for  remarriage,  reinstatement 
if  again  a  widow,  1498b. 

Extended  to  those  dropped  for  remar- 
riage, 1498d. 

Laws    not   affected   by    minimum   rate 
for.    14981. 

Marriage,  restrictions  as  to  time,  1499. 

Minimum  rate  for,  1483h,  14831. 

Not  reduced,    1498a. 

Rate,  etc.,  1496. 

Rate  at  age  of  70  years,  1498a. 

Rate  if  married  prior  to  June  27, 1905, 
1498e. 

Rate  increased,  1498,  1498a,  1498h. 
^     Reinstated,  commencement,  1498b. 
'     Bemarriage  not  to  bar  right  of,  1501. 


PENSIONS — Continued. 

Widows'  Pbnsions — Continued. 

Restrictions     on     fees     to     attorneys, 

1498g. 
Where    pension    has    been    granted    to 
child,   1498f. 
PEONAGE : 

Abolished  in  New  Mexico,  1455,  1456. 
PER  DIEM  ALLOWANCE  : 

for  Civilian  employees,  Ordnance  Depart-    ■ 

ment,  traveling,  857a,  857b. 
Employees   traveling   outside  District   of 

Columbia,    96c,    90d. 
Engineer  Department,  traveling,  808a. 
of  Inspectors  of  Panama  Canal  account*, 

200a. 
for  Members  Ordnance  Board,  877. 
Officers  not  occupying  quarters  at  prov- 
ing ground,   825b. 
to  Receive  pay  for  holidays,  54-56, 
PER  DIEM  EMPLOYEES  : 

Computation    of   increased   pay,   method, 
44i. 
PERIODICALS  : 

See  also   Newspapers, 
Foreign  Languages — 

Under  permit  to  hear  certificate  as  to,   l 
253j. 
Subscriptions,  payment  in  advance,  77a. 
PERJURY : 

See  Search  warrants. 
False    statements    In    claims    for     com- 
pensation,    family     allowances,     etc, 
148311. 
PERMITS  : 

for    Examination    of    ruins,    etc.,    1280, 
1287. 
PERSON : 

Defined.      See    Trading   with    enemy. 
PERSONAL   INJURIES: 

to  Laborers,  artisans,  etc.     See  Injuries 

to    Oovernmcnt    employees;    Laborers. 

PERSONAL      PROPERTY.        See      Publio 

property. 
PERSONAL    SERVICES.      See    Executive 

departments. 
PETITION  : 

to  Congress,  by  employees  permitted,  42. 
to     Court    of    Claims.       See    Court    of 
Claims. 
PETTY   OFFICERS: 

Defined    as    to    allotments,    allowances, 
etc.,   1483Z. 
PHILIPPINE    CONSTABULARY: 
See  also  Philippine  Islands. 
Chief  and  assistants,  detail  of,  384,  941. 
Chief  and  assi.stants,  detail  not  covered 

by  detached-service  law,  937. 
Chief  and  assistants,  rank  and  pay,  941. 
Philippine  Scouts  may  assist,  340. 
PHILIPPINE  INSURRECTION  : 

Bronze  medal  to  volunteers,  suppression 

of,    1013b,    1013c. 
Pensions,   minimum   for  widows,   service 

in,  1483h,  14S3i. 
Persons  who  served  in,  entitled  to  bene- 
fits   of    National    Home    for    Disabled 
Volunteers   Soldiers,  1502  b. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915, 


715 


PHILIPPINE    ISLANDS: 

See  also  Philippine  ConHabtAary ;  Phil- 
ippine  Scouts. 

Appointments  from,  to  Military  Acad- 
emy,   1143,    1143a. 

Banks  in,  designation  as  United  States 
depositaries,    182. 

Contract  aargreons  In,  assigtiment  of  pay, 
740. 

Discriminatfon  against  uniform,  penalty, 
1010. 

Employees  detailed  in,  pay,  3G2b. 

Enlisted  service  In,  counted  double,  1040, 
1041. 

Insane  FillpLnt)  soldiers,  treatment  of, 
1527. 

Jurdisdiction  of  courts  over  offenses 
under   espionage  titles,   1475r. 

Jurisdiction  of  courts  over  offenses 
under  Trading  with  Enemy  Act, 
1425un. 

Leave  of  absence  to,  commencement,  etc., 
GG5. 

National  defense  secrets,  courts  in,  given 
jurisdiction  over  offenses  in  connec- 
tion   witii,    13171. 

Service  on  transports,  pay  for  foreign 
service,   645. 

Shelter  of  troops  in,  reports  of  expendi- 
tures,   548. 

Tour  of  duty  of  officers  in,  330a. 

Transfer  of  stores  to  Government,  417. 
PHILIPPINE   SCOUTS  : 

See  also  Philippine  Islands. 

Appointment  of  officers  to  vacancies  in 
grade  of  second   lieutenant,  331d. 

Captain   of,  creation   of   office,   etc.,   339. 

Captain  of,  limitation  of  number,  etc., 
339. 

Commissioned  service  in,  by  enlisted 
men.  Sec  Pay  of  enlisted  men;  Re- 
tirement,  Armu. 

Enlisted  men,  pay  and  allowances,   338. 

Enlistment  of  native  troops  authorized, 
335. 

Excepted  from  limitation  on  tour  of 
duty,  330a. 

Excluded  from  total,  strongth  ef  line, 
332e. 

Insane,  care  and  treatment  of,  1527. 

Lieutenants,  natives  may  be  appointed, 
337. 

National-defense  act,  effect  on,  1106a. 

Ofliceira,  appointment,  second  lieuten- 
ants,  331d. 

Officers,  provisional,  pay,   338. 

Officers,  selection  for  command,  33G. 

Retibkmbnt — 

Captains  and  lieutenants,   339a. 
Double    time    for    foreign    service    not 

counted,    339b. 
Former  officers,  339c,   339d. 
Not  part  of  limited  retired  list,  339d. 
Schaaf,  Bernard  A.,  339e. 

may  Serve  under  Constabulary  officers, 
340. 


PHOTOGRAPH :  i 

See   Engravings.  i 

Unlawful,     penalty     for     making,     ete^s 
1317i-1317t.  ' 

PHYSICAL   EXAMINATION  : 
National   Guard — 
Muster  in,   1339f. 
Muster    out,    1339g. 
PHYSICIANS  : 

Employment  of  civilian,  779. 
PHYSIOLOGY  AND  HYGIENE  : 

Study  of,  at  Military  Academy,  1161. 

PICTURES.      See  Engramngs. 

PIECEWORK :  ^ 

Computation   of,    increased   pay   for   emy  { 

ployees   on,  441.  i 

PISTOLS :  H 

Automatic,  dlstribation  t<y  Militia,  1370,, 

PLANTS :  \ 

Manufacture    of    arms.      See    Munition^ 

plants. 
Manufacture   of   aircraft,   etc.      See   Siff4 
nal    Corps,   Aviation.  .» 

PLEDGE :  ! 

Receiving    public    property    as,    penalty^ 
220. 
PLOTTERS  :  f| 

Additional  pay  for  qualifying,  699,  699aij ' 
Authorized  number  not  to   be  increased^ 
700. 
POLICIES :  }| 

Insurance.      See   Military   and   naval  itU 
siira7ice.  i| 

POLITICAL  CONTRIBUTIONS:  { 

Soliciting    by    officers    prohibited,     172-^, 
176.  r 

POLO   PONIES:  { 

Purchase  of,  for  Military  Academy,  542* 

PORT  OF  ENTRY:  -l 

During      in.surrections.        See     Insurreo^ 

tions.  d 

PORTO  RICO:  '■■ 

See  also  Porto  Rico  Regiment. 

Banks   in,   designation   as   United   Statei 

depositories,   182. 
Citi:?ens  of,  appointed  to  Military  Acad* 

eiiiy,  1142. 
Citizens  of,  may  be  second  lieutenants  U 

Porto  Rico  Regiment,  342,  347. 
Citizens  of,  may  enlist  in  Army,  349. 
Discrimination  against  uniform,  penaltyg 

1010. 
Enlisted  men,  service  in,  pay,  644. 
Enlisted  service  in,  counted  double,  1040, 

1041. 
National  Guard,  1321a. 
Surgeons  in,  assignment  of  pay,  740. 
PORTO  RICO  REGIMENT  : 

Captains,     recom  missioned     in     Regulai 

Army,  346a-346c. 
Colonel,  345a. 

Commanding  officer,  detail,  384. 
Creation,'  341. 
Designation  changed,  344. 
Detached-service  law  does  not  cover  duty 
with,  937. 


716 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


PORTO  RICO  REGIMENT — Continued. 
Enlisted  men,  citizenship,  343a. 
Enlisted   men,  pay   and  allowances,   341, 

342,  343a. 
Enlistment,  term  of,  341-343,  343a. 
Field   oflacers,   appointment   and   number, 

345,  345a,  345b,  348a. 
Officeks — 

Appointment,  341,  347a. 
Detail,  transfer,  etc.,  345b. 
Grades  of  lieutenant  colonel  and  cap- 
tain, how  filled,  345b. 
Pay  and  allowances,  341,  343a,  348. 
Promotion,  limitation,  342. 
Promotions,  by  seniority,  348,  348a. 
Rank,   who   held   commissions   in   Pro- 
visional Regiment,  346d. 
Recommission,  346,  346a. 
Retirement,  348. 
Organization,  341a. 
Service    outside    island    of    Porto    Rico, 

343a,  349. 
Vacancies  in  grade  of  second  lieutenant, 
how  filled,  342,  347,  347a. 
PORTS : 

Closed   during  insurrection.      See  Insur- 
rection. 
POSSE  COMITATUS  : 

.    Army  not  to  be  used  as,  exceptions,  1477, 
1480. 
Civil  rights  cases,  aid  of  process,  1449. 
in  Hawaii,  governor  may  summon,  1478. 
POSTAGE : 

Lettere   of   soldiers   in   foreign   countries 

transmitted  free,  251a. 
Letters  of  soldiers  may  be  forwarded  un- 
paid, 251. 
POSTAGE  STAMPS : 
See  also  Mail  matter. 
OfiScial   use,   I'ostmaster   General   to   fur- 
nish,  126. 
POSTAL  GUIDE,  OFFICIAL : 

Supply  for  executive  departments,  1236c. 
POSTAL  SERVICE  : 

Jurisdiction     of     offenses,     transmitting 

nonmailable  matter,  253e. 
Persons   in,   to  take  oath,   before  whom, 

249,  250. 
Punishment  for  using,   to  transmit  non- 
mailable matter,  253d. 
POST  BAKERIES  : 

Purchase  of  equipment  for,  1237. 
I'OST  CARDS.     See  Letters. 
rOST  CHAPLAINS.     See  Chaplains. 
rOST    COMMISSARY    SERGEANTS.      See 

Commissary  sergeants. 
I  OST  EXCHANGES  : 

I'ublic  buildings,  when  may  be  used  for, 

1294. 
Public  funds   not   to  be  expended   upon, 

1294. 
Public  transportation  may  be  furnished, 

1294. 
Sale  of  intoxicating  iiv^wt  lu,  pu,?iiiDited, 


POST  GARDENS: 

Public  money!^  not  to  be  expended  upon, 
518. 
POSTMASTER  GENERAL: 

Contracts    for    all    envelopes,    plain    and 

penalty,  254a,  254b. 
Furnish    copies    of    permits   and    revoca- 
tions,    publications     in     foreign     lan- 
guases,  253J. 
Furnish  postage  stamps  for  official  tise, 

126. 
Oath    of    office,    before    whom    may    be 
taken,  249,  250. 
POSTMASTERS  : 

Premium  for  securing  recruits,  1032a. 
POST    NONCOMMISSIONED    STAFF    OF- 
FICERS: 
Part  of  Regular  Army,  331a. 
I'OST  OFFICES: 

at  Military  posts,  1294a. 
POST  ORDNANCE  SERGEANTS: 
See  also  Ordnance  sergennta. 
Pay,  695. 
POST  QUARTERMASTER  SERGEANTS. 

See  Quartermaster  sergeants. 
POSTS.     See  Military  posts. 
POST  SCHOOLS: 

Purcha.se  of  equipment  for,  1237. 
POST  TRADERS,  723. 

I'OTATOES.     See  Food  and  fuel  conserva- 
tion. 
I'OWDER.     Sale  or  exchange  of  unservice- 
able, 837. 
POWERS  OF  ATTORNEY: 

Certain,   granted   by   enemy,   etc.,   valid, 

142500. 
to  Receive  payment  of  claims,  240. 
PRACTICE  MARCHES: 
of  Militia.     See  Militia. 

PREMIUMS  : 

for  Accepted  recruits,  1032,  1032a. 

on  Bonds,  maximum  rate,  etc.,  393. 

Bonus,  cash  reward,  or  to  employees, 
864a,  864b. 

Insurance.  See  Military  and  naval  in- 
suraiice. 

on   Sales   of  Treasury   notes,   accounting 
for,  402. 
I'RESIDENT   OF  ARMY   WAR   COLLEGE. 

See  Army  War  College. 
PRESIDENT  OF  THE  UNITED  STATES: 

for  other  matters  over  u^hich  the  Presi- 
dent has  less  direct  control,  see  the 
specific  title. 

ArrOlKTMENTS — 

of  Chaplains,  902-904. 

of  Commanding  general.  District  of 
Columbia  Militia,  1372. 

at  Military  Academy,  1108,  llOSa. 

of  Officers  after  adjournment  of  Sen- 
ate, 9. 

in  Oflacers'  Reserve  Corps,  1533. 

Power  to  make,  7. 

of  Volunteer  officers,  1380. 

Without  consent  of  Senate,  10, 


MILITARY  LAWS  OF   THE   UNITED   STATES,   1915. 


717 


PRESIDENT  OF  THE  UNITED  STATES — 
^         Continued. 
Armt — 

See  alio  throughout  this  title. 

Commander  In  Chief,  2. 

Commission  in  to  be  signed  by,  925. 

Contemptuous  or  disrespectful  words 
concerning,  62  A.  W. 

Enlisted  strength  of  line,  1105. 

Medals  of  honor,  1013. 

Paymasters,  etc.,  may  increase  bonds, 
185. 

Prescribe  new  organizations,  356a. 

Punishments,  limit  of,  prescribed,  45 
A.  W. 

during  Recess  of  Congress,  8. 

Regulations,  publication  of,  824. 

Retiring  boards,  review  of  proceedings, 
980. 

Sale  of  military  stores,  1261. 

Transportation  of  troops,  preference 
to,  525. 

Uniform     and     clothing     issues     pre- 
scribed, 571. 
Designation    of    property    custodian. 

White  House,  109a,  109b. 
Enlisted  men — 

Certificates  of  merit  for,  1018. 

Citizenship,   may  remit  loss  of  rights, 
1052. 
Executive  departments— 

to  Designate  acting  chiefs  of  bureaus, 
146. 

Designating  acting  heads,   15. 
Executive  oppicbs — 

Details    of    clerks    to,    from    executive 
departments,  12,  12a. 
Insurrections.      See  Insurrection. 
Marine  corps — 

Shore  duty,  304. 
Military    reservations.       See    this    title. 

Public   lands. 
Militia — 

Appointments.  See  this  title,  Ap- 
pointments. 

Apportionment  to  States,  1341. 

Commander  in  Chief  of  District  of 
Columbia,    1371. 

Enlisted  strength  of  company,  troop, 
etc.,   1326. 

Use  of,  to  suppress  domestic  violence, 
1418. 
National  Army — 

Discharge  of  officers  of,  1666. 

Report   of   military    board    as    to    con- 
duct,  efBciency,   etc.,   of   officers   of, 
1667. 
National  Guard — 

Authorized  to  draft  into  service, 
1339h-1339n. 

Disbandment  forbidden  without  con- 
sent of,  1325n. 

Prescribe    organixation,    1325a,    1325v. 

Report  of  military  board  as  to  con- 
duct, efficiency,  etc^t  ot  officers  of, 
1067. 


PRESIDENT.  OF  THE  UNITED  STATES— 

Continued. 
Neutrality,    enforcement    of.      See    NeU' 

trality. 
Office.     Sec  this  title.  White  Houae, 
Officers — 

Brevets.     Sec  Brevet  rank. 

Dismissed  by,  right  to  trial,  904. 

Engineers,  duty  outside  profession, 
789. 

Examination  prescribed  by,  930. 

Retirement,  at  discretion  of  President, 
963. 
Pay  of  Army — 

Advance    to    persons    at    distant  sta< 
tions,  649. 
Powers  and  duties — 

See  also  throughout  this  titU. 

Acts  of  Allen  Proi>erty  Custodian  un- 
der regulations  creates  no  liability 
In  court,  14241. 

Buildings  erected,  consent  of  States, 
1275. 

Civil  Service,  regulations  for  admis- 
sion, 163. 

Extradited  persons,  protection  of,  1476. 

Foreign  intercourse  fund,  payments 
from,   190. 

Lands  held  in  trust,  obtain  release, 
1279. 

Naval  officers  to  inspect  Army  trans- 
ports,  308. 

Opinions  of  department  heads,  may  re- 
quire, 2. 

Pardons,  2. 

Transfer  officers  from  retired  to  ac- 
tive list,  958a,  958d. 

Treaties,  7. 
Proclamation — 

Calling  for  volunteers,  1384. 

of  Neutrality,  penalty  for  violation, 
1475. 

Designation  of  prohibited  places,  na- 
tional  defense,  1317hi. 

Exports,  certain.  In  time  of  war  un- 
lawful, 1475m-1475p. 

Importation  of  certain  articles  pro- 
hibited by,   1431a. 

National  emergency.  See  Vessels  in 
ports  of  United  States. 

Peace,  transportation  of  National  Army 
forces  to  home  station,  1640b. 
Public   lands — 

Military  reservations,  disposition  of 
useless,  1281. 

Reservation  of  parcels  of  land,  1285. 

Unlawful  Inclosures,  removal,   1318. 
Rations — 

Issuance  to  Indians  at  posts,  599. 

Substitute  equivalent,  593. 
.  Regulations  for  food  and  fuel  conserva- 
tion, 1680. 
Succession  to  Presidency — 

Eligibility  rules  same  as  for  election,  ft. 

Order  of,  5, 

Vice  President,  4. 


718 


MILITARY  LAWS  OP  THE  UNITED  STATES,  1915. 


PRESIDENT  OP  THE  UNITED  STATES— 

Continued. 
Tekm  ov  office— 

Commencement,  3. 

Pour  years,  1. 
Threats  against—  • 

Penalty  for  making,  la. 
War — 

Transportation  of  troops,  preference  to, 
525,  525a,  525b. 
White  House — 

Chief  of  telegraph  at,  881. 

Detail  of  clerks  to  duty  In,  12,  12a. 

Military  storekeeper,  retention  of,  513. 

VOLDNTKEa  rOUCES 

Officers,  appointment,  1386. 
Organization  into  brigades,  etc,  1385. 
Proolamation  calling  for,  1384. 
PRINCIPAI.  MUSICIAN.     Pay,  701. 
PRINCIPALS  : 

on  Bonds,  duration  of  liability,  396. 
PRINTING  AND  BINDING  : 

Appropriatons  for,  availability,  115. 

Army,  may  be  procured  by  contract,  etc, 
during  hostilities,  112b-112d. 

Cost,  in  Court  of  Claims,  losing  party  to 
pay,  289. 

Estimates  for.  Information  to  accompany, 
115. 

for  Executive  departments.  See  Execti- 
tive  departments. 

Joint  Committee  on,  continuance,  vacan- 
cies, etc.,  114a. 

National  Guard,  may  be  procured  by  con- 
tract, etc.,  during  hostilities,  112b- 
112d. 

for    Quartermaster's    Department^    1236, 
1236a,  1236b. 
PRINTS.     See  Newspapers. 
PRIORITY  ; 

of  Surety  on  bonds,  223. 

of  United  States,  221,  222. 
PRISONERS : 

See  also  Articles  of  War. 

at  Disciplinary  barracks.  See  Disciplin- 
ary  barracks. 

Limitation  on  allowance  for  keeping  and 
feeding  suspended,  776c. 

Manufacture  of  Government  articles  by, 
8  22a. 

at  Military  prison.     See  Military  pHson. 

of  War,  admission  to  Government  Hospi- 
tal for  Insane,  1525a. 

of  War,  medical  care,  77G. 

of  War,   pfiy  while  held,   720. 
PRISONERS  OP  WAR: 

Adrulssion  to  Government  Hospital  for 
Insane,  1525a. 

]\Ie<lical  treatment,  etc.,  770d. 
PRISONS : 

See  also  Disciplinary  barracks. 

Military  prison.     See  Military  prison. 

Officers  in  confinement  dropped,  993. 
PRIVATE  INJURIES  : 

Foreign  Governments,  redress  of,  1415h. 
PRIVATE  MUNITIONS  PLANTS.    See  Mu- 

nitons  planta. 


PRIVATE  PROPERTY.     See  Property. 
PRIVATES : 

of  particular  organizations,  see  the  spe- 
cific title.     See  also  Enlisted  men. 
Pay,  for  different  arms  of  service,  698. 
Pav,  in  staff  departments,  698. 
PRIVATES,  FIRST  CLASS  : 

Medical  Department,  percentage,  766f. 
Pay,   G»6a. 

Signal  Corps,  percentage,  890a. 
PRIZES  : 

See  also  Trophy,  National. 

Captured  from  insurgents,  condemnation, 

1428. 
Defrauding    United    States    of    captured, 

penalty,  1267. 
to   Graduates   of  school   for   bakers  and 
coolis,    1188. 
PROCEEDS  OF  SALES.     See  Sales. 
PROCLAMATION    OF    PRESIDENT.     See 

President  of  tlie  United  States. 
PROFESSORS : 

at     Military      Academy.      See      MiUtary 
Academy. 
PROMOTIONS,  ARMY: 

of   a   particular  class   of  officers   or  en- 
listed men.     See  the  specific  title. 
Enlisted  Men — 

to   Second   lieutenants,   provisions   for, 
019-921,  331d,  331f. 
Officers — • 

in   a  particular  corps   or   department. 

See  the  specific  title. 
Line.     See  Officers,  Army. 
Staff    departments.     See    Staff    depart- 
ments. 
PROPERTY : 

See  also  Articles  of  War;  Public  property. 
Alien  enemy.     See  Trading  with  enemy; 

Alicii  Property  Custodian. 
Captured  on  high  seas,  jurisdiction  ovtr, 

302. 
Civil  rights  with  respect  to,  1443, 
Claims  settled  by  Auditor   for   War   De- 
partment   on    recommendation   of    Sec- 
retary of  War,  lG2a. 
Confiscation  of.     See  Insurrection. 
Damage  to,  from  gunfire,  etc.,  claims  for, 

162. 
Destruction.     See  Articles  of  War. 
During  insurrection.     See  Insurrection. 
Lost  in  military  service,  claims  for,  217, 

217a,  217b-217g. 
Returns,  Signal  Corps,  901a. 
PRO  RATA  LEAVE: 

Employees  of  armories  and  arsenals,  etc., 
857e. 
PROVING  GROUND : 

See   also    Aviation   fields;   Aviation    sta- 
tions; Military   posts;  MiUtary  reser- 
vations ;  Reservations. 
Acquisition  of  sites  for,  1274e,  12741. 
Brick   house  on,   not   "  public   quarters," 

825a. 
Commandeering  land  for,  12741. 
Method  of  determining  just  compensation 
for  land  taken,   1274m. 


MILITARY  LAWS  OP  THE  UNITED  STATES,  1915. 


719 


PROVING  GROUND— Continued. 

Per  diem  expenses  of  officers,  825b. 
Possession  to  be  tafcen  of  land  on  failure 

to  purchase,  12741-1274n. 
Regulate  use  of  navigable  waters  in  con- 
nection with,  1315c,  1315d. 
Requisitioning  land  for,  12741. 
Testing  ordnance  material,  1274k. 
Title  to  land  taken  immediately  vests  In 
Government,  12T4n. 
PROVISIONAL  ARMY: 

Se<;  \ational  Home  for  Disabled  Vohm- 
tcer  Soldiers,  Persons  entitled  to  bene- 
fits of. 
PROVISIONAL  REGIMENT : 

Field  Artillery  or  Infantry,  orCT,nlzation 

of  Cavalry  Into,  1071b,   lOTic. 
in  Porto  Rico.     See  Porto  Rico  regiment. 
PUBLIC  ANIMAI/S.     Bee  Horses. 
PUBLICATIONS.      See  also   Mail  matter; 
Neicsp^i>er9. 
Advocating  treason,  nonmailable,  253c. 
Distribution  by  Public  Printer,  85. 
FoRiiiGN  Languages — 

Copies  of  permits  and  revocations  of, 

253j. 
Filing      translation      before      mailing, 

253g-253h. 
Matters   unlawful   to  be  published   in, 

253f. 
Nonmailable,  when,  253h. 
Permits  to  publish,  2531. 
I*unishment  for  making  affidavit  con- 
taining false  statement,   253k. 
Nonmailable  matter,  when,  253a. 
PUBLIC  BUILDINGS: 

for  a  particular  building,  see  the  specific 

title.     See  also  Buildings. 
Appbopuiation — 

Cost    of    construction    not    to    exceed, 

1191,  1192. 
for  Sites,  cost  not  to  exceed,  1193. 
Unexpended  balances  available,  192. 

CONSTUUCTIOX 

Cost  not  to  exceed  appropriation, 
1191. 

Limit  of  cost  at  posts,  without  ap- 
proval, 546,  54Ga. 

by  Quartermaster's  Department  by 
contract,  546,  515a. 

CONTUACTS 

After  advertising  In  Quartermaster 
Department,  54^  546a. 

Appropriations.  See  this  title,  Ap- 
provriations. 

Bonds,  to  cover  labor  and  material, 
1217. 

Bonds,  suits  for  labor  and  material  on, 
1217. 

Eight-hour  law  to  be  observed,  1219. 

Separate  for  two  or  more,  1209. 
DiSTBicT  OF  Columbia — 

Draping  in  mourning  prohibited,  122. 

Equipment,  etc.,  Aviation  Section,  Sig- 
nal Corps,  8S9pp. 


PUBLIC  BUILDINGS— ContHiiied. 
District  oir  Columbia — Continued- 
Leases    of,    99,    99a,    9db,    118,    120, 

1372a. 
Leases     of     storage     accomiBodations, 

99b. 
Price  of  gafl  for  limited,  122a. 
Public  grounds,  etc.,  express  authority 
for,   1279bi. 
Estimates — 

Limit  of  expenditures  wtthout  submit- 
ting, 546a, 
Plans  to  accompany,  97. 
Hq^pitals,    limit  of    cost   where   not    au- 
thorized by  Congress,  547h. 
for  Post  exchanges,  518. 
Preference   to   American   material,   1234, 

1234a. 
Repair  amd  construction  under  Quarter- 
master Corps,  515a. 
Sites — 

Cost     not     to     exceed     appropriation, 

1193. 
Title     papers     to     Attorney     General, 

1290. 
Title    to     be    approved     by    Attorney 
General,  1290. 
Temporary,    aviation   stations   on   public 

land,  889rr. 
Temporary  offices  for  War  and  Navy  De- 
partments, 154d. 
PUBLIC  BUSINESS: 

Condition  of,  in  Book  of  Estimates,  102. 
in  Executive  departments,  report  of,  108. 
Extension    of    hours    of    labor    when    in 

arrears,  49. 
Monthly  report  as  to  condition,  49. 
Signal      Corps     to      collect     forwarding 
charges     due     commercial     companies, 


PUBLIC  DOCUMENTS.     See  Doouments. 
PUBLIC  FUNDS  : 

See  also  Public  moneys. 
Militia  olficers  furnished,  for  coffee,  etc., 
1350. 
PUBLIC  GROUNDS: 

District    of    Columbia.      See   District    of 
Columbia. 
PUBLIC-HEAI/TH   SERVICE: 

Officers,  subject  to  Article  of  War  when 

serving  with  Army,  534q. 
Status  and  rights  of  officers  when  serv- 
ing with  Army,  etc.,  534q. 
PUBLIC     IMPROVEMENTS.       See    Publio 

buildings. 
PUBLIC  L\NDS: 

See    also   Public   property;   Donation    of 

lands. 
Conveyed     to     Individuals     for     use     of 

United  States,  1278. 
Desert  lands.     See  Desert  lands. 
Homesteads  on.     See  Homesteads. 
Inclosarea,  destroying  or  invading,  1314. 
Leasing  of  certain  authorized,  1279. 
Military  reservations.     See  Military  rea- 

er  cations. 
Mining  claims.     See  Mining  claims. 


720 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


PUBLIC   LANDS— Continued. 

Monuments  of  surveys,   molesting,    1313. 

Purchases  of,  must  be  authorised,  1274. 

Removing  unlawful  inclosures,  1318. 

In   Reservations   not   subject   to   preemp- 
tion, 1268. 

Rights    of   way   across,    forfeited,    when, 
1283. 

Rights  of  way  far  highways  over,  1283a. 

Rights  oT  way,  granting,  1282,  1283. 

Rights  of  way,  revocation,  1282. 

Trees  on,  penalty  for  chipping,  etc.,  1312. 

Trees  on,  penalty  for  cutting,  1311,  1313. 
PUBLIC  MONEYS  : 

See  also  Public  property. 

Acounting.      See      Accounting      Officers; 
Accounting  of  public  money. 

Accounts,  failure  to  render,  421. 

Advance,  certificate  to  requisitions,  237. 

Advance  payments  to  contractors,   407a, 
407b. 

Advances  forbidden,  exceptions,  407. 

Bankers  receiving  on  deposit,   etc.,   pen- 
alty, 427. 

Conversion  of,  419,  420,  426. 

Delinquent    custodian,    distress   warrant, 
224. 

Depositories.      See   Dcpositorict    of   pub- 
lic money. 

Deposits,  failure  to  make,  422. 

Disbursement.     See  Disbursment  of  pub- 
lic money. 

Disbursements,     officers     as     agents,     of 
Quartermaster  Corps,  499a. 

Disbursing   officers.      See  Disbursing  offi- 
cers. 

Drawn   only   in    accordance   with   appro- 
priations, 186. 

Duties  of  fiscal  agents,  185. 

Embezzlement,    419,    420,    428,    1263. 

Embezzlement,  evidence  of,  at  trial,  424. 

Embezzlement,  refusal  to  pay  draft  evi- 
dence, 425. 

Exchange  of  funds,  restrictions,  401. 

Fraudulent  receipts   or  vouchers,   426. 

Gross  amount  received  paid   into  Treas- 
ury, 403. 

Officers,     Ordnance    Department,    desig- 
nate other  officers  to  disburse,  832a. 

Penal    provisions,    to    whom    applicable, 
423. 

Premiums  received  on  sale  of  notes,  etc., 
402. 

Requisitions    for    advances,    disapproved, 
when,  196. 

Warrants,  requirements,  237. 
PUBLIC  PARKS  : 

Sale  of  obsolete  cannon,  etc.,  to,  840. 
PUBLIC  PRINTER  : 

See  also  Printing  and  binding. 

Distributing    material,    etc.,    transferred 
to,  85 

Estimates  by,  to  departments,  114. 

Forms,  etc.,  furnished  departments,  112. 

Publications  to  be  distributed  by,  85. 

Report    of   departments,    date    furnished, 
106.  106a. 


PUBLIC  PROPERTY: 

for  property  of  a  particular  department 
or   office,    see    the    specifio    title.      See 
also  Public  lands. 
Disposal  ov — 

See  also  this  title,  SaUa;  Educationai 

institutions;  Ordnance. 
Congress  empowered  to  make,  1255. 
of  Damaged  or  unsuitable,  1261. 
by  Soldiers  prohibited,  1262. 
Exchange.     See  the  specifio  title. 
Inventory.     See  this  title,  Returns. 
IssnEs — 

See  also  Educational  institutions ;  Na- 
tional Guard  training.    See  also  this 

title.   Bales. 
of  Arms,  etc.,  to  departments,  847. 
Lease  of  certain,  1279. 
Loan   of  tents,  restrictions,   1259b. 
Loss    OF — 

Affidavit  of  commanding  officer,  1260. 
Affidavit  of  company  commander,  1260. 
Certificates    forwarded    to    accounting 

officer,  1257. 
Charge   certified   to   accounting  officer, 

1256. 
Officer  may  relieve  himself  of  liability, 

1258. 
Regulations  by  heads  of  departments, 

1259,   1250tt. 
Offenses — 

Embezzlement,     penalty,     1203,     1264, 

94  A.  W. 
Theft,  penalty,  1263,  1204,  94  A.  W. 
Receiving     stolen     property     penalty, 

1266. 
Robbery,  penalty,  1265. 
Returns — 

to     Acounting     officers     discontinued, 

1256. 
of    Colors,    volunteer    regiments    mus- 
tered out,  149a. 
Failure  to  make,  penalty,  110. 
by  Ileads  of  departments,  109. 
New     method     prescribed,     1256-1259, 

1259a. 
Regulations  for  accounting  for,  1259a. 
Sales — 

See  also  this  title.  Disposal  of;  Edu- 

cational   institutions;    Ordnance. 
Airplane     war     materials     to     foreign 

governments,  etc.,  1255a,  1255b. 
Expenses  of,  paid  from  proceeds,  406. 
Horses    and    mules    not    required    for 

Regular  Army,  etc.,  638a. 
National  Guard  target  ranges,  1281a- 

1281c. 
to    Philippine    Government,    proceeds, 

417. 
Proceeds,  annual  statement  of,  101, 
Proceeds  from,  disposition,  403,  404. 
Proceeds    of   war   material    to    foreign 

government,  etc.,  disposition,  1255b. 
Statement   of   proceeds   separate  from 

Book  of  Estimates,  100a. 
Statutes  at  Laugh — • 
Preserved  as,  323. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


721 


PULLIC  PROPERTY— Continued. 

Transfer  of  certain  to  other  bureaus  and 
departments,  417a,  604,  842,  847. 

TliANSPOHTATION 

by  Quartermaster's  Department,  532. 

Volunteer  officers,  affidavits  as  to  ac- 
countability for,  1383h,  13831. 

Volunteer  officers,  certificates  of  nonin- 
debtcdness   on   discharge,    1383g-13831. 

Whitb   Housb — 

Bond  of  custodian,  109a. 
Designation  of  custodian,  109a. 
Inventory   of  Custodian,   i09b. 
PUBLIC  RECORDS.     See  Records. 
PUBLIC  ROADS.     See  Highways. 
PUBLIC   WORKS: 

See  also  Public  buildings. 

Bids,  separate  proposals  for  two  or  more, 
1209. 

Construction  and  repair,  supervision  by 
officers  of  Quartermaster  Corps,  515a. 

Eight-hour  law  to  be  observed,  1219. 

Estimates  to  be  accompanied  by  plans, 
97. 

Preference  to  American  material,  1234, 
1234a. 

Rivers  and  harbors.     See  River  and  har- 
bor works. 
PUNISHMENTS: 

For  a  particular  offense,  see  the  specific 
title.     See  also  Articles  of  War. 

by  Courts-martial.     See  Courts-martial. 

Limit  of,  for  Army,  prescribed  by  Presi- 
dent, 45  A.  W. 

of  Military  convicts.    See  Military  prison. 
PURCHASES  : 

of  a  particular  article  or  class  of  articles, 
see  the  specific  title. 

from  Contingent  funds.  See  Contingent 
funds. 

of  Discharge.     See  Discharge. 
PURCHASING  OFFICERS: 

Examination  of  books,  etc.,  by  represent- 
ativos  of  auditor  and  comptroller, 
205k. 

Funds  may  be  kept  In  personal  posses- 
sion, 592. 

Trading  in  subsistence  stores  prohibited, 
591. 
QUARANTINE  : 

Epidemic.     See  Contagious  diseases. 

State  health  laws  to  be  observed,  1462. 

Stations  under  the  Secretary  of  the 
Treasury,  1463. 

Vessels    entering,    etc.,    against    regula- 
tions, 1464. 
QUARTERMASTER     AND     COMMISSARY 
OF  CADETS : 

at     Military     Academy.      See     Military 
Academy. 
QU.VRTERMASTER   CORPS: 

See  also  Pay  Department ;  Quartermas- 
ter's Department;  Subsistence  Depart- 
ment. 

Appoixtmbnts — 

by  Detail,  how  made,  495. 

54208"— 18 48 


QUARTERMASTER  CORPS— Continued. 
Appropriations — 

Available  for  purchase  of  reserve  sup- 
plies, 616a. 
Expenditures   for   subscriptions   in    ad- 
vance, 520. 
Pay  of  Army  disbursed  by  officers  of, 

689,  689a-689c. 
Printing,     restrictions,     1236,     1236a, 

1236b. 
for  *'  Supplies,  services,  and  transpor- 
tation "  created,  689a,  689b. 
Brigadier  General. — 

Permanent  vacancy,   to  cease  and   de- 
termine, 502. 
Chief.       Sefi     Chief     of     Qunrtermaster 

Corps;  Quartermaster  General. 
Civilian  Employees — 

Authorized  to  enlist  in,  505. 
Certain,  replaced  by  enlisted  men,  505. 
Field  clerks,  033a. 
Pay   clerks,    rank,   etc.,    629,    630,    495a, 
632a. 
Restrictions  upon  salary  and  number, 
570,  570a. 
Commissary  sergeants.     Set  Commissary 

sergeants. 
Composition,  495a. 
Contracts — 

Certain,  reduced  to  writing,  1211a. 
Creation,  495. 
Duties — 

Construction  and  repair,  615a. 
Disbursements  by  officers  as  agents  of 

officers  of,  499a. 
Disbursement  of  Army  pay  appropria- 
tion, 689,  689a-689c 
Disbursement     of     pay     to     National 

Guard,  1330J. 
Disbursement    of     varloos     appropria- 
tions, 689a,  689b,  689c 
Enumerated,  500. 

Pay  reserve  officers  and  enlisted  men. 
Aviation  Section,  Signal  Corps,  879h. 
Enlisted  Men — 

Authorization,   to  replace  civilian   em- 
ployees, 505. 
Composition    and    number,    505,    506, 

506b. 
Composition  and  pay,  506a. 
Enlistment  of  cook  instructors,  506c 
Excluded  from  line  of  Army,  332e. 
Establishment.  495. 
Field  clerks,  633a. 

Master  electricians,  title  changed,  514b. 
Military  storekeeper,  grade  revived,  513a. 
Officers — 

Brigadier    generals,    decrease    of    one, 

502. 
Composition,  497. 
Details  of,  how  made,  495. 
Disbursements  by  officers  as  agents  of^ 

499a. 
Duties.     See  this  title,  Duties. 
First   lieutenant,   appointment   of   paj 
clerk,  632a. 


722 


MILTTAKY   LAWS   OF   THE   UNITED   STATES,   1015. 


QFARTERMASTER  CORPS — Continued. 
Ofb-ickks — Continued. 

to   Form  ono  list  for  fiTling  vacancies, 

4t>5. 
Number  of,   from  captains  to  colonels, 

4»7. 
Regimental   commissaries,  etc.,   to  per- 
form duties,  4D8. 
Second  lieutenants,  ai>poiHtmefnt  of  pay 

clerks,  4958. 
Six  captains  promoted  to  major,  496. 
Storckeef>er  revived  for  appointment  of 

Cha«.  P.  Daly,  513a. 
Vacancies,  liow  tilled,  495,  497. 
Part  of  RftSfular  Army,  331a. 
Pay  clerks.     See  Pay  department. 
Quartermaster   sergeants.       See     Quarter- 
master serf/eants;  Mottter  (lectriciane. 
Supervision  by  Chief  of  Staff,  503. 
SuprriKS — 

Issue  to  schools  for  Instruction  camps, 

954  c. 
LoR3»s  of  tents  restricted  to  G.  A.  11. 

nnd  U.  C.  V.,  1259b. 
RBSEitvf;    oFuncKns'   training    coiir.s — 
Issue  of  public  animals,   etc.,  to  in- 
stitutions maintaining  units,  1562. 
Is.sue     of     tontage,     etc.,     to     other 
schools,  ir)63. 
Salo  to  Navy  and  Marine  officers,  588a. 
S«l(?s  of  cloai  cuttinRS,  578a. 
Sales  of  surplus  ice,  521,  521a,  521b. 
QUARTERMASTER  GENERAL: 

See  also  Quartermaater'a  Department. 
to  Absence,  ofScer  detailed  to  act,  146. 
Account  to  Secretary  of  War  for  money 

every  ttn^ee  months,  1259i. 
Charges  ngaiBst  otBcers  lor  loaa  of  prop- 
erty, 1256. 
Money    in    hands    of    snbordinates,    not 

liable  for,  387. 
Property   in   bands  of  snbordinates,   not 

liable   for,   387. 
Bank  and  pay  of,  501,  373a,  49§a. 
Regulations    for    property    acconntability 

to  be  prescribed  by,  1259^,  1259a. 
Title,  501a. 
QUARTERMASTER   SERGEANTS : 

Authorization     and     appointment,     514, 

514a. 
Dcsljrnation  changed,  496. 
RntlcR,   514. 
Master    electricians     to    be    known     as, 

514b. 
Nfanber,   506a. 

Pay  and  allowances,  514,  695,  695a. 
QualLfications  for  appointment,  514a. 
^jrnior   grade,    pay,   695a. 
Supplies.      See    Quartermaater's    Depart- 
ment. 
QUARTERMASTERS,   ARMY: 

Acting,    staff   duty,   retired    ofllcer   when 

assigned  to  duty  as,  975b, 
Claims     of,     jurisdiction     of     Court     of 

Claims,    277. 
lioases  by,  Court  of  Claims  decree,  280. 
any  Ofllcer  may  act  temporarily,  499. 


QUARTERMASTERS,  ARMY— Continued. 
Regimental,    battalion,    etc.,    daties,    498, 

499,   938. 
Regimental,  horses  allowed,  354. 
QUARTERMASTER'S   DEPARTMENT  : 
See  also  Quartermaster  Cfrrps. 
Appointments — 

Discontlniied,    details    in    lieu    thereof, 
936. 
Appropriations — 

Contracts    for    stores    in    advance    of, 

1190. 
Expenditures  from,  restricted,  1291. 
Payawnts    from    total    available     bal- 
ance,   523. 
for    Shelter   of   troops    in    Philippines, 
548. 
Civilian  Employees — 

Number  liratted,   509,   570,   570a. 
Salaries   limited,   569,   570,   570a. 
Composition,   507. 
Con.soiidation  into  Quartermaster  Corps, 

495. 
Duties — 

Deductions    from    mileage    allowances, 

685. 
Supplies,     purchase    and    distribution, 

515. 
Supplies,  etc.,  to  naval  and  marine  de- 
tachments,  517. 
Transportation  for  Army,  515. 
Enlisted  Men — 

Army     service     detachment,     number, 

1170. 
Army  service  men,  enlistment  of,  1168. 
Army  service  men,  no  extra  pay,  1109. 
Officers — 

Bond,  President  may  increase,  388. 
Bonds,  sum  and  condition,  387. 
Bonds,  waiver,  387a. 
Contracts,  not  to  be  interested  in,  519. 
Di-sabilities,    519. 
Duties,   515,   515a. 
Increase  in  number,  508. 
Transportation    of    property    for    sur- 
veys,   532. 
Vacancies  in  certain  grades,  how  filled, 
511. 
Organization,  507. 
Printing — 

Contract,  after  advertising,  exception, 

1236,  1236a,  1236b. 
Done   by    Government   Printing   Office, 
1236. 
Promotions — 

by   Seniority,   509. 
Property.      See  this  title.  Supplies. 
Quartermaster     General.       See     Quarter- 
master General. 
Quartermaster    sergeants.      See    Quarter- 
master sergeants. 
Quartermasters.        See      Quartermastera, 

Army. 
Storbkbbper — 

Abolishment  of  office,  512. 
Revived   for   appointment  of  Chas.   P. 
Daly,  513a. 


MTrJTARY  lAWS  OF  THE  UNITE©  STATES,  1^5. 


723 


QUARTERMASTER'S  DEPT.— Cont'd. 

Supf^rvision  by  Chief  of  Staff,  503. 

Supplies — 

Accountability  system  to  be  prescribed, 

1259i. 
Contracts    for,    before    a^ropriation, 

1190. 
Issue    to    educational    institutions    for 

instruction  camps,  954c. 
Issued     to    mlliaa,     title     ia     United 

Sta+es,   1358,   1361. 
Loan  of  tents,  restrictions,  125&b. 
Procwds  from  sales,  availability,  522. 
Purcliase  from  Indiana,  1240, 
Purcliase  of,  on  Paeifle  coast,  1205. 

Ti'.insportation.      See   TransportatioM. 
QUARTERS,   ARMY: 

for  a  particular  doss   of   oj^ers  or  en- 
listed men,  see  the  a-^eciflc  title. 

Allowance,   651a. 

Assignment    of,    in    ]£ind«    according    to 
rank,    551. 

Borraclis.     See  Barr<icks. 

Brick  house  at  proving  ground  not  "  pub- 
lic quarters,"   825a. 

Commutation  appropriation,  668c. 

Commutation   for  details  abroad,   6T3. 

Commutation,    duty     "  without    troops," 
671,  671a. 

Commutation  rates,  670. 

Commutation    to   retired   officers   at   col- 
leges,   945,    946. 

Commutation,     where    no    public    quar- 
ters,   668,    668a. 

Heat  and  light  for  authorized  allowance, 
556. 

for    Militia     officers    attending    schools, 
1334. 

for  Officers,  limit  of  cost,  at  posts,  547, 
S47a. 

Officers      not      occupying,      at      provlHg 
ground,    82ob. 

Officers    temporarily    on    duty    in    ^eld, 
552,    672. 

Permanent,  cost  limited,  547. 

Plana     and     estimates     for     permanent, 
1289a. 

"  Public    quarters    available,"    Secretary 
of  War  to  determine,  068b. 

for   Servants   not  allowed,   670. 

Temporary,    aviation    stations    an   public 
lands,    889rr. 
RADIO    COMMUNICAT^ION  : 

■Censorship     of,     -during     present     war, 
1425e,  1425f. 

Evading    censorship,    punishment,    1425f. 
RADIO  COMPAl?fIEB: 

Commercial,     forwarding     charges.       See 
Tclc;/raph  Unes. 
RADIODYNAMIC    TORPiCDO    CONTROL: 

Installation  of  unit,  1615. 

Piitents,  issue  to  United  States,  1«14. 

Purchase   of  Inventions,  1612. 

Tests,   1613. 
RADIO   SERGEANT; 

Pay,  695a. 


RALT^S  : 

Army    transports    to    be    equipped    with, 

536. 
RAILROADS  : 

See  also   Common  (Utrrier$;   Transporta- 
tion. 
Commandeering  or  requisitioning  in  time 

of  war,  525b. 
■Control  ot  transportation  systems  In  time 

of  war,  525b. 
Employment  oi  arnjied  for^e,  obstruction 

of  interstate   commeroe  over,   525c. 
Requisitioning      or      commandeering      in 

time  of  war,  525b. 
RAILROADS,    EOND-AIDJ2D,      See    Bondr- 

aided   Railroads. 
RANK,  ARMY: 

for  rank  of  a  particular  class  of  ofjicers 

or  enUsted  men,  see  the  specific  title. 
Allowauce  for  loss  of  files  by  increase  of 

arm,  931b. 
Army  Register  to  contain  lineal,  326. 
Brevet.     Kee  Brevei  rank. 
Commissioned    service    la    Marine    Corps 

counted,   .'J53a. 
Equal,  may  not  be  held  in  both  line  and 

staff,  934. 
Lineal,  advancement  ^^f  officers  wlvo  last 

by  regimental  promotion,  929. 
Officers,   precedence  vrer   drafted  forces, 

1339m,  1339n, 
Officers,     professors.    Military     Academy, 

1126. 
Officers,  volunteer  service  does  not  affect, 

1007. 
Relative,  between  officers  of  same  grade, 

353. 
Relative,   of   Coast  and   Geodetic   Survey 

wlien  serving  with,  534n. 
Relative,     reorganization      act      not     to 

change,  1102. 
Relative,    with    officers     of    Navy,     352. 

352a. 
Second  lieutenants  api>oiated   under  imi- 

tional  defense  act,  331g. 
Service    in    Officers'    fie^rve    Corps    net 

counted,   1552. 
RATED  MEN: 

Coast  Artillery  Corps,  lOSCb. 
Medical  Department,  765a,  765b. 
RATIONS,   ARMY: 

for  a  particular  class  of  officers  and  en- 
listed men,  «ee  the  specific  title. 
Cash   to  retired  enlisted  men  in  Lieu   of, 

714,  715. 
Coffee   and   sugar,   commutation   of,   601, 

602. 
Coffee  and  sugar,  In  kind  issued  weekly, 

600. 
Competitors    in    rifle   matches^    611a. 
Commutation — 

Cadets,  Military  Academy,  611b,  611c. 

Enlisted   men  on   furlough,  etc.,   611b, 
611c. 

General  hospitals,  rates,  611b,  611c. 

General  prisoners,  rates,  611b,  611c. 


24 


MILITARY  LAWS  OF   THE  UNITED   STATES,  1915. 


BATIONS,  ARMY— Continued. 
Commutation — Continued. 

Nurse   Corps,  rate,  Glib,  Cllc. 

Regular  Army  Rt^serve,  ordered  to  ac- 
tive duty,  611c. 

Retired  enlisted  men  ordered  to  active 
duty,  eilc. 
Constituents,    change   by   President,    593. 
Constituents,     prescribed     by     President, 

593. 
Emergency,   In   addition   to   regular,   595. 
Enlisted  men  entitled  to  one  daily,  596, 

597. 
Enlisted  men  on  furlough,  611,  611b. 
Interest  of  certain  oflScers  in  purchase  or 

sale    prohibited,    591. 
Issuance  to  Indians,  may  be  authorized, 

599. 
to    Naval    or    marine    detachments,    590, 

304a,  304b. 
Sale    to    officers,    amount    deducted    from 

pay,   692. 
Sale,   to  officers  in  field  authorized,  605. 
Special     for     soldiers     i«v:overing     from 

sickness,  594. 
Supplies  for,  purchase  of,  586. 
nEAL   PROPERTY: 

Civil   rights  of  citizens  with   respect  to, 

1443. 
REaPPROPRIATION  : 

of  Unexpended  balances,  191a. 
REAR  ADMIRALS,  NAVY: 

Relative    rank    of,    with    officers    of    the 

Army,    352. 
REBELLION  : 

See   also   Insurrection. 
Inciting,   etc.,  punishment,   1415g. 
Militia   may  be   called   to  suppress,   1339, 

1340. 
War  of.     See  Civil  War. 
RECEIVERS    OF   PUBLIC   MONEYS: 
See  also  Public  moneya. 
Duties  of,  as  fiscal  agents,  185. 
RECESS  APPOINTMENTS.      See  Appoint- 

ments. 
RECORD  AND  PENSION  OFFICE: 

See  also  Adjutant  QeneraVa  Department; 

Military   Secretary's   Department. 
Appropriations,  availability,  435. 
Assistant  chief,  rank,  433. 
Chief  rank,  433. 
Establishment,   432. 

Merged  into  Military  Secretary's  Depart- 
ment, 434, 
Pension    business    of    War     Department, 

438. 
Records  of  militia  In  war,  filed  In,  43V). 
Records    of    volunteer    armies,    custody, 

432,  438. 
Records   of   volunteers,    on    disbandment, 

439. 
Records  of  wars  prior  to  Civil  War,  cus- 
tody,  441. 
Removal  of  charge  of  desertion  on  rolls, 

443,   454. 


RECORDING   CLOCKS: 

Use,    In    executive    departments,    forbid- 
den, 121. 
RECORDS : 

See   also  Documents,  Articles  of   War. 

Destruction,    mutilation    of    public,    pen- 
alty, 129. 

Destruction,  etc.,  of  public,  by  custodian^ 
130. 

as  Evidence.     See  Evidence. 

False    or    fictitious    entry    by    custodian, 
171. 

Forgery,  etc.,  public,  penalty,  131. 

of  Indian  wars,  441. 

Preservation,   regulations   by   department 
heads,  19. 

of  Revolutionary   wars.     Se«  Revolution- 
ary War. 

of  War  of  1812,  440. 
RECRUITING  : 

See  also  Enlistment, 

Obstructing,    punishment,    13171d. 

for  Service  against  United   States,  pun- 
ishment,  1415J. 

of  Volunteers.     See  Yoluntetr  Army. 
RECRUITING   DEPOTS: 

Bands,  1099a. 

Cooks,  extra-duty  pay,   503b. 

Corporals,  temporary,   704b. 

Detachments,   704. 

Detachments  part  of  Regular  Army,  331a. 

Enlisted  men,  detail,  and  pay,  704a, 

Mess  stewards,  extra-duty  pay,  563b. 

National  defense  act,  effect  on,  1106a, 

Regimental  sergeant,  major,  701c. 

Retired    officers,    958. 

Sergeants,  temporary,  701b. 
RECRUITING  PARTIES: 

National  defense  act,  effect  on,  1106a. 

Part  of  Regular  Army,  331a. 
RIXRUITS : 

Debts   due   traders,    etc.,   deducted    from 
pay,  723. 

Employment    of    physicians    to    examine, 
779. 

Excessive  enlistment  for  foreign  service, 
332a. 

Mounted    service   school,    de^ot   for    cer- 
tain, 1186. 

National    Guard.      See    National    Ouard 
Reserve,  reserve  hattaliona. 

Premium   for  accepted,   1032. 

Premium  for  accepted,  repealed,  1032b. 

Premium  for,  to  postmasters,  1032a. 

Unassigned — 

Excluded  from  strength  of  line,  332e, 
National  defense  act,  effect  on,  1106a. 
Part  of  Regular  Army,  331a. 
Ratio    to    authorized    strength,    332':, 
332f. 

Volunteers.     See  Volunteer  Army. 
RECRUIT    TRAINING    UNITS: 

National     Army,     draft,     organize     and 
equip,   1035. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 


725 


RED  CROSS.     See  American  National  Red 

Cross, 
REEDUCATION.     See  Vocational  training. 
REENLISTMENT.     See  Enlistment. 
REGIMENTAL    COURTS-MARTIAL.      Sec 

Courts-martial. 
REGIMENTAL  POSTS: 

Transfer    of    enlisted    men    to    organiza- 
tions    at,     for     vocational     training, 
1293d-1293g. 
REGIMENTAL   QUARTERMASTER : 

Horses   allowed,    554. 
REGIMENTAL  SERGEANT  MAJOR : 

Recruiting   depots,    704c. 
REGIMENTAL    SUITLY    SERGEANT: 

Pay,   695a. 
REGIMENTS : 

Cavalry,  331a,  1071,  1071a,  1072. 

Cavalry,  provisional  organization  into 
Field  Artillery  or  Infantry,  1071b, 
1071c. 

Composition  of,  not  to  be  Increased,  35Gc. 

Corps   of   Engineers,    790a. 

Field  Artillery,  331a,  1090,   1090c 

Infantry,  331a,  1095,  1095a,  1096. 

Number  not  to  be  decreased,  35Gc. 

Signal   Corps,   8901,   890J. 
REGISTER.     See  Army  Register. 
REGISTERED  MAIL.     See  Mail  matter. 
REGISTRATION  : 

See  National  Army,  Draft. 
REGULAR   ARMY: 

See  also  Army. 

Authorized  strength  not  reduced  by  in- 
crease of  Signal  Corps,  879i. 

Composition,   331,    331a. 

Comprises  permanent  military  establish- 
ment,   330,    331a. 

Constitutes  part  of  land  forces,  328, 
329,   329a. 

Discharge  of  enlisted  men  on  termination 
of  emergency,  1031hi. 

Increase  in  emergency,  331b,  331c. 

Increase  in   increments,  331b. 

Lieutenant  general  in,  abolished,  350. 

Maximum  Stkbnoth — 

Draft  or  voluntary  enlistment  to  main- 
tain,   1637. 

OflBcers.     See  Oncers,  Army. 

Part  of  Army  of  United  States,  329a. 

Recommissioning  former  officers  In,  931a. 

Sale  of  horses  and  mules  not  required  for, 
538a. 

Strength,  authorized,  not  reduced  by 
increase  of  Signal  Corps,  8791. 

Strength,  maximum,  332,  332e. 

Strength,  minimum,  332d. 

Tactical   units   of,    356a. 
REGULAR  ARMY  AND  NAVY  UNION: 

Badges  of,  who  may  wear,  1021,  1022. 
REGULAR  ARMY  RESERVE: 

See  also  Enlisted  Reserve  Corps. 

Allowances  when  reporting,  10311. 

Assignments  to  service,  1031g. 

Commutation  of  rations  when  ordered 
to   active   duty,   611c. 

Composition,    1031,    1031f. 


REGULAR   ARMY    RESERVED— Continued. 
Details   with    Reserve   Officers'    Training 

Corps,   1561. 
Enlistments — 

at  Outbreak  of  war,  continued,  1031h, 

1031hi. 
Qualifications,    1031f. 
Field  Artillery  war  units,  1090b. 
Furlough   to — 

on     Account     of     dependent     family, 

1044a. 
Accounts  closed,  1031e. 
After  one  year,  1031c. 
on  Discharge  by  purchase,  1043a. 
Government    employees,    use    in    mobiliz- 
ing,  paying,   etc.,   1031n. 
Mobilization,  1031g,  1031n. 
Officers  assigned  to,  1031g. 
Organization,  1031g. 
Parts  of  Regular  Army,  331a. 
Pat — 

Active  service,  in  time  of  war,  1331J. 

Annual  retainer,  10311. 

Bounty  upon  reporting  for  active  duty, 

10311. 
Continuous   service,   1031k. 
In  Training,  1031g. 
Pensions,  1031m. 
Reenlistments    in    time   of   war,    bounty, 

1031O. 
Retirement,  service  confers  no  right  to, 

1031m. 
Training,  annual,  1031f. 
Use  of  other  departments  in  mobilizing, 
paying,  etc.,  lOSln. 
REGLTLATIONS,  ARMY: 

President  authorized  to  make,  324. 
Volunteer  forces  subject  to,  1385. 
REINSURANCE  COMPANIES: 

Alien  enemy.     See  Trading  with  enemy; 
License. 
RELATIVE  RANK.     See  Rank,  Army. 
RELIGIOUS  ORGANIZATIONS : 

Members  of  certain,  exempt  from  Army 

duty,   1324,  1323a. 
Members  of  certain,  exempt  from  selec- 
tive draft,  1644. 
REMAINS  : 

of  Civil  employees  who  die  abroad,  1063. 
of  Officers  and  enlisted  men,  1063. 
REMOUNT  DEPOTS: 

Donations  of  sites,  127-^ 
for  Volunteer  forces,  establishment,  1385. 
REMOUNT  DETACHMENTS : 

of  Cavalry,  at  remount  depots,  1080. 
Enlisted  men,  organization,  541,  1070. 
Part  of  Regular  Army,  331a. 
REMOVAL : 

of  Civil-service  employees,  42. 
of  Desertion  charge.    See  Deaertion. 
REMUSTER : 

of  Volunteers.     See  Volunteer  Army. 
REPATRIATION : 

American  citizens  who  have  enlisted  in 

foreign  armies,   1468c. 
Citizenship  acquired,  14«J8g. 


726 


MILITARY   LAWS   OF    THE   UNITED   STATES,   1915. 


REPATRIATION— Continued. 

Claim  of  Unitod  States  for  pension,  etc., 
on  account   of  foreign  service,    1468d. 

Duty  of  consular  officers  or  court,  14C8f. 

Joint  regulations  by  Secretaries  of  State 
and  Labor,  14681i. 

Procedure   for,   1468e. 
REPEAL : 

of  Acts  in  revision  of  Revised  Statutes, 
314. 
REPORTS : 

of  a  po/rticular  office  or  officer,  or  on  a 
particular  subject,  see  the  speoifio  title. 

AiKCUAFT  Board — 

Annual,    to    Congress    of    salaries    of 
clerks,  etc,  889iii. 

of   Executive   departments.     See  Eaoecu- 
tive   dcpa/rtments. 
REPRIEVES  : 

Power  in  President,  to  grant,  2. 
REQUISITIONS  : 

for  Advances  of  money,  237. 
REQUISITIONING  FOR  MILITARY  PUR- 
POSES : 

Coal  and  coke  plants,  on  failure  to  con- 
form to  price  regulations,   1746-1749. 

Distilled  spirits  in  bond  or  In  stock,  1731, 
1732. 

Factories,  packing  houses,  oil  pipe  lines, 
mines,  1708-1713. 

Food  and  fuel.  See  Food  and  fuel  con- 
servation; Requisitioning  for  pu'blic  de- 
fense. 

Lands  for  coast  defenses,  fortifications, 
etc.,  802d. 

Lands  for  proving  ground  on  failure  to 
purchase,  12741-1274n. 

Mines,  1708-1713. 

Munitions  plants.  In  time  of  war,  1601. 

North  Island,  Cal.,  as  site  for  aviation 
stations,   1274g. 

Oil  pipe  lines,  1708-1713. 

Packing  houses,  1708-1713. 

Plants,      etc.,      for     sTiipbuliaing.        See 
Emergency  shipping  fund,  Tahle  of  Re- 
lated Statutes. 

Railroads.     See   Transportation  systems. 

Transportation  systems,  in  time  of  war, 
525b. 

Vessels    belonging    to    Germany    within 
jurisdiction   of   United    States,    1415b, 
1415c.  * 
RESERVATIONS  : 

See  also  Military  posts;  Military  reser- 
vations; Public  lands. 

Inclosnres  on,  breaking,  etc.,  penalty, 
1314. 

Rights  of  way  across,  1282,  1283. 

Survey  monuments  on,  molesting,  pen- 
alty, 1313. 

Timber  on,  cutting,  etc.,  penalty,  1311, 
1312. 

Unlawful  Inclosures,  removal,  1318. 
RESERVE : 

Army.  See  Regular  Army  Reserve;  En- 
listed Reserve  Coi'p4. 


RESERVE — Continued. 
Militia.  See  Militia. 
National    Guard.      See    National    Guard 

Reserve. 
Officers.     See  Officers'  Reserve  Corps. 
RESERVE      OFFICERS'       TRAINING 

CORPS : 
Age,    minimum,    1559. 
Appointment  of  graduates  as  temporary 

second    lieutenants,    1570. 
Appointment    of    graduates    in    Officers' 

Reserve  Corps,  1565. 
Appointment    of   National   Army    officers 

from,  1630. 
Arms  and  accouterments,  issue,  1502. 
Camp,    citizens    designated    for    commis- 
sions, pay,  1547b, 
Commutation    for    uniforms    supplied   by 

educational  institution,  1562a. 
Credit  lor  military   training  other   than 

with,  1568. 
DetaU  of  enlisted  men  with,  1561. 
Detail  of  officers  as  professors,  1560. 
Detail  of  oiScers  as  professors,  required, 

1555,  1557. 
Eligibility  to  membership,  1559. 

ESTABX^ISHMBNT 

Conditions  precedent,  1555,  1557. 
at  Other  than  State  institutions,  1556. 
at   State  institutions,   1554. 
First  Corps  Cadets,  Massacuusetts — 
Ancient  privileges  not  waived,  1553d. 
Designated  as  unit  of  senior  division, 

1553a. 
Subject   to  rules   and   regulations   pre- 
scribed  for,   1553b. 
Waiving  of  drill,   etc.,  as   to  National 
Guard  organization,  1553c. 
Horses,  issue,  1562. 
Junior  division,  1553. 
Maintenance  in  civil  schools,  1553. 
Organization  for  camp  ti'aining,  1564. 
Post    graduates'    eligibility    for    Officers* 

Reserve  Corps,   1566. 
Senior    division,    1553. 
Subsistence  after  two  years,   1567. 
Training  camps,  1.564. 
Training,  prescribed,  1558. 
Voluntary  service,  accept  for  training  of, 
1544b. 
RESTORATION  TO  DUTY: 

of  Civil  deserters,  etc.,  pension,  446. 
of  Military  convicts,   488,   488a,  488b. 
RETAINED    PAY: 

Abolished,  exception,  707. 
RETIREMENT,  ARMY: 

of    a    particular   class   of   officers   or   en- 
listed men,  see  the  specific  title. 
Enlisted  Mhn — 

Active  duty,  grades  and  pay,  1644b. 
Allowance  in  cash  In  lieu  of  clothing, 

etc.,   715. 
Appointment    as    officers    in    National 

Army,  1680. 
Application    after    30    years'    service, 
713,  1038. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


727 


RETIREMENT,   ARMY— Continued. 
Enlisted  Mkn — Continued. 

Commissioned  service  in  Porto  JRlco 
Regiment  or  Philippine  Scouts,  700, 
710. 

Commutation  of  rations  when  or- 
dered to  active  duty,  611c. 

Credit  for  Army,  Navy,  or  Marijie  serv- 
ice, 1038. 

Credit  for  Civil  War  service,  713. 
1039. 

Credit  for  commissioned  service  in 
National   Guard,    etc.,   1043d. 

Credit  for  foreign  service,  1040,  1042. 

Credit  for  war  service,  1039. 

Detail  on  recruiting  duty,  1392. 

Detail  nith  Reserve  Officers'  Training 
Corps  work,   1561. 

National  defense  act,  effect  on,  1106a. 

Part  of  Regular  Army,  331a. 

Pay,  receipt  of,  bar  to  disability  com- 
pensation, 1438vvv. 

Pay,  75  per  cent  of  ranl<  on  which  re- 
tired,  1038. 

Reserve  service  confers  no  right, 
1031m,  1589. 

Subject  to  Articles  of  War,  2  A.  W. 
Noncommissioned  Officers — 

Sec  also  this  title.  Enlisted  me^n. 

Application,  after  30  years'  service, 
713. 

Detail  on   recruiting  service,  139!2. 

Detail  to  schools,  etc.,  pay,  946. 

Subject  to  Articles  of  War,  2  A.  W. 
Officers — 

on  Army  Register,  98^ 

Appointment  as  officers  of  National 
Army,  1630. 

Appointment  of  former  cadets  as  sec- 
ond lieutenant  and,  1162f,  1162g. 

Articles  op  war — 

Subject  to,  988,  2  A.  W. 

Assignment  to  duty — 

Sec   also   this   subdivision,    Transfer 

to  active  list. 
Acting     quartermaster,     staff     duty, 

975b. 
Active    dutie.s    to    which   assignable, 

958. 
Active  with  National  Army,  1630. 
Corps  of  Engineers,  eligibility,  975d. 
with    District    of    Columbia    militia, 

959,  1373. 
to   Educational  Institutions,  945-950. 
with  National  Guard,   1332b. 
Hank  and  pay,  958r. 
in   Recruiting  volunteers,   1392. 
witii      Reserve      Officers'      Training 

Corps,  1560. 
on    River   and   harbor   work,   799. 
at  Soldiers'  Home,  956. 
with  State  militia,  etc.,  957,  958. 
Temporary   command   of  post,   975a. 
in  War,  restriction,  pay,  961. 

Command,  withdrawn  from  986. 


RETIREMENT,   ARMY— Continued. 
Officers — Continued. 
Discipline — 

Subject  to  Articles  of  War,  988;  2 
A.  W. 
Grounds   foe   retirement — 
Aga  62  years,  963. 
Age  C4  years,  964. 
Application    after    30    years'    service, 
962. 
Application   after   40  years'   service, 

962,  964. 
Cadet  service  not  counted,  657. 
Credit    for    volunteer,    etc.,    service, 

655. 
Disability,  908,  981,  982. 
of  General   officers,  restriction,   972. 
Length  of  service,  963. 
Not  affected  by  act  of  June  30,  1882, 

965. 
for  Panama  Canal   service,   certain, 

on  application,  927 j. 
Physical     disability    for    promotion, 

930,    931. 
Staff  detail  does  not  postpone,  380. 
Hearing,   entitled  to,  983. 
Limited    list.^     See    this    subdivision. 

Number. 
National  defense  act,  effect  on,  1106a. 
Number — 

Limited   list   of   three  hundred   and 

fifty,  966. 
Unlimited    list,    transfers  from   lim- 
ited, 967. 
Unlimited  retired  list,  065. 
Part  of  Regular  Army,  831a- 
Pay — 

on  Active  duty  in  time  of  war,  961a. 
on  Active  duty,  974,  975,  958f. 
Additional,   for   holding  another   of- 
fice, 990. 
Computation     of     longevity     to     in- 
clude active  duty,  975c. 
on  Duty  at  colleg'es,  etc.,  949. 
on  Duty  at  soldiers'  home,  956. 
Longevity  prohibited,  exception.  650, 

975c. 
Rates,  658. 

Receipt,    bar    to    disability    compen- 
sation,   1483vvv. 
Wholly  retired.  660. 
Promotion — 

Withdrawn  from  line  of,  986. 
Rank — 

Advanced,  for  Civil  War,  etc.,  serv- 
ice, 969a,  969b-969c.. 
Advanced,    for    service   on    Panama 

Canal,  927d. 
Brigadier      generals,      certain,      ad- 
vanced, 970. 
Rank  on  aETiRBMKNT — 

Actual  rank  held  at  time  of,  984. 
Advanced,  for  certain  service,  9G9a, 
9G9b~9G9c. 


728 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


RETIREMENT,   ARMY — Continued. 
Officers — Continued. 
Rank  op  ubtirement — Continued. 
Advanced,     for    Civil    War     service. 

969. 
Advanced,    for    service    on    Panama 

Canal,  927c. 
of  Chief  of  Staff  bureau,  376,  973. 
Commissioned  in  advanced,  971. 
if  ReLTrevi  for  disability,  985. 
Reserve  not  entitled  to,  1571. 
Retiring  Board.      See  Retiring  Board. 
Secretaries  to,  not  authorized,   989. 
Territorial  appointments,   960. 

TnANSFBR    TO    ACTIVE    LIST 

See    also    this    subdivision,    Assign- 
ment to  Duty. 
on  Disability  list,  examination,  958g. 
Examination  for  promotion  required, 

958c,  958J. 
Officers    previously    transferred    en- 
titled to  benefits,  958e. 
of  Officers  retired   for  physical  dis- 
ability authorized,  958a,  958d. 
Panama    Canal    service,    age    limit, 

958h-9581i. 
Promotion  after,  ©581,  958J. 
Rank,  grade,  and  arm,  958i. 
with  Rank  to  which  entitled,  958b. 
Subsequent  retirement,   958k. 
Uniform — 

of  Rank  at  which  retired,  988. 
Unlimited   list.      See   this   subdivision, 

Number. 
Vacancies  caused  by — 

Filled  by  promotion  in  order,  987. 
EETIRING  BOARDS  : 

See  also  Retirement,  Army. 
Composition,  convening,  976. 
Findings,   items  prescribed,   979. 
Findings,   revision   by   President,    980. 
Oath  of  members,  977. 
Officers  entitled  to  hearing  before,  983. 
Organization,  976. 
Powers  and  duties,  978. 
RETURNS : 

of  Militia.      See  Militia. 
of  Property.     See  Public  property, 
of  Volunteers.     See  Volunteer  Army. 
RETURNS  OFFICE: 

Extension    of   time    for    filing    contracts 

in,  1211d. 
Filing  of  contracts  in.     See  Contracts. 
REVENUE-CUTTER  SERVICE  : 

Recommissioning  former  officers  in  Coast 

Guard,   1633. 
Transportation    of    personnel    on    trans- 
ports,  529. 
REVIEWING    AUTHORITY.      See    Courts- 
martial. 
REVISED  STATUTES: 

Accrued  rights  not  affected  by  revision, 

315. 
Certificate  to,  by  Secretary  of  State,  312, 

318. 
Citation,  manner  of,  313, 


REVISED    STATUTES— Continued. 
First  edition   1874,  308. 
Printed  copies  as  evidence,  310,  318. 
Repeal  of  acts  embraced  In  revision,  314. 
Repeal    of    certain    sections    relating    to 

militia,  1320. 
Revision,   acts   after   December   1,    1873, 

not  affected,  ai7. 
Revision  authorized,   307. 
Revision,  scope,  313. 
Second  editioUj  318. 
Sections,  arrangement,  reason,  316. 
Supplement  of  1891,  as  evidence,  320. 
Supplement  of  1891,  authorized,  319. 
Title  of  revision,  311. 
REVOCABLE    LICENSES: 

to  Use  public  lands.     See  Public  lands, 
REVOLUTIONARY  lUECORDS  : 

Appropriation  for  collecting,  etc.,  442, 
Publication  by  Secretary  of  War,  442. 
Transfer  to  Secretary  of  War,  440. 
Transfer  to  War  Department,  442. 
REWARDS : 

for    Approl'cnsion    of    deserters,     1056- 

1058. 
for    Apprehension    of    military    convicts, 

1058. 
to  Employees,  for  suggestions,  801,  864a, 

864b. 
RIFLE  CLUBS : 

See  also   Citizena'  training  camps. 
Details  of  enlisted  men  as  instructors  In 

rifle  practice,   954e. 
Issue  of  rifles  and  ammumtion  to,  954a, 

954b. 
Issue  of  targets  to,  954d. 
Results  of  practice,  filed,  1368. 
Sale  of  rifles,  etc.,  to,  price,  1367,  1368. 
RIFLEMEN,    EXPERT.      See   Expert   rifle- 
men. 
RIFLE   PRACTICE.      See   Target  practice, 
RIFLE  RANGES.     See  Target  ranges. 
RIGHT  OF  APPEAL: 

from   Court   of   Appeals.      See    Court   of 

appeals. 
RIGHT  OF  WAY: 

to  Militia  in  District  of  Columbia,  1466. 
over  Public  lands.     See  Public  lands. 
RIGHTS  : 

Accrued,  not  affected  by  revision  of  R.  S., 

315. 
Civil.     See  Civil  Rights. 
RIVER  AND  HARBOR  WORKS: 

Annual  estimates  to  be  submitted,  98. 
Appropriations,      unexpended      balances, 

192. 
Dredging,  etc.,  eight-hour  law  applicable, 

1232. 
Employment  of  retired  officers  on,  799. 
Plans  for  improving,  for  fleet  operations, 

98a. 
Two   or   more   may   be   included   in    con- 
tract, 1210. 
ROADS : 

Across   military   reservations,    when   per- 
mitted, 1284, 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1015. 


729 


ROADS — Contlnuod. 

Right  of  way  for  highways  over  public 
lands,  1283a. 
ROBBERY : 

of  Public  property  from  agent,  penalty, 
1265. 
ROCK   EXCAVATION: 

Dredging  and,  eight-hour  law  applicable, 
1232. 
ROSETTES : 

Showing  attendance  of  enlisted  Reserve 

Corps  at  encampments,  1583. 
Unauthorized  wearing  of,  penalty,  1584. 
Worn  in  lieu  of  medals  of  honor,   1014, 
1017. 
SADDLERS : 

Medical  Department,  percentage,  766e. 
Pay,   695a. 
ST.  ELIZABETH'S  HOSPITAL.     See  Gov- 
ernment Hospital  for  Insane. 
SALARY.     See  Pay. 
SALES : 

of  a  particular  article  or  class  of  sup- 
plies, see  specific  title. 
Army   stores  to  employees  abroad,  205t. 
of  Public  property,  in  general.     See  Pub- 
lic property. 
Statement    of    proceeds    separate    from 
Book  of  Estimates,  100a. 
SANITARY  EQUIPMENT: 

Loan  to  Red  Cross,  775b,  775c,  775d. 
SANITARY  TRAIN: 
Composition,  356a. 
SATURDAYS : 

Half  holiday  in  District  of  Columbia,  53. 
SCHAAF,   BERNARD  A.: 

Pay  and  retirement,  339e. 
SCHOOLS : 

See   also    Colleges;  Educational   institu- 
tions. 
for  Bakers  and   cooks,  prizes  for  gradu- 
ates,   1188. 
Cadets,  entitled  to  wear  uniform,  1010b- 

lOlOd. 
Detachments  at,  organization,  1183. 
for  Enlisted  men  at  posts  and  garrisons, 

1293. 
for  Fire  for  Field  Artillery,  object,  1183. 
Instructions     to     aviation     students     at 

technical,    889xx. 
Issue   of   rifles   and   ammunition   to    cer- 
tain, 954a,   954b. 
of  Line,   Army,   object,   1183. 
SCOUTS.      See   Indian    scouts;   Philippine 

Scouts. 
SCREW  THREADS: 

Cooperation     of     departments,     bureaus, 
etc.,  in  standardizing,  1611a. 
SEA  AREAS.      i?>eoDefensive  sea  areas. 
SEACOAST    DEFENSES.      See    Coast    de- 
fenses. 
SEACOAST  FORTIFICATIONS.     See  Coast 

defenses. 
SEAL  OF  UNITED  STATES: 
Adoption,   15.30. 

Aliixcd    to   commissions  of   civil   officers, 
1531. 


SEAL  OP  UNITED  STATES— Continued. 
Counterfeiting,   etc.,   punishment,    1531b. 
Custody  in  Secretary  of  State,  1531. 
Fraudulently    affixing,    etc.,    punishment, 

1531a. 
SEAL  OF  WAR  DEPARTMENT: 

Commissions  of  officers  issued  under,  925. 
Counterfeiting,  fraudulently  affixing,  etc., 

1531a-1531c. 
SEAMEN  : 

Alien,  naturalization  of,  106(5. 
SEARCH  WARRANTS: 

Affidavits  and  depositions,  1449d,  1449e. 
Authority   to  issue,   1449a. 
Breaking    and    entering,    service,    14491i. 
Breaking    and    entering    to    liberate    de- 
tained  person,   14491. 
Copy  to  person  on  whom  served,  1449L 
Daytime,   service  In,   1449j. 
Depositions.     See  this  title  Affidavits  and 

depositions. 
Examination  of  applicant  and  witnesses, 

1449d. 
Existing  laws  not  repealed,  1449v. 
Filing  papers  with  clerk  of  court  having 

Jurisdiction,  1449q. 
Grounds  for  issue,  1449b. 
Inventory.     See  this  title  Property  taken. 
Issuance  of,   contents,  1449f. 
Malicious     procuring     Issuance,     punish* 

ment,  1449t. 
Obstructing,    etc.,    service    or    execution, 

punishment,   1449r. 
Officer  exceeding  authority,   punishment, 

1449U. 
Opening  letters  under  aiutborlty  of,  253b. 
Perjury    or    subornation    of    perjury    in 

connection  with,   1449s. 
Probable  cause  and  affidavit,  1449c. 
Pkopebty  Taken — 

Copy  of  inventory  to  applicant,  1449n. 

Copy    of    inventory    to    person    from 
whom  taken,  1449n. 

Inventory  of,  1449m,  1449n. 

Receipt  for,  14491. 

Restoration  of,  1449p. 
Punishments.     See  throughout  this  title. 
Receipt  to  person  from  whom  property  is 

taken,  14491. 
Restoration  of.     See  this  title.  Property 

taken. 
Return,    inventory    of    property    taken, 

1449m. 
Service,    breaking    and    entering,    144911, 

14491. 
Service  In  daytime,  1449J. 
Service  of,  1449g. 

Service  of,  time  for  and  retam,  1449k. 
Taking  testimony,  1449o. 
Time  for  service  and  return,  1449k. 
SEAS: 

Jurisdiction   over  offenses  committed  on 

high,  300. 
Seizures    on,    condemnation    proceedings, 

301,  302. 
SEA  TRAVEL: 

See  also   Transportation. 


730 


MILITARY   LAWS   OF   THE   UNITED  STATES,   1915. 


SEA  TRAFEL — Continiifvd. 

Enlisted  men  on  discharge,   to  what  en- 
titled,  1046,    1046a. 
Oflcers    on    discharge,    actual    expenses 

only,  683. 
Surgeons,  etc.,  actual  expenses  only,  682. 
What  to  constitute,  682. 
SECOND  LIEUTENANT^?,  ARMY: 

of  a  particular  branch  of  the  service,  see 

the  specific  title. 
Appointment     See  Officers,  Army. 
Appointment    of    former    cadets    and    re- 
tirement as,  1162f,  1162g. 
Pay,  635. 
Promotion    during    probationary    period, 

918a. 
Provisional,  918a,  331cJ. 
Provisional,  discharge  of,  331cJ. 
Rank,    appointed   under    national-defense 

act,  331g. 
Relative  rank  vrith  officers  of  Navy,  352. 
Temporary,  for  training,  1570,  1571. 
Vacancies   caused  by   Increase   of   Army, 

how  filled,  331d,  331d|. 
Vacancies  caused  by  national-defense  act, 

how  filled,  331f. 
Vacancies,   original,   how   filled,   331o. 
Vacancies,    order   and    method   of   filling, 

918. 
Waiver  of   age   limit   of   candidates   for, 

331d|. 
SECRETARY  OF  THP]  INTERIOR: 

See   also   Executive   departments;   Heads 

of  departments;  Interior  Department. 
Authorized  to  grant  rights  of  way,  1282, 

1283. 
Indian    agents,    under    orders    of,    940, 

1397. 
SECRETARY  OF  LABOR: 

See   also  Executive   departments;  Heads 

af  departments. 
Duty  with  regard  to  claims  for  injuries, 

66. 
SECRETARY  OF  SENATE: 

Distribution   of  Senate  documents,   1172. 
SECRETARY  OF  STATE : 

See  also  Executive  departments;  Heads 

of  departments. 
Acting   as   agent   of   foreign   government 

without  notice  to,   1672. 
Custody  of  seal  of  United  States,  1531. 
Duties,   with   reference   to  Revised    Stat- 
utes.    See  Revised  Statutes. 
SECIiETARY  OF  THE  TREASURY: 
See   also   Executive  departments;  Heads 

of  departments ;  Treasury  Department. 
Accounts.     See  also  Accounting  of  public 

money. 
Accounts,  regulation  by,  196. 
Advance  of  money,  action  on  requisitions, 

237. 
Appropriations,    disposition    of    balances, 

191,  192. 
Claims.     See  Claims. 

Contracts  for  electricity  made  by,  1197. 
Delinquent  accounts,  report  of,  199. 
Designation  of  public  depositories,  182, 


SECRETARY   OF   THE  TREASURY— Con. 
Distress    warrants.       See    Distress    war- 
rants. 
Estimates.     See  Estimates. 
Outstanding  liabilities,   certificate   as  to, 

242. 
Property,   deposit   of  certain   with.      See 

Alien     Property     Custodian;     Trading 

with  enemy. 
Quarantine    stations    under    control    of, 

1463. 
Records,  copies  of,  by,  246. 
Set-offs  of  United  States,  enforcing,  239. 
Supplies    for    departments,    purchase    of, 

1107. 
Surety  companies.    See  Surety  companies. 
Warrants  to  be  signed  by,  237. 
SECRETARY   OF   WAR : 

For   particular    matters   relating    to    the 

War  Department,  see  the  specific  titles. 
See   also   Executive  departments;  Heads 

of  departments ;  War  Department. 
Acting  Secretary  designated  by  President, 

143. 
American  National  Red  Cross,  annual  re- 
ports to,   104a,  104b. 
Assistant  SEcnioTAuy — 

Appointment,  142. 

Creation  of  office,  142. 
Claims.     See  Claims. 
Clothing.     See  Clothing,  Army. 
Contracts — 

Bids,  regulations  for,  1206. 

for  Supplies,  supervision  over,  1189. 
Creation  of  oflice,  141. 
DiscirriiNARi:  Baukacks — 

Clemency  and  restoration,  488a. 

to    Exercise    supervisory    control    over, 
477a. 

Report  of  affairs  of,  477a. 
Estimates — 

Fortifications,  report  on  employees,  818. 

for  River  and  harbor  works,  9S. 

Signal  Ofl3ce,  report  of  employees,  895. 
Inspwotionk — 

of  Disbursements,  and  necessity  there- 
for, 412. 

Reports  of,  to  Congress,  462. 
Mankdvkus — 

Regulations  for,  1298. 

Report  to  Congress  of  joint,  1329. 
Mileage.     See  Mileage. 
Militia.     See  Militia. 
Open-Mabket  Purchases — 

Approval  of,  exceeding  $500,  1200. 

Exceeding    $200,     reported     to,     1198, 
1199. 

of  Horses,  may  fix  maximum  price,  541, 
542. 

Plans  for  improving   harbors  for   fleet 
operations,  98a. 
Powers  and  Duties — 

See    also    throurjhout    this    title. 

Action   final   as   to   dependent  families 
of  enlisted   men,   1347b. 

Approval    of*  expenditures    for    build- 
ings, 1291. 


MILITARY  LAWS  &F  THE  UNITED  STATES,   1915, 


731 


SECRETARY  OF  WAR— Continued. 
PowKus  AND  DcrrBS — Continued. 

Custodian   of   property   of   department, 

148. 
Duties  enumerated,  147. 
Flags    and    colors,  captured,    collected, 

140. 
Gnns,   determinntion  of  bore  and  cali- 
ber, 852. 
Indian     country,     removal     of     cattle, 

1402. 
to    Inspect    militury    prison    annually, 

478. 
Militai-y    forces,    Instruction,    1297. 
Military   records,   collection,    etc,   440, 

442. 
Permits  for  examination  of  rains,  etc.f 

128G. 
Public  property,  inventory  and  return, 

109. 
Regulations,  accounting  for  Army  sup- 
plies,  1259a. 
Report   as    to    land    and    bcnildings    re- 
quired   for    airships    for    coa-st    de- 
fojjses,  1274d. 
Statue   of   Liberty,    to   keep   In   repair, 

1288. 
Supervision  of   department,   147. 
Public   lands.      See    Public   lands. 
<5uarters.     See  Quarters^  Army. 
Reports — 

Annual,   expenditures   for   military   es- 
tablishment,  44g. 
Annual,   to   include    reports   of   inspec- 
tions, 462. 
Branch    Volunteer    Homes    which    can 

be    discontinued,    1502a, 
of  Disciplinary  barracks  affairs,  477a. 
of  Inspections  of  accounts  to  Congress, 

412,  413. 
Militia,    expenditures    for    arms,    etc., 

1336. 
Permanent  military  posts,   1289a, 
of  Unexpended  balances,  193a. 
Request    registration    for    Army    trans- 
ports, on  sale  of,  150b. 
Supplies — 

Prescribe  kinds,  etc,  to  he  purchased, 

516. 
Regulations    for     transpertation,     etc., 
516. 
Transportation    of    troops.      See    Trans- 
portation. 
SECRET   SERVICK  AGENCIES: 

Establisli  by  volunteer  forces,   1385. 
SEDITIOUS    CONSPIRACY.      See   Conspir- 

acy. 
SEIZURES  : 

of  Property  on  Mgh  seas,  condemnation, 
301. 
SELECTIVE   DRAFT.      See   Seleetive-^erv- 

ice  act;  National  Army,  Draft. 
SELECTIVE-SERVICE    ACT  : 
See  also  Nati&nal  Army. 
Draft.       See    this    title    under    National 
Army, 


SELECTIVE-SERVfCE  ACT— Continued. 
Employees  under  food  and  fuel  conserva- 
tion act  subject  to,  1737. 
Maximum     Strength    of    Drafteb    Na- 
tional  Guard — 
Voluntary  enlistment  or  damft  to  main- 
tniu,   1637. 
Maximum  Stkbngth  of  Regular  Army — • 
Voluntary  enlistment  or  draft  to  main- 
tain, 1637. 
Officers,      line     and     staff,      for     forces 

raised  by,  1630. 
Organization    of    forces    under,    same   as 

for  Regular  Army,   1631. 
Penalty    envelopes,    use    for    correspond- 
ence  under,  1050. 
Punishment    for    failure    to    perform    re- 
quired  duties  under,   1660. 
Punishment  for  false  registratien  under, 

IGOO. 
Repealing  clause,  1669. 
Utilize    service    of    departments    and    of- 
ficers   of    United    States    and    States, 
etc,   1658. 
SENTENCES.     See   Punishments. 
SEQUOIA  NATIONAL  PARK  : 

Detail   of  troops   for   protection,    1301. 
Rights  of  way  through,  L282. 
SENATE.     See  Congress. 
SENATE   DOCUMENTS: 

Military      A<jademy      library      furnished, 
1172. 
SERGEANT   BUGLER: 

Pay,  695a. 
SERGEANTS : 

See  also  Noncommissioned  cf^lcera. 

Bands,  pay,  701. 

Cook    instrtuAors,    i^artermaster    Corps, 

506c. 
Commissary.     See  Commissary  sergennit. 
Details.     See  Details, 
Medioal  Department,  percentage,  766d, 
Mess,  pay,  097. 

Ordance.      See   Ordnace  Department. 
Pay,  695,  695a. 

Quartermaster.      See    Quartermaster  ser- 
geants. 
Recruit  depots,   704b. 
Signal  Corps,  percentage,   890a. 
SERGEANTS,  FIRST  CLASS: 

Medical  Department,  percentage,  7663. 
Signal  Corps,  percentage,   890a. 
SERUMS  : 

Surgeon    General,   member   of   board   on, 
780. 
SERVANTS : 

Enlisted  men  not  to  be  used  as,  1068. 
for  OfRoers,  quarters  not  allowed,  670. 
SERVICE   SCHOOLS: 

CivUlan  employees,  pay,  362.  362a,  362b. 
Detachments   of   enlisted   men,    organiza- 
tion, 1183. 
Detachments,    effect    of    aatlonal-defesse 

act,  1106a. 
Detachments  part  of  Regular  Army,  331a. 
Instructors,   leaves   of   absence,   118T. 


732 


MILITARY  LAWS   OF   THE   UNITED   STATES,   1915. 


SERVICE   SCHOOLS— Continued. 
Purchases  of  horses  for,  542. 
for    Theoretical    and    practical     instruc- 
tion.  1183. 
SERVICES  : 

for   Executive   departments.     See  Execur 

five   departments. 
for     Military     Establishment,     contracts, 
1189. 
.  Voluntary,    officers  ^of    Officers    Reserve 
Corps,  acceptance  for  certain  purpose, 
1544b. 
Voluntary,  prohibited,  exception,  37. 
SET-OFFS  : 

to  Claims.     See  Court  of  Claims. 
SETTLEMENT : 

of   Accounts.     See   Accounting  of  pullic 

money. 
of  Claims.     See  Claims. 
SETTLERS : 

on    Indian   lands,   removal   of   unauthor- 
ized, 1400. 
SEWING   MACHINES: 

Exchange  on  purchase  of  new,  1261a. 
SHARPSHOOTERS : 

Additional  pay  for  qualifying,  C99,  G99a. 
SHEEP : 

Driving,    etc.,    across    military    reserva- 
tions, 1284. 
SHELTER  OF  TROOPS : 

in  Philippines,  report  of  expenditures  for, 
548. 
SHERMAN  ANTITRUST  ACT ; 

Not  repealed  by  provisions  of  Food  and 
Fuel  Conservation  Act,  1766. 
SHIPPING  BOARD: 

Purchase   or   charter   of  vessels   suitable 

for  Army  transports,  534e. 
Transfer  of  military  vessels  to,  534f. 
SHIPS: 

See  also  Vessels. 

Turned  over  to  Army,  cost  of,  excepted 
from  appropriations  for,  534g. 
SHOOTING  GALLERIES: 

Authorization,  to  be  open  to  militia,  553. 
Militia  appropriations  may  be  expended, 
1353. 
SHORE  DUTY: 

of     Marine     detachments.     See     Marine 

Corps. 
of  Naval  detachments.     See  Navy. 
SIBERT,  WILLIAM  L.  : 

Promoted     to     brigadier      general,    927b, 

927e. 
may  Retire  on  application,  927J. 
Thanks  of  Congress  tendered,  927a. 
SICK  LEAVE: 

with  Pay  may  be  granted  to  employees, 

50. 
Employees  of  armories  and  arsenals,  not 
affected  by  annual  leave,  857h. 
SICK  REPORTS: 

of  Volunteers,  disposition,  439. 
SICKNESS  : 

Absence  of  officers  on  account  of,  661. 


SIGNAL  CORPS: 

See  also  Chief  Signal  Officer. 

Accounts,  settlement  with  other  bureaus, 

901b. 
Aero  squadron,  organization,  890b, 
Aeroplanes,  exchange  in  part  payment  for 

new,  1261b,  1261c. 
Appointments  and  promotions  In,  884. 
Appropriations  for  support,  882,  889zz. 
Aviation  Duts — 

Details  on,  number  and  term,  889. 
Married  officers  eligible,  889r. 
Pay    and    allowances    while    on,    889, 
889q. 
Aviation  fields.     See  Aviation  fields. 
Aviation  Posts.     See  Aviation  Posts. 
Aviation  schools.     See  Aviation  schools. 
Aviation   Section — 

See   also   Aeronautics,   Advisory   Com- 
mittee for. 
Accidents,    payment   to   beneficiary   In 

case  of  death  by,  889n. 
Aerial  machines,  manufacture  or  pur- 
chase of,  889pp. 
Aero     squadron     organization,     890b, 

8901. 
Aircraft   Board.     See   Aircraft   Board. 
Aircraft  appurtenances,  development  of 

suitable  types,  889vv. 
Aircraft  equipment,  purchase  or  manu- 
facture, 889pp. 
Airplanes,     development     of     suitable 

types,  889 w. 
Airships,   manufacture,   purchase,   etc, 

889pp. 
Appointment  of  general  officers,  879f. 
Appropriation  for,  889zz. 
Appropriation  for  airships,  889l)b. 
Aviation    examining    t>oards,    composi- 
tion, 889k. 
Aviation  mechanicians,  authorized  num- 
ber, 8891,  889nn,  889oo. 
Aviation     mechanicians,      pay,      889j, 

889O0. 
Aviation  motor,  development,  889dd. 
Aviation  stations — 

Barracks,      temporary,      on      public 

lands,  8S9rr. 
Building  necessary  for,  889rr. 
Condemnation,    etc.,    of    \a^A&    for, 

889qq. 
Donation  of  lands  for,  889qq. 
Establishment  of,  889qq. 
Hospitals,      temporary,      on      public 

lands,  889rr. 
Public  lands  for  buildings  on,  889rr. 
Purchase    of    equipment,    etc.,    for, 

889rr. 
Quarters,  temporary,  on  public  lands, 
889rr. 
Aviation      students,      instructions     at 
technical      schools      and      colleges, 
889ix. 
Aviation   students,   qualifications,   etc., 
£89d.  8896. 


MILITARY  LAWS  OP  THE  UNITED  STATES,  1915. 


733 


SIGNAL  CORPS— Continued. 
Aviation  Sbction — Continued. 
Aviators,  civilian,  889t,  889w. 
Balloon  mechanicians,  grade  and  pay, 

S89nn,  8S9oo. 
Basic  patents  for  manufacture  or  de- 
velopment of  aircraft,  889ff,  889hli. 
Buildings  for  equipment,  etc.,  of  889pp. 
Clothing    and    apparel,    special,    for, 

889ss. 
Composition,    879a,   879b,   889b,    889d, 

889i. 
Creation,  8S9a. 

Development  of  suitable  types  of  avia- 
tion engine,  etc.,  889vy. 
Duties  enumerated,  889a. 
Enlisted    men,    instruction    In    art    of 

flying,  889j,  8S9r. 
Enlisted  men,  number  and  pay,  889b, 

889i,-879j,  879k,  889J, 
Enlisted  Reserve  Corps,  on  duty  with, 

889CC,  879j,  879k. 
Equipment,  special,  for,  889ss. 
Examination,      certificate     of     rating, 

889jj. 
Examination,   temporary  officers,  prior 

to  appointment,  etc.,  879d,  879e. 
Expenses,    civilians,    .special    duty    at 

home  or  abroad,  889tt. 
Expenses,  ofBcers,  etc.,  special  duty  at 

home  and  abroad,  889tt. 
Expenses,    special    courees    in    foreign 

aviation  schools,  889uu. 
Expenses,    special    courses    In    foreign 

manufacturing  establishments,  889uu. 
Increase  In,  889jj. 
Increased    pay,    duty    requiring    aerial 

flights,  889p,  889mm. 
Junior  military  aeronauts,  889JJ. 
Junior    military    aeronauts,    Increased 

rank  and  pay,  88911. 
Junior  military  aviator,  889p,  889Jj. 
Mileage,  officers,  etc.,  of  foreign  armies 

serving  with,  889yy. 
Mileage,      officers     in,      appropriation, 

G88a. 
Military  aeronauts,  889jj. 
Military    aeronaut,    increase    In    rank 

and  pay,  88911. 
Military    aeronaut,    length    of    service 

for  rating,  889kk. 
Military    aviator,    increase    in    grade, 

pay,  etc.,  889p,  889jj. 
Military   aviator,   office   created,   889g, 

889jj. 
Military     aviator,     qualifications     for, 

889k,  8S9m. 
Military  aviator,  service  required,  889o, 

889kk. 
Motor-propelled    vehicles,    exchange   of 

on  new,  1261b,  1261c. 
Motor-propelled  vehicles,  purchase  and 

repair,  889pp. 
Officers,     certificates    of    examination, 

8890,  889JJ. 


SIGNAL  CORPS — Continued. 
Aviation  Sbction — Continued. 

Officers,     detailed     from     line,     879a, 

889c-889e,  889k,  8898,  929aJ. 
Officers,  Inefficient,  termination  of  de- 
tail, 889f. 
Officers,    married,    eligible    for    detail, 

889r. 
Officers,  number,  889b. 
Officers,  pay,  889h,  889p. 
Officers,     qualification     certificate     re- 
quired, 889k,  889JJ. 
Officers    rated    in    two    classes,    889g, 

8890,  889JJ. 
Officers,  ratings,  8S9o,  889JJ. 
Officers,    etc.,    special    courses    In    for- 
eign aviation  schools,  etc.,  889uu. 
Officers,    temporary,    appointment,    de- 
tail, etc.,  879c,  879d,  879e. 
Pay,  civilian  aviator,  889u. 
Pay,  former  law  repealed,  889q. 
Pay,   Increased,    duty    requiring   aerial 

flights,  889p. 
Pay  of  enlisted   men   studying  art  of 

flying,   889J. 
Pay,  officers  of  Officers  Reserve  Corps 

in  active  service,  879j. 
Pay   of  Junior   and  military   aviators, 

889h,  889p. 
Plants,   etc.,    for   manufacture  of  air- 
planes, etc.,  889ww. 
Qualification    certificates.    Issue,    8891, 

889JJ. 
Qualification  certlficatea  required,  889k, 

889JJ. 
Rating  of  aviation  officers,  889o,  889JJ. 
Redetail  not  barred,  8898. 
Redetall  of  proficient  aviators,  879a- 
Report   as    to   land   and   buildings   re- 
quired   for    airships    for    coast    de- 
fenses, 1274d. 
Reserve  officers  on  duty  wltl^  889cc. 
Sale  of  airplane  war  materials  to  for^ 
eign  governments,  etc.,  1255a,  1255b. 
Vocational    training   for   enlisted   men 
of,  1293h. 
Aviation  troops.     See  Aviation  troops. 
Battalions,  organization,  890b,  8901. 
Brigades,  organization,  8901. 
Civilian  employees,  pay,  879J. 
Civilian    employees,    traveling    expenses, 

879j. 
Companies,  organization,  890b. 
Composition,  879a,  879b,  880. 
Contracts,  form,  1211b. 
Divisions,  organization,  8901. 
Draftsmen,  employment  of,  895. 
Engines,    exchange    of    on    new,    12Glb, 
1261c. 


Enlisted  Mi 

Additional,  for  ATlatlon  Section,  889b. 
Aviation   Section,   vocational   training, 

1293h. 
Chauffeurs,    first-class,    and   chauffeurs 

created,  890f-890h. 


'34 


MILITARY  LAWS   OP   THE   Ul^ITED  STATES,   1915. 


SIGNAL  CORPS— Continued. 
Enlisted  Men — Continued. 

Chauffeurs,  pay  and  allowances,  SOOg. 
Chauffeurs,  rank,  890h. 
Composition,  890-892,  87.9b,  89.Qa. 
Draft,  age  limit  for,  8904,  89De, 
Excluded  from  strength  of  line,  332e. 
Expenses,     special     aviation    4uty     at 

home  or  abroad,  889tt. 
Expenses,    special     course    In    foreign 

aviation  schools,  etc.,  889uii. 
Grades  established^  890a. 
Increase    for   Alaska    and   Philliipines, 

891. 
Increase  by  eoListment  or  flraft,  890d. 
Increase  in  time  of  ^ar,  892^  890d. 
May  "be  mounted,  890c. 
Organisation,  890-892. 
Pay,  6a&. 

Pay  of  noncommissioned  officers,  695. 
Percentage  of  grades,  890a. 
Retxixns  of  stores  in  possession  of,  901. 
Temporary,  pay  and  allowances,  879h. 
Exchange  of  aeroplanes  and  other  equip- 
ment on  new,  1261bi,  1261c. 
Exchantge     of     typewriters,     etc.,    fi83a, 

1261b,  12Clc. 
Plights,  organization,  8901. 
Hea.dquarber3    detachin^ut,    organization, 

890j. 
Headq«art«ra,    dtrisions,    -etc.,    organiza- 
tion, 890j. 
Horseiiihoer,  pay,  '69Sa. 
Increase,  not  to  decrease  Regular  Army 

or  Naftanai  Army,  '9791. 
Land-site  funds  available  for  oth«r  avia- 
tion purposes^    1274f. 
Military  telegraph.     See  T<ele-ff7-aph  lines. 
Motor-pTMDpelled    vehlcies,    ez^^ange    on 

new,    1261b,    laeie. 
OmcBRS — 

Additional  for  Avi*ttoa  Seetl«a,  889b. 
of    Aviation   Section.      See    this    title, 

A<viation  Section. 
Appointment  of  general,  "879f. 
Detailed  as  chief  of  tele^apTi  bureau, 

Executive  Office,   881. 
Betniled  from  line,  886,  887,  9S6. 
Detailefl   in,  to   be  from   grade  of  va- 
cancy, 888. 
Examined  for  appointment,  or  promo- 
tion,  884. 
Expenses,     special     aviation    duty     at 

home  or  abroad,  889tt. 
Expenses,     special     coarse    in    foreign 

aviation   schools,  etc.,   889ua. 
Lieutenants,  p»rwBfM>*8d,  after  14  y^arg, 

386- 
Number,  87Sa- 
Offlcers'  Reserve  Corps  on  active  ^uty, 

pay,  etc.,   879j,   87Sk. 
Promotions  by  seniority,  88.5,  886. 
Heturns    of    stores    dn    pes«e»8ion    of, 

901. 
TeiHTkorary,    appointment,    detail,    etc., 

879c,  879d.  67»e. 


SIGNAL  CORPS— Continued. 
Officers — Continued. 

Temporary,    appointment,    how    made, 

879e. 
Temporary,    examination    priox   to    ap- 

poLutment,  etc.,  «79d^  879e. 
T^^mporary,  paj  and  allowances,  879h. 
Vxicancles  which   can  not  be   filled   by 

promotions,   887. 
Varnncles,    Regular    Army,    atc.^    from 
temporary  appointments  in,  879g. 
Organization,    879,    880. 
Organization     into     divisions,     brigades, 

regiments,  etc.,  8901,  S90J. 
Organization  of  units,  890b,  8901. 
Part  of  Regular  Army,  331a. 
Privates,  first  class,  percentage,  SJ)Oa. 
Privates,  percentage,  890a. 

PeOI'KRTY — 

Exchange   of    certain    on    pur<:hase   of 

new,   883a,   12Glb,    1261c. 
Regulations    for    keepinjf    to    be    pre- 
scribed,  894. 
Returns  to  be  made  semiannually,  901, 
901a. 
Regiments,  organization,  8901. 
Sai.eis — 
.    Proceeds    available    for     replacement, 

883. 
Sergeants^  additional,   details,  1332a. 
Signal   okfick — 

Eiuployment     of    additional     persons, 

161. 
Employment  of  draftsmen,  895. 
Squadrons,  organization,  890i. 
Vacanciks  Filled — 

by  Details  from  line,  886,  887,  930. 
by  Promotion,  885,  886. 
of  Volunteer  forces,  1385. 
TWngs,  organization,  890i. 
SIGNAL  SCHOOL,  ARMY,  1183. 
SILVER  : 
Coin    or     bullion.       See     Tra^mg    with 

enemy.  License. 
Coin    or    bullion    in    cargoes   for   export, 
report  of,   1439d. 
SITES  : 

for  FortifiscattoBS.     See  F^frtifUxctione. 
for   Public  buildings.      See  PubKc   haild- 
ings. 
SISTER  : 

Defined,   as  to  allotments,   family  -allow- 
ances,  etc.,   1483a:. 
Family   allowances.      See   Famiiy   allow- 
ances. 
SKETCH  : 

Making,    etc.,    unlawful,    concerning    na- 
tional defenses,  penalty,   1317i-1317i. 
SKILLED  DRAFTSMEN.     See  Draftsmen. 
SMALL    ARMS: 

Ammunition,  for  target  practice,  831a. 
Militia,  supplied  with.     See  MUitia. 
•Obsolete,  sale  to  patriotic  organizations, 
839. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


735 


SMALL  ARMS — Continued. 

Prfirtice,  appropriations  for,  availability, 

831. 
Practice,   inspectors  of,  in  militia,  1357. 
SMALL-ARMS    PRACTICE  : 

Inspectors.     See  National  Guard,  InspeC' 
tors  of  small-arms  practice. 
SMITHSONIAN   GROUNDS: 

Temporary    buildings    for    War    Depart- 
ment in,  1279e. 
SOLDIERS : 

See  also  Enlisted  men. 

Discharged,  preference  to,  in  civil  Berv- 

ice,   40,   41. 
Outfits  of,  not  to  be  sold,  1262. 
SOLDIERS'   HOME  : 

Sec    also    National    Home    for    Disabled 

Volunteer  Soldiers. 
Accounts — 

See  also  Accounting  of  public  money. 
Adjustment  by  War  Department  Audi- 
tor limited,   1509. 
Admission — 

Contributors  to  support  of  home,  1515. 
Convicts,     deserters,     drualcards,     ex- 
cluded,  1516. 
Disabled    soldiers,    veterans    of    wars, 

1514,   1515. 
Regulars    or    Volunteers    wounded    In 
duty,    1515. 
Board  of  Commissioners — 

Choice  of  retired  officers  for  duty,  956. 
Composition,  quorum,  powers,  and  du- 
ties,   1502. 
Gifts,   authorized   to  receive,   1508. 
Pensions,  regulation  of  payment,  1520. 
Recommendation  by  of  officers  for  ap- 
pointment, 1505. 
Report  annually  to  Secretary  of  War, 

1504. 
Sites  for,  purchase  of,  approval,  1503. 
Buildings — 

Erection,    approved    by     Secretary    of 

War,  1512. 
Erection    by    commissioners,    approval, 
1503. 

DiSBUUSRMENTS 

Over  $5,000,  approval  necessary,  1512. 
Discharge.     See  this  title,  Inmates. 
Funds — 

Accounts.     See  this  title,  Accounts. 

Borrowing  on   credit  of  home,  forbid- 
den, 1513. 

Cu.stody  In  Treasurer  of  United  States, 
1511. 

Custody,     transfer     in     certain     cases, 
1511. 

Deductions  from  pay,  707,  722,  1508. 

Deposited  in  Treasury,   interest,  1510. 

Disbursement   over   $5,000,    appproval, 
1512. 

Fines  of  courts-martial,  1507,  1507a. 

Forfeitures  for  desertion,  1507. 

Gifts,  1508. 

for  Support,  source  of,  1507. 


SOLDIERS'  HOME— Continued. 

GOVEBNOB 

Appointment,  1505. 

Deputy    governor,    app(rintment,    etc., 

1505. 
One  for  each  site,  removal,  1505. 
Grounds,  purchase  of,  1512. 

INMATEJ3 ' 

Discharged,  regulations  for,  1517. 

Outdoor  relief,  1511,  1518. 

Pensions.     See   this  title,  Pensions   of 
inmates. 

Subject  to  Articles  of  War,  etc,  1521, 
2  A.  W. 

Uniform   furnished  fr«e,  1522. 
Inspection — 

by    Boaird    of    Commissioners,    1502. 

by  Inspector  General  annually,  464. 
Liquor — 

Sale  within  one  mile  prohibited,  1523. 
National  Home  for  Disabled  Volunteers, 

branch    which    can    be    discontinued, 

1502a. 
National  Home  for  Disabled  Volunteers, 

persons  entitled  to  benefits  of,  1502b. 
Officers — 

Borrowing  on   credit  of  home,  iorbfd- 
den,  1513. 

Enumerated,  appointment  and  removal, 
1505. 

Retired   offlecrs,   assigned   to  duty   at, 
956. 

Selected  by  President,  1506. 
Outdoor  relief,  1511,  1518. 
Pensions  of  Inmates — 

Allotment  to  dependent  relatives,  1520. 

on  Death,  without  heirs,  escheat,  1520. 

Paid   to  pensioner  at  discharge,   1520. 

Payment  to  treasurer  of  home,  in  trust, 
1520. 

Surrendered  to  home,  1519. 
Secretary,  1505. 
Sites,   selection  of,  1503. 
Supplies — 

Purchase  on  contract  from  lowest  bid- 
der, 1512. 
Treasurer — 

Bond,   1506. 

Secretary  to  be,  1505. 
SOLDIERS'     HOMESTEADS.     See    Home- 
steads. 
SOLDIERS'  LETTERS.     See  Letters. 
SOLITARY  CONFINEMENT: 

Military  convicts,  report  of,  491. 
SPANISH-AMERICAN  WAR: 

Arrears  of  pay,  etc.,  of  Volunrteers,  time 

limit  for  filing  claims,  218. 
Badges.     See  Badges. 
Pen.sions,  minimum  for  widows  of,  1498h. 

14981. 
Persons  entitled   to  benefits  of  National 

Home  for  Disabled  Volunteer  Soldiers, 

1502b. 
Uniform,  etc.,  of  difioharged  Volimteers, 

1009. 


736 


MILITARY  LAWS  OF   THE   UNITED  STATES,   1915. 


SPECIAL  AGENTS: 

for  Disbursement  of  money,  bond,  248. 
SPECIAL  AND  TECHNICAL  TROOPS: 

Voluntary  enlistment  or  draft  of,  1G41. 
SPECIAL   COURTS-MARTIAL.      See   Arti- 
cles of  War;  Courts-Martial. 
SPECIAL    DISBURSING    AGENTS.       See 

Disbursing  Agents. 
SPEEDY  TRIAL : 

of  Offenders  against  civil  rights,  1453. 
SPIES: 

in  Time  of  Tvar,  death  sentence  author- 
ized, 82  A.  W. 
SPRINGFIELD  ARMORY: 
Master  armorer,  pay,  854a. 
Salaries  of  clerks,   857c 
SQUADRON : 
Cavalry,  1074a. 
Signal  Corps,  890i,  890J. 
STABLE   SERGEANT: 

Pay,  695a. 
STAFF  COLLEGE : 

to   Provide  theoretical,   etc.,  instruction, 
1183. 
STAFF  DEPARTMENTS: 
for  a  particular  department^  see  the  spe- 
cific title. 
Chiefs  or — 

Appointment  of  detailed  oflacer,  375. 
Appointment  from  line  officers,  373. 
Appointment  from  staff  officers,  374. 
Rank  and  pay  fixed,  373,  373a. 
Retired,  rank  and  pay  fixed,  376,  973. 
Enlisted  men.     See  Enlisted  men. 
Noncommissioned   officers.     See  Noncom- 

tiiissioned  officers. 
Off  I  cans — 

Detailed  from  Une,  378. 

Eligibility  for  detail,  restrictions,  937- 

938J. 
Eligibility  for  redeiall,  379. 
General  officers,  350a. 
National    Army,    appointment    to    cer- 
tain grades,  1532a. 
Officers'  Reserve  Corps,  appointment  to 

certain  grades,  1532a. 
Promotion,  by  seniority,  377. 
Promotion  during  detail,  365b. 
not    Reappointed,     return     to     former 

grade,  382. 
Relative  rank   in   corps   or  arm   held, 

381. 
Retirement  before  completion  of  detail, 

380. 
Term  of  detail,   379. 
Transfer  from  line,  934. 
Vacancies    caused    by    details    to    Na- 
tional Guard,  1332d. 
of   Volunteers.      Sec    Volunteer  Army. 
STAFF  DUTY: 

Retired   officers   serving   as   acting  quar- 
termasters regarded  as  on,  975b. 
STAFF  OFFICERS,  ARMY: 
on   staff  0/  a  particular  officer,  see  the 
officer. 


STAFF   OFFICERS,    ARMY— Continued. 

Details  from  Artillery  captains,  etc, 
1090. 

Details  from  Cavalry  captains,  etc., 
1077. 

Details  from  Infantry  captains,  etc., 
1100. 

Details  without  creating  vacancy  inline, 
361. 

Regimental,  deemed  duty  "  with  troops," 
385,  938. 

in  Staff  departments.  See  Staff  depart- 
ments. 

of  Volunteers.     See  Volunteer  Army. 
STAMPS.     See  Postage. 
STATE   CONSTABULARY: 

Home  guards  having  character  of.  See 
Home  guards. 

National    defense    act    does    not    forbid, 
1325d. 
STATE   DEPARTMENT: 

Secretary,     See  Secretary  of  State. 

Tender    of    foreign    decorations    through, 
1012. 
STATE  EMPLOYEES: 

Rates  of  pay  compared  with  Government 
employees,  40g. 
STATE  HEALTH: 

Officers    of    United     States    to    ohserve, 
1462. 
STATE  POLICE: 

See  Home  guards. 

National    defense    act    does    not    forbid, 
1325d. 
STATES : 

Government,  republican  form  guaran- 
teed, 1414. 

Grouping  of   drafted   units  by,   1662. 

Home   Guards.     See   Home  guards. 

Insurrection  against  United  States.  See 
Insurrection. 

Insurrection,  suppression  by  militia,  etc., 
1416. 

Laws  of,  adopted  for  punishing  wrong- 
ful acts,  1316b. 

Local  exemption  boards.  National  Army, 
164&-1C48. 

MlMtla.     See  Militia. 

Punishment,  failure  of  officers  to  per- 
form duties  under  Selective  Service 
Act,  1660. 

Quota  for  National  Army,   1639,  1645. 

Reports  and  information  by  officials  of, 
to  Bureau  of  War  Risk  Insurance, 
1483J. 

Selective-service  act,  utiliae  service  of 
officials  In  Its  execution,  1657. 

Volunteers.     See  Volunteer  Army. 
STATE    SOLDIERS*    AND    SAILORS'    OR- 
PHANS' HOMES : 

See  also  National  Home  for  Disabled 
Volunteer  Soldiers. 

Issue  of  ordnance  to,  954,  955,  831a, 
955b. 

Sales  or  ordnance  to,  951c 


MILITAKT  LAWS  OF  THE  UNITED  STATES,  1915. 


737 


STATE,  WAR,  AND  NAVY  BUILDING  : 
See  also  Public  buildings. 
Department   or   branch,   ejection    of    any 

forbidden,  154b. 
Reapportionment    of    space,    authorized, 

154a. 
Superintendent,  duties,  etc.,  154. 
Vacated    rooms,    restriction    on    use    of, 
154c. 
STATIONERY : 

for  Executive  departments,  contracts  lim- 
ited, 1194. 
STATUE  OF  LIBERTY: 

Secretary    of    War    to    keep    in    repair, 
1288. 
STATUTES  AT  LARGE; 
See  also  Revised  Btatutea. 
Contents,    321. 
as  Evidence,  321. 
Preserved    and    delivered    to    successor, 

323. 
Publication  and  distribution,  322. 
STATUTE   OP  LIMITATIONS: 

See  Articles  of  War,  Limitation  of  prose- 
cutions;   Trading    vHth    enemy.    Alien 
Property  Custodian. 
STEEL : 

Contracts   for,   after  advertisement,   827, 

1239. 
Testing.       See     Ordnance    Department — 
Board  for  Testing  Iron  and  Steel. 
STENOGRAPHERS : 

Employment  of  enlisted  men  as,  1069. 
STOCKS : 

Alien  enemy.     See  Trading  with  enemy. 
Alien   Property    Custodian. 
STOLEN  PROPERTY: 

Penalty  for  receiving,  1266. 
STOPPAGES    OP    PAY.      See    Pay    of   en- 
listed men;  Pay  of  officers. 
STORAGE : 

Food  and  fuel.     See  Food  and  fuel  con- 
servation, Licetises. 
STOREKEEPER : 
Bond,  387. 

Office  of,  abolished,  512. 
Office    of,    revived    for    appointment    of 

Chas.  P.  Daly,  512a. 
at  White  House,  continued  on  rolls,  513. 
STUDENT  OFFICERS: 
of  Law,  forbidden,  469b. 
Ordnance   Department,   813b. 
STUDENTS  : 

Dental,    enlistment    in    Enlisted    Reserve 

Corps,   1591a. 
Medical,  enlistment  In  Enlisted  Reserve 
Corps,   1591a. 
SUBPOENAS : 

of  Witnesses  to  claims.     See  Claims. 
SUBSCRIPTIONS  : 

for  Coast  Artillery,  payment  in  advance, 

10S3a. 
for     Engineer    Corps,     payment    in     ad- 
vance, 801. 
for    Executive   departments,    payment   in 
advance,  77a. 


SUBSCRIPTIONS— Continued. 

for    Military   Academy,    payment   In   ad- 
vance, 1178a. 
for    Quartermaster    Corps,    payments    in 
advance,  520. 
SUBSISTENCE  : 

Limitations    on    allowance    for    feeding 

prisoners  suspended,  776c. 
Per  diem  In  lieu  of,  employees  traveling 
outside  D.  C,  96c,  96d. 
SUBSISTENCE,   ARMY: 

of  Army  sick,  etc..  In  Canal  Zone,  776. 
Furnished  discharged  enlisted  men,  683, 

721,   1046. 
Furnished  officers  on  discharge,  683. 
Rations.      See  Rations,  Army. 
Stores.     See  Subsistence  Department. 
SUBSISTENCE  DEPARTMENT: 

See  also  Quartermaster  Corps;  Staff  <te- 

partments. 
Appropriations— 

Certain,  to  constitute  one  fund,  689a. 
Use  for  subsistence  of  Army,   sick   In 
Canal  Zone,  776a,  776b. 
Commissaries.     See  Commissaries. 
Commissary    General.       See    Commissary 

Oeneral. 
Commissary    sergents.      See    Commissary 

sergeants. 
Composition,  580. 
Consolidation  into  Quartermaster  Corps, 

495. 
Ddtirs — 

Rations,  purchase  of  supplies  for,  586. 
Sales.     See,  this  title.  Stores. 
Sales  to  officers  and  men  at  cost,  587. 
Supply  rations  to  naval,  etc.,  detach- 
ments, 590. 
Oppicebs.     See  also,  this  title.  Duties. 
Bonds  and  condition,  387. 
Bonds,  regulation  and  increase,  388, 
Details  of,  581-583,  936. 
Disabilities,  591. 
Duties,  586. 

Funds  for  stores  may  be  kept  In  pos- 
session, 592. 
Promotions  by  seniority,  581. 
Vacancies,    filled    by    detail,    582,    583, 
936. 
Organization,  580. 
Rations.     See  Rations,  Army. 
Stores — 

Contracts  for,  provisions,  1238. 
Credit    sales    to    men,     deduction     of 

amount  due,  725. 
Credit  sales  to  officers,  deduction  from 

pay,  692. 
Credit  sales,  report  to  Paymaster  Gen- 
eral, 587. 
Embezzlement,  penalty,  1264. 
Funds  for,  may  be  kept  in  possession, 

592. 
Interest  of  officers  in  purchases,  etc., 

prohibited,   591. 
Proceeds  of  sales  available  for  replao- 
Ing,  607. 


54208°— 18 47 


738 


MILITARY   LAWS   OF   THE   UNITED   STATES,   1915. 


SUBSISTENCE    DEPARTMENT — Cont'd. 
Stores — Continued. 

Proceeds  of  sales   covered  into   Treas- 
ury, 609. 
Proceeds     of     sales     not     reported     to 

Treasury,   608. 
Purchases  for  current  year  authorized, 

1190. 
Purchases  for  officers  and  men,  589. 
Regulations  by  Secretary  of  War,  516. 
Sales  of  tobacco  to  enlisted  men»  606. 
Sales    to     another    executive     depart- 
ment, 604. 
Sales  to  oflBcers  and  enlisted  men,  603. 
Sales  to  officers  and  men  at  cost,  587. 
Sales    to    officers,    etc.,    of    Navy    and 

Marine  Corps,  588,  588b. 
Sales  to  other  bureaus  of  War  Depart- 
ment, 604. 
SUBSTITUTES  : 

Hiring    for    military    service    prohibited, 
1643. 
SUGAR : 

Coffee  and,  ration  of.  See  Rations,  Army, 
SUITS  : 

See  also  Courts. 

on  Accounts,  for  recovery  of  balance  due, 

203. 
before   Court   of   Claims.      See   Court    of 

Claims. 
Evidence  in.     See  Evidence. 
for  Labor  and  materials,  bonds  to  cover 
cost,  1217. 
SUMMARY  COURT.     See  Articles  of  War; 

Courts-martial. 
SUNDAYS  : 

Annual  leave  of  employees  not  to  include, 
52. 
SUPERINTENDENTS  : 
of  Assay  offices,  181. 
of     Military     Academy.       See     MUitaru 

Academy. 
of  Nurse  Corps.     See  2Vttr.se  Corps. 
of  State,  War,  and  Navy  Building,  154. 
SUPERIOR  OFFICERS  : 

Permitting  detachment  of  ineligible   offi- 
cers, 937. 
SUPERNUMERARY  OFFICERS  : 

Discharge,  on  application,  pay»  998. 
SUPPLEMENT  : 

to   Revised   Statues.      See   Revised   Stat- 
utes. 
SUPPLIES  : 

for  a  particular  article  see   the  apeciflc 

title. 
Army.     See  Supplies,  Army. 
Executive    departments.      See    Executive 
departments. 
SUPPLIES,   ARMY: 

See  also  Muv.itions  plants;  public  prop- 
erty. 
Accounting  regulations,  1259a. 
Advance  payments  to  contractors,  407a, 

407b. 
Advertising  and  award  of  contract,  1199. 
Contractor's  name  to  be  marked  on,  1241. 


SUPPLIES,  ARMY— Continued. 

Contracts,  direction  of  Secretary  of  War, 
1189. 

Damage,    or    shortage,    charged    against 
pay,  691. 

Manufacture    at    military     prison,     487, 
882a. 

Proceeds  of  sale  to  colleges,  etc.,  951b. 

Purchase  after  advertisement,  exception, 
1198. 

Purchase  by  National  Guard,  conditions, 
1354a,  1354b,  1366a. 

Purchase  in  open  market,  1198-1200. 

Purchase  in  time  of  war,  method,  IGOO. 

Purchase    in    time    of    war,    precedence, 
1601. 

Quartermaster's  supplies.       Soe   Quarter- 
master's Department. 

Reserve,     appropriations     available     for, 
616a. 

Sales    to    educational    institutions,    951a, 
951b. 

Sales  to  Philippine  government,  proceeds, 
417. 

Security    from    contractors    for    advance 
payments,  407b. 

Subsistence  stores.     See  Subsistence  De- 
partment. 

Tran.sportation  by  private  parties,  525a, 
525b,   538. 

Transportation,  United  States  vessels  pre- 
ferred,   152. 
SUPPLY  COMMITTEE.     See  General  Sup- 
ply Com,mittee. 
SUPPLY  COMPANY: 

Field  Artilkry,  1091e,  lOOlf,  lOOlh. 

Infantry,  1097c. 
SUPPLY    SERGEANT: 

Pay,   G95a. 
SUPPLY   STATIONS,   1274c. 
SUPPLY    TRAIN: 

Composition,    356a. 
SUPPLY   TROOP: 

Cavalry,    1074d. 
SUPREME  COURT  OF  UNITED  STATES  : 

Appeal   to,   from  Couit  of   Claims,   295- 
297. 

Habeas  corpus,  writs  of,  may  issue  from, 
266,   267. 
SURETIES.       See    Bonds;    Distress    war- 
rants;   Surety   companies. 
SURETY    COMPANIES: 

Acceptance  as  security,  389. 

Agent  for  service  of  process,   390. 

Authority     to     do     business     must     be 
granted,    391. 

Capital  of  $250,000  required,  391. 

Charter,  etc.,  deposited  in  Treasury,  391. 

Premium,   maximum   chargeable,    393. 

Statements,  quarterly,  to  Treasury,  392. 
SURGEON   GENERAL: 

See  also  Medical  Department. 

Artificial  limbs  furnished  officer,  etc.,  782. 

Board  on  serums,  etc.,  member  of,  780. 

Contract  ^urgeons,  appointment  by,  738. 


MILITAKY  lAWS  OF  THE  UNITED  STATES,  1915. 


7a9 


SURGEON  GENERAL— Continued. 

Hygienic  Laboratory,  board,   member  of, 
781. 

Lossos  of  property,  to  certify  charges  for, 
1256. 

Rank  of  major  general,  373a,  927f,  927g. 

Rank  of  present,  S73a,  728a. 

Trusses     furnished     soldiers,     etc.,     783, 
783a,    783b. 
SURGRONS,   ARMY: 

See  also  Civilian^  physicians. 

Contract.     See  Contract  snrgeorts. 

Dental.     See  Dental  surgeons. 

M<MlicaI  Corps.     See  Medical  Corpa. 

Medical  Reserve  Corps.     See  Medical  Re- 
iterve   Corps. 

Services  with  Bureau  of  War-Ri»k  Insur- 
ance,  1483g. 
SURGICAL   SERVICES: 

Wrector,  Bureau  of  War-Risk  Insurance 
may   furnish,   14S3bbb. 

Injured    Federal    employees    Mitltled    to, 
661. 
SURVEYS  : 

Mark,    etc.,    of,    penalty    for    disturbing, 
1313. 

Prop^-ty  for,   transportation  of,   532. 
TABLE  OF  DISTANCES.      See  Mileage. 
TACTICAL    ORGANIZATIONS.       See    The 

erganixation. 
TARGET    PRACTICE: 

AuumiEttion     and'    other    material*     for 
small-arms,   8.31a. 

Ammunition,    targets,    etc.,     for    educa- 
tional, 955b. 

Claims    for  damages    ta   property    from, 
162,    162a. 

Cofts*  Artillery,  regulating  navigation  in 
connection  with,  1315c,  1315d. 

Issue  of  rilles.  and  ammunition  to  schools 
and  clubs  for,  954a,  954b. 

Issue    of    targets    to   dubs    and    sehoola, 
954d. 

Militia.      See   Militia. 

National  Guard.     See  National  Guard. 
TARGfeET   RANGES: 

Arms,  Lsaue  for  use,  55Se. 

Authorization,  open  to  militia,  etc.,  553. 

Civilian,  appropriation,  1579,  1579a. 

Director  of  civilian  mark.smanshlp,  1580. 

Estimates,  annual,  553a. 

Home  guards,  use  of  extended  to,  1361f. 

Instructors,  detail,  553c. 

Militia  appropriation  available  for,  1353. 

National  Guard,  sale  of,  1281a-1281c. 

Use  of,  extended  to  borne  guards,  1361f. 

Use,  geawal,  555*,  553b,  iSGlf. 
TAXATION : 

Compensation  for  death  or  disability  ex- 
empt from,   1483UU11. 
TAYLOR   SYSTEM: 

Officers  prohibited  installing,  8M&,  864b. 
TEACHERS : 

Vocational  instruction  for  enlisted  men, 
1293a,    1293b. 


TELEGRAM  ; 

Allen  enemy.     See  Trading  ivith  enemp. 
License. 
TELEGRAPH    COMPANIES: 

Comimorcial,     forwarding    charges.       Bee 
Telegraph   Lines. 
TELEGRAPH   CORPS: 

Certificates    of    service    to    members    of, 
458. 
TELEGRAPH   LINES: 

in  Alaska,  by  foreign  Governments  pro- 
hibited, 897. 

In  Alaska,  commercial  business  over,  897. 

In   Alaska,   estimates,    899. 

Connecting  Capitol  and  departments,  128. 

Military,  collection  of  forwarding  charges 
due  connecting  companies,   898a. 

Military,  penalty  for  destruction^  etc., 
900. 

Military,  receipts  from  commercial  busi- 
ness,  898,   898a. 

Military,  under  Chief  Signal  Officer,  896. 

Operators  for  Capitol  line,  detail  of,  12T. 

Washington-Alaska  line,  receipts,  899. 
TELEPHONE    LINE: 

Military,  destruction,   etc'.,  penalty,   900. 
TELEPHONE    SERVICE: 

Executive  departments,  contracts  for, 
1197. 

Long-distance  calls   from   residences,   83. 

Private,    not    to    be    paid    from    public 
funds,   83. 
TEMPORARY  CLERKS: 

in  Executive  departments,  compensation, 
45. 
TENTS : 

Issue  to  Reserve  Officers'  Ti-alnlng  Corps, 
156». 

Loan  of  restricted  to  G.  A.  R.  and 
U.    C.   v.,   1259b. 

Loan,   restrictions,    588b,   1259b. 
TERM    INSURANCE.      See    Military    and 

navai  insttrance. 
TERRITORIAL    JURISDICTION    OF 
UNITED  STATES: 

Offenses  committed  within,  lS16a,  1316b. 
TERRITORIES  r 

See   also   Haicaii. 

Adjutants  General,  appointment,  1335h. 

Discrimination  against  uniform,  penalty, 
1010. 

Home  Guards.     See  Home  Guards. 

Laws  of,  adopted  for  punishing  wrong- 
ful  acts,    1316b. 

Local  exemption  boards.  National  Army, 
1646-1648. 

Militia.      See   Militia. 

National  Guard.     See  National  Guard. 

Punishment,  failure  of  officers  to  per- 
form duties  under  Selective  Service 
Act,   1660. 

Quota  for  National  Army,  163^,  1645. 

Selective  Service  Act — 

UtiliTie  services  of  officials  in  its  exe- 
cution, 1657. 


740 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


TESTIMONY.     See  Evidence. 
TEXAS : 

Permits  to  Indians  to  enter,  prohibited, 

1413. 
Repealed,  1413a. 
THEATERS  : 

Actors   in,   permitted    to   wear    uniform, 

1010b. 
Discrimination  against  uniform  in,  pen- 
alty, 1010.         % 
THREATS   AGAINST   THE   PRESIDENT: 

Punishment  for   making,   la. 
TIME: 

Rules  for  division   in  computing  pay  of 

enlisted  men,  626. 
Rules  for  division  in  computing  pay  of 
Government  employees,  44h. 
TIME  CLOCKS.     See  Recording  clocks. 
TIME-MEASURING  DEVICES  : 

Use  prohibited,  8G4a,  864b. 
TIME  OF  WAR.     See  War. 
TITLES : 

Examination  by  Attorney  General  waived, 

1274g,    12740,    1274p. 
Examination,    prior    to    possession,    258, 

12740,    1274p. 
Examination,  prior  to  possession  waived 

in  time  of  war,  802d. 
Lands  talien  for  proving  ground,  imme- 
diately vest,  1274n. 
to   Sites   for   fortifications.     See  Fortifi- 
cations. 
TOBACCO : 

Officers  not  to  be  Interested  in  purchase, 

59L 
Sale  to  enlisted  men  at  cost,  606. 
Sale    to    soldiers,    deductions    from    pay, 
724. 
TORPEDO  CONTROL.     See  Radiodynamic 

torpedo  control. 
TORPEDOES  : 

Trespassing    upon    or    injury    to,    1315, 
1315a,   1315b. 
TORPEDO    STATION: 

Obtaining,  communicating,  etc.,  unlawful 
information     concerning,     penalty, 
1317i-13173. 
TOTAL  DISABILITY: 

See    Military    and    naval    compensation. 
Disability. 
TO  TRADE: 

Defined.     See  Trading  with  enemy. 
TOXINS: 

Surgeon    General    member   of   board    on, 
780. 
TRADE-MARKS  : 

Registration  of,  by  enemy.     See  Trading 
toith  enemy,  License. 
TRADING  WITH   ENEMY: 
Act  defined,   1420a. 

Act    not    to    validate    trading    since    be- 
ginning of  war,  prior  to  its  passage, 
1420J. 
AiiiEN  Property  Cdstodian — 

Abrogation   of   contracts,   providing  for 
deliveries  during  war,  notice,  1424q. 


TRADING  WITH  ENEMY-— Continued. 
Alien   Property  Custodian — Continued. 

Accountants,  appointment  and  compen- 
sation,  1424c,   1424d. 

Acts  done  under  regulations  of  Presi- 
dent not  to  create  liability  In  court, 
14241. 

Appointment,   1424a. 

Appropriation  for  expenses,  1424JJ. 

Attachment  of  property  transferred  to, 
1424W,    1424X. 

Attorneys,  appointment  and  compensa- 
tion, 1424c,  1424d. 

Bond  of,  1424b. 

Certificate  of  appointment  evidence  in 
all    courts,    14241,   1424m. 

Certified  copy  of  record  of  appoint- 
ment evidence  in  courts,  1424m. 

Claims  of  enemy  at  end  of  war,  settle- 
ment, 1424gg. 

Claims  to  property,  etc.,  transferred  to, 
1424t-1424x. 

Clerlis,  appointment  and  compensa- 
tion, 1424c,  1424d. 

Contracts  held  by  persons  not  enemy, 
against  or  with  enemy,  enforcement, 
1424n-1424p. 

Contracts  held  by  persons  not  enemy 
against  or  with  enemy,  regulations 
for,  14240. 

Contracts,  statutes  of  limitations.  See 
this  title  Statutes  of  limitations. 

Depositaries,  certain  property  to  be 
placed  in,   1424aa. 

Depositaries,  designation  of,  for  Iteep- 
ing  property,  1424z. 

Depositaries  to  give  bond,  1424bb. 

Deposit  in  Treasury  proceeds  of  sales 
of  property,  1424ee. 

Duties,  1424CC 

Effect  of  payment  or  delivery  of  prop- 
erty  to,   1424J. 

Employees,  appointed  under  civil-serv- 
ice law,  1424d. 

Enforced  contracts  of  persons  not  en- 
emy, held  against  or  with  enemy, 
disposition  of  surplus,  1424p. 

Extension  of  time  for  filing  with  list 
of  property  of  or  debts  due  enemy, 
1427g. 

General  powers  and  duties,  1424a, 
1424CC. 

Investigators,  appointment  and  com- 
pensation,  1424c,    1424d. 

Lien.     See  this  title  Mortgages. 

List  of  stoclf  owned  by  enemies,  strik- 
ing  names   from,    1427c. 

Moneys  transferred  to,  payment  into 
Treasury,   1424y. 

Mortgages  held  by  persons  not  enemy 
against  or  with  enemy,  enforcement, 
1424n-1424p. 

Notice  and  form  of  claims  for  prop- 
erty, etc.,  transferred  to,  1424t. 

Notice  of  suit  against  licensee  of 
patent  filed  with,  1425ff. 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


741 


TRADING  WITH  ENEMY— Continued. 
Alien  Propeuty  Custodian — Continued. 
Notice  to,  before  entry  of  judgment  in 

favor  of  enemy,   1425nn. 
Oi'der    of    President    for    transfer    of 

property  to  claimant  not  bar  to  suit 

as  to  right  to,   1424u. 
Payment    or    transfer    in    accordance 

with  order  of  President  or  decree  of 

court,    1424hh. 
Payment  to,  by  license  of  per  centum 

of   receipts    from    sales   of   patented 

articles,    1425bb. 
Pledges    held    by    persons    not    enemy, 

against  or  with  enemy,  enforcement, 

1424n-1424p. 
Property,  etc.,  conveyed  to,  receipt  for, 

1424J,   14241c. 
Property  held  for,  or  debts  due  enemy, 

reported  to,  1427d-1427g. 
Property,    etc.,    transferred    to    Treas- 
urer of  United  Siaces,  when,  1424ff, 
Property  owned  by  enemy,  to  be  con- 
veyed  to,   1424g,   1424h. 
Repayment    of    per    centum    deposited 

with,  by  licensee  of  patent,  1425jj, 
Reports — - 

Annual     to     Congress,     proceedings 
under  Act,   1424c,   1424f. 

Number    and    compensation    of    em- 
ployees,  1424f. 

Property    held     for,     or    debts    due 
enemy  on  certain  date,  1427e. 
Statement  of  kinds  of  property  taken 

and  disposition  of  same,  1424f. 
Secretary    of    Treasury,    certain    prop- 
erty to  be  deposited  with,  1424aa. 
Statutes  of  limitations,   suspension  of 

running,    contracts    made    prior    to 

war,    1424r,    1424s. 
Strike  names  from  reports  of  property 

held  for,  or  debts  due  enemy,  1427f. 
Suits    to   establish    claim   to   property, 

1424V. 
Transfer    to,    on    books,    stocks,    etc., 

owned  by  enemy,  1424dd. 
Voluntary     payment     of     property     of 

enemy   to,   1424h. 
Ally  of  enemy  defined,  1420c. 
Appropriation     for     expenses     of,     Act, 

1424JJ. 
Assignee,  indorsee,  etc.,  of  debt  of  enemy, 

not  to  have  right  or  remedy,  1420k. 
Bank  or  banks  defined,  1420h. 
P.eginnlng  of  the  war  defined,  1420f. 
Canal  Zonb — 

Jurisdiction    of    courts    of,    over    of- 
fenses under  Act  regulating,  1425uu. 

Collectors  op  customs — 

Reports  of  gold  or  silver  coin,  etc.,  in 
cargoes  for  export,   1439d. 
Conveyance,  etc.,  without  license  not   to 

confer  right  or  remedy,  1420k. 
Copyright.     See  this  title  Licc7i8e, 


TRADING  WITH  ENEMY— Continued. 
Corporations — 

Amount  of  stock  owned  by  enemy  of- 
ficers,  1427a,    1427b. 

List  of  enemy  officers,  directors,  or 
stockholders,  1427a. 

List  of  stock  owned  by  enemy,  1427b. 

List   of   stock   owned,   striking   names 
from,  1427c. 
Definition  of  Act,  1420a. 
District  Courts  of  United  States — 

Jurisdiction  as  to  rules,  orders,  proc- 
ess, etc.,  appeals,  1425tt. 
End  of  the  war  defined,  1420g. 
Enemy  defined,  1420b. 
Evidence  in  prosecution.     See  this  title 

Notice  from  President. 
Importation     of     certain     articfes     pro- 
hibited by  proclamation,  1431a. 
Inventions — 

Abandoned,  when,   1425qq,   1616b. 

Keeping  secret  and  withholding  grant 
of  patents  for,  1425pp,  161Ca. 

Tendered  to  United   States,  compensa- 
tion for  use  of,  1425rr,  1616c 
License — 

Alien  enemy,  exceptions  as  to-  trans- 
mission  from  United   States,  1425d. 

Censorship  of  communications  by  mail, 
etc.,    1425c,    1425f. 

Change  of  name  of  enemy,  1425q. 

Claims  of  policyholders,  etc.,  on  re- 
fusal or  revocation,  1425p. 

Conveyances  without,  not  to  confer 
right  or  remedy,  1420k. 

Copyright,  applications  by  enemy, 
1425v. 

Currency,  regulating  transactions  in 
foreign  exchange,   1425u. 

Enemy  insurance  companies  transmit- 
ting funds  out  of  United  States, 
14251. 

Evading  censorship  of  communications, 
punishment,  1425f. 

Extension  of  time  for  filing  applica- 
tions for  letters  patent,  etc.,  1425V. 

Failure  to  apply  for,  within  time  limit, 
14250. 

Gold  coin  or  bullion,  regulate  transac- 
tions in  foreign  exchange,  1425u. 

Insurance  companies,  abrogation  of  ex- 
isting contracts,  1425J. 

Insurance  companies,  conditions  and 
revocation,  1425b. 

Insurance  companies,  enemy,  doing 
business  in  United  States,  1425g, 
14251. 

Insurance  companies,  revocation  or  re- 
fusal of,  notice,   14251. 

Lawful  for  enemy  to  do  business  in 
United  States,  when  and  under  what 
conditions,   1425m. 

Manufacture,  use,  etc.,  articles  cov- 
ered by  patent  of  euemy,  1425y, 
1425Z. 


742 


MILITAKY  LAWS  OF   THE   UNITED  STATES^  1915. 


TRADING  WITH  ENEMY — Coatinued. 
License — Contimied. 

Offenses,     pimishraeut,     forfeiture     of 

property,  etc.,  1425ss. 
Patents — 

Applications  for,  citizens  of  United 
States  in  enemy  country,  1425x. 

Application  for  letters,  by  «nemy, 
1425V. 

Cancellation  of  licenses,  1425dd. 

Certain  powers  of  attorney  valid, 
142500. 

Condition  of  License  for  manufacture 
or  use,  and  fees  for,  1425z. 

Court  may  award  reasojiable  royalty 
to  owner,  1425hh. 

Defenses  to  suit  by  licensee,  1425gg. 

Extension  of  time  for  filing  applica- 
tions, 1425W. 

Fund  from  which  judgment  and  de- 
cree shall  be  paid  to  owner,  1425ii. 

Injunction  against  infringement  by 
licensee,  14251L 

Inventions.  See  this  title  Inven- 
tions. 

License  to  manufacture,  use,  etc.,  de- 
fense to  suit  by  owner,  1425aa. 

Manufacture,  use,  etc.,  articles  cov- 
ered by,  1425y,  1425z. 

Notice  of  suit  against  licensee, 
1425ff. 

Notice  to  alien  propery  custodian  be- 
fore entry  of  judgment,  1425nn. 

Payment  of  tax,  annuity  or  fee  to 
enemy  in  relation  to,  1425x. 

Payment  to  alien  property  custodian 
of  per  centum  of  receipts  frdm 
sales,  1425bb. 

Repayment  of  per  centum  deposited 
with  alien  property  custodian, 
1425U. 

Reports  to  President  to  cease  upon 
entry  of  suit  or  repayment  of 
funds,  1425kk. 

Restraining  infringement,  right  of 
enemy  owner,  1425mm. 

Statements  filed  by  licensee  with 
President,  contents,  1425bb. 

Suits  againfit  licensee  by  owaer  of 
patent,  1425ee.  1425ff. 

Termination  of  license  on  suit 
brought,  142511. 

Term   of  licenses,   1425cc. 
Payments    by     enemy     to    person     in 

United    States    not    enemy,    1420m, 

1420n. 
Payments  by   Treasurer,   funds  depos- 
ited by  licensee,  1424ii. 
Postponement  of  certain  acts,  1425t. 
Premiums,  existing  policies  on  refusal 

or  revocation,  1425p. 
Proclamation   as   to   marine  and  war- 
risk  insurance   as   affecting   German 

companies,  1425k. 
Prohibiting  or  licensing  foreign  insur- 
ance companies,  1425r. 


TRADING  WITH  ENEMY— Continued. 
License — Continued. 

Refusal  or  revocation,  1425q. 
Refusal  or  revocation,  claim  of  policy- 
bolder,  etc.,  on  1425p. 
Refusal  or  revocation,  premiums  on  en- 

isting  policies,  1425p. 
Regulate    transactions    in    foreign    ex- 
change, 1425u. 
Rules  and  regulations  for  enforcement 

of  Act,  1425s. 
Tax,  annuity  or  fee,  payment  to  enemy 

in  relation  to  patent,  etc^  1425x. 
•Trading   with   enemy  without,   prohib- 
ited, 1425a. 
Trade-mark,     registration     by     enemy, 

1425  V. 
Transmission    of    money,    etc.,    out    of 

United  States,  1425n. 
Transporting     enemy     into     or     from 

United  States  without,  1425b. 
Sending   letters    into   or    from    United 

States   to   enemy,    1425c. 
Silver  coin  or  bullion,  regulate  trans- 
actions    in     foreign     exchange     of, 
1425U. 
Special,  general  or  temporary  to  ally  of 

enemy,  14258. 
Suit  in  United  States  courts  by  enemy 

holding,  1420p. 
Suspension   of   provision   of   act  as   to 
ally  of  enemy,  1425s. 
Notice  from  President  that  person  is  ene- 
my, prima  facie  defense  in  suit,  1420r. 
Notice  from  President  that  person  is  ene- 
my,  prima   facie   evidence   in   prosecu- 
Uon,  14203. 
Offenses,  punishment,  forfeiture  of  prop- 
erty, etc.,  14258S, 
Patent,  letters,     Se«  this  title,  License, 
Payment,  obligations  assigned  to  persons 
not  enemy  prior  to  beginning  of  war, 
14201. 
Payments  by  enemy  to  person  In  United 
States  not  enemy  made  prior  to  begin- 
ning of  war,  1420m. 
Persons  defined,  1420d. 
Philippinh  Islamos — • 

Jurisdiction  of  courts  over  offenses  un- 
der act  regulating,  1425uu. 
President,    notice    from    that    person    is 
enemy  prima  facie  evidence  In,  1420s, 
1420t. 
Property.     See  this  title,  Alien  Property 

Custodian. 
Reports,  property  held  for  or  debts  due 

enemy,  1427d-1427g. 
Reports,   property  held  for  or  debts  due 

enemy  as  of  certain  date,  1427e. 
Reports,  property  held  for  or  debts   due 
enemy,    extension    of    time    for    filing, 
1427g. 
Strike    najnes   from    reports   of   propert> 
helJ  for  or  debts  due  enemy,  1427f. 


MILITARY  LAWS  Off   THE  UNITED  STATES,  1915. 


743 


TRADING  WITH  ENEJVIY— CojitinuetL 

Suits — 

Actions    in    United    States    courts    by 

enemy,  prior  to  end  of  war,  1420o. 
Rrglit  of  enemy  to  defend  by  couixsel, 
1420q. 

to  Trade  defined,  1420i. 

Trade-mark  registration.      See  tbJs,  title, 
License. 

United  States  deflued,  1420e. 

Vessels — 

Refusal    of    clearance    on    belief    that 

statement  required  is  false,  1439c. 
Statements    of    masters    and    owners, 
copies  for  American  consular  officers, 
1430b. 
Statements   required  from   master  and 
owners,  contents,  1439a,   1439b. 
TRAINING  CAMPS.      See   Citizens'   Train- 
in(j  camps;  Target  ranges. 

Commandeering    or    requisitioning    lands 
for,  S02d. 

Condemnation      proceedings,      sites     for, 
802a-802d. 

Donation  of  lands,  acceptance,  802c, 

Examinations  of  title,  etc.,  prior  to  pos- 
session waived,  802d. 

Purchase  of  lands  at  agreed  price,  802b. 

Suppression   of   houses   of  ill-fame   near, 
129r>e,   1295f. 
TRAINING  STATIONS: 

Donations  of  land.s  for,  12T4e. 

Report  as  to  needs,  1274c. 
TRANSFERS  : 

in  Executive  departments.     See  Executive 
departments — Employees. 

of  Enlisted  men.     See  Enlisted  men. 

of  Officers.     See  Officers,  Armp. 

from  Retired  to  active  list.     See  Retire- 
ment, Army. 
TRANSLATIONS.      See   Newspapers;   Pub- 
lications. 
TRANSISTORS : 

Army  service  schools,  1183a. 

Auditing   accounts    abroad,   number   and 
compensation,  2G5b. 
TRANSPORTATION  : 

for  a  pcrtlcular  class  of  articles,  see  the 
specific  title.     See  also  Tnavel. 

Agencies  at  Washington  by  common  car- 
riers, 525h. 

Antitrust    violations,    provision    not    re- 
pealed, 525d. 

of  Army  supplies.     See  Supplies,  Army. 

on    Army    transports,    restrictions,    528- 
530. 

Commandeering  systems  in  time  of  war, 
525b. 

Contracts    for    means   of,    advertisement, 
1235. 

Control  of  systems  In  time  of  war,  525b. 

Delivery,  prompt,  525a. 

Directions  for  preference  to  national  de- 
foKTse  commodities,  525f. 

Duties  of  common  carriers,  525i. 

Embargo  on  military;  prohibited,  525a. 


TRANSPORTATION— Continued. 

of  Enemy.  See  TradiiiQ  with  enemy,  li- 
cense. 

Enlisted  men,,  an  discharge^  683,  1045, 
1046. 

Exempting  carriers  from  existing  prefer- 
ential, provisions,  5251c. 

Explosives  over  defensive  sea  areas,  etc., 
1310C,  1315d. 

of  Horses  for  officers,  to  place  of  station, 
561. 

Dabor  disputes  provision  not  repealed, 
525d. 

Mileage.     See  Mileage. 

National  Army  forces  to  home  station, 
1640b. 

National  Guard  attending  joint  maneu- 
vers, reduced  rates,  1328e. 

Nurse  Corps.     See  'Nurse.  Corps.. 

Obstructing,  during  war  with  Germany, 
525c. 

Officers  detailed  abroad,  673. 

to  Officers  in  kind,  deducted  from  mile- 
age, 685. 

Officers,   on   discharge,  683. 

of  Officers,  over  land-grant  railroads, 
686,  687. 

Officers,  restriction  as  to^  533. 

Preference  in  time  of  war,  525a,  525b, 
525e. 

Preference,  offices  and  compensation  for 
persons  designated,  525g. 

Preference  to  national  defense  commodi- 
ties, 525e,  525f. 

Punishment  of  common  carriers,  neglect 
of  duties,  525i. 

Pm'chasfi  of  draft  animals,  restrictions, 
537,  538. 

Purchase  or  hire  of  vehicles,  etc.,  535. 

Rates  for  persons  and  property  to  bo 
just,   etc.,  525j. 

Reduced  rates,  members  of  National 
Guard  attending*  ioint  maneuvers, 
1328e. 

Reimbursement  for  excess  baggage,  etc., 
526,   527. 

of  Remains  of  officers,  etc.,  wbo  die 
abroad,  1063. 

Requisitioning  aystems  in  time  of  war, 
525b. 

of  Troops,  by  land-grant   railroads.   531. 

of  Troops,  preference  to,  in  time  of  war, 
525,   525a. 

of  Troops,  under  dire€tion  of  Secretary 
of  War,  524. 

Use  of  armed  force  to  prevent  ol>sti"uct- 
Ing^,  during  war,  525e. 

Vessels,   military,   not  required,   534f. 

Vessels,  transfer  to  Army  in  emergencies, 
534a-5.34d. 
TRANSPORTS,   ARMY: 

See  also   Transportation. 

Inspection    by    Naval    officers,    506. 

Intoxicating  liquors  not  to  be  sold  on, 
12t>5. 


744 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


TRANSPORTS,   ARMY— Continued. 

Register  as  United  States  vessels  on  sale 
of,    150b. 

Safety  equipment  required,  536, 

Sale,  consent  of  Congress  necessary,  150, 
150a. 

Service,     discontinuance     of,     authority, 
151. 

Shipping   Board   to   purchase   or   charter 
suitable  vessels,  534e. 

Steamships,  purchase  for  use  as  author- 
ized, 534. 

Transfer    to    Shipping    Board    when    not 
required,  534f. 

Use,  restrictions,  528-530. 
TRAVEL : 

See    also    Transportation;   Traveling    ex- 
penses. 

Accounts,  oaths  to,  who  may  administer, 
65. 

Allowances  of  enlisted  men  on  discharge, 

1045,  1045a,  1045b. 

Allowances  of  officers  on  discharge,  684. 

Mileage.     See  Mileage. 

of  Officers,  necessity  for,  to  be  certified, 

675. 
Sea  travel  of  enlisted  men  on  discharge, 

1046,  1046a. 

without    Troops    In    Alaska,    actual    ex- 
penses only,   681. 

without  Troops,  Secretary  of  War  to  de- 
fine, 671,  671a. 
TRAVELING  EXPENSES : 

Audit  of  Accounts — 

Military   Establishment,   employees   re- 
siding in  foreign  countries,  205j. 

of   Civil    officers    and    employees,   limita- 
tions upon,  680a. 

Civilian  employees,  Signal  Corps,  879J. 

Foreign  Armies — • 

Officers  and  enlisted   men   attached  to 
United  States  Army,  673b,  8S9yy. 

Military  Academy  candidates,  1152. 

Militia  officers,  board  of,  per  diem,  1338. 

to  Militia  officers,  etc.,  attending  schools, 
1334. 

Officers   on   Instruction   tours,   in   lieu  of 
mileage,  680. 
TREASURER  OF  THE  UNITED  STATES: 

See  also  PuMic  moneys. 

Appointed  by  President,  178. 

Assistants.     See  Assistant  Treasurers  of 
the   United  States. 

Authorized,    178. 

Duties  enumerated,  179. 

Duties  as  fiscal  agents,  185. 

Report     on     unchanged     balances,     183, 
183a. 

Transfer  of  money  or  property  of  alien 
enemy  to,  when,  1424ff. 
TREASURY : 

Deposit    proceeds,    sales   of   alien    enemy 
property  in,  1424ee. 

Moneys    paid    into.      See    Trading    with 
enemy.  Alien  Property  Custodian. 


TREASURY  DEPARTMENT: 

Appropriations.      See  Appropriations. 
Assistant     Treasurers.  See   Assistant 

Treasurers  of  the  United  States. 
Bureau    of    War    Rislj    Insurance.      "See 

Bureau  of  War  Risk  Itisurance. 
Claims.     See  Claims. 
Claims   allowed,    report   to    Congress    of, 

216. 
Distribution  of  family  allowances,  712w. 
Payment    of    compulsory    allotments    to, 

for  distribution,  712w. 
Records  of,  as  evidence,  246,  247. 
Secretary.      See  Secretary  of  the  Treasury. 
Treasurer.     See  Treasurer  of  the  United 

States. 
TREASON : 

Criminal     correspondence     with     foreign 

governments,  punishment,  1415h. 
Defined,  1415d. 
Enlisting     for     service     against     United 

States,  1415k. 
Inciting,    etc.,    rebellion    or   insurrection, 

punishment,  1415g. 
Letters,     newspapers,     etc.,     advocating, 

nonmailable,  253c. 
Misprison     of    treason     defined,    punish- 
ment, 141 5f. 
Punishment  for,  1415e. 
Recruiting    for    service    against    United 

States,  punishment,  1415J. 
Seditious  conspiracy,  punishment,   14151. 
TREATIES  : 

Power  to  make,  vested  in  President,  7. 
TREES : 

Blazed,    to    make   surveys,    cutting,    pen- 
alty, 1313. 
on    Public   lands,    cutting,   etc.,   penalty, 

1311,  1312. 
TRESPASS  : 

Canal  Zone  defenses,  jurisdiction,  1315b. 
Harbor    defenses,    penalty,    1315,    1315a, 

1315b. 
Public  lands.     Sec  Public  lands. 
Torpedoes,    injury    to    or,    1315,    1315a, 

1315b. 
TRIAL : 

Criminal  prosecution,  failure  to  register, 

precedence  to,   1655. 
Speedy,  in  civil  rights  cases,  1453. 
TROOPS : 

See  also  Troops  of  the  line. 

of  Cavalry.     See  Cavalry. 

Pay.     See  Pay  of  Army. 

Right  of  way  to,  in  District  of  Columbia, 

14G6. 
Transportation   of.      See   Transportation. 
TROOPS  OF  THE  LINE  : 
Artillery-     See  Artillery. 
Cavalry.     Sec  Cavalry. 
Coast  Artillery.     See  Artillery. 
Enlisted   strength   of  organization,  1105. 
Field  Artillery.     See  Artillery. 
Infantry.      See   Infantry. 


MILITARY  LA.WS  OP  THE  UNITED  STATES,  1915. 


745 


TROPHY,   NATIONAL: 

Regulations     for    annual     contests    for, 
553d. 
TRUMPETERS: 

Rate  of  pay,  698. 
TRUSSES:' 

Furnished   soldiers,   ruptured   In   line   of 
duty,  783,  783a,  783b. 
TYPEWRITERS  : 

Exchange,  by  departments,  authorized, 
75a. 

Exchange,  by  Signal  Corps,  883a. 
UNASSIGNED  RECRUITS.     See  Recruits; 

Clothing^  Army. 
UNIFORM,   ARMY: 

See  also  Clothing,  Army. 

Actors  permitted  to  wear,  1010b. 

Boy  Scouts  permitted  to  wear,  1010b. 

Campaign  badges  issued  as  article  of 
(note),    571. 

of  Civil  War  officers  who  resigned,  1007, 
1008. 

Discrimination  against,  penalty,  1010. 

Enlisted  Reserve  Corps,  1590. 

Officers,  according  to  actual  rank,  1005. 

Organizations  and  persons  authorized  to 
wear,    1010b-1010&. 

Prescribed  by  President.  571. 

Reserve  Officers'  Training  Corps — Com- 
mutation to  educational  institutions 
supplying,  15G2a. 

Retired  officers,  according  to  ranlc,  988. 

Sale  of  alcoholic  liquors  to  officers  or  en- 
listed  men   in,   1295c. 

Spanish  War  officers  who  resigned,  etc., 
1009. 

Unlawful  wearing,  1010a. 

Unlawful  wearing,  penalty,  lOlOe. 
UNION  VETERANS  ASSOCIATIONS  : 

Unauthorized  wearing  of  badge,  penalty, 
1025. 
UNITED  CONFEDERATE  VETERANS: 

Loan  of  tents  to,  authorized,  1259b. 
UNITED  SPANISH  WAR  VETERANS: 

Unauthorized  wearing  of  badges,  penalty, 
1025. 
UNITED  STATES: 

Claims.     See  Claim*. 

Courts.      See   Courts. 

Declaration  of  war  between  Germany 
and,  1415a. 

Defined.  See  Espionage;  Trading  with 
enemy. 

Enlisting  for  service  against,  punish- 
ment, 1415k. 

Flag.     See  Flag  of  United  States. 

Foreign  relations.     See  Foreign  relations. 

Jurisdiction.  See  Territorial  jurisdic- 
tion  of   United  States. 

Officials,  reports  and  Information  to  Bu- 
reau of  War-Risk  Insurance,  1483J. 

Possession  of  German  vessel^  within 
jurisdiction  of,  1415b,  1415c.' 

Recruiting  for  service  against,  punish- 
ment, 141 5j. 

Seal.     See  Seal  of  United  States, 

Vessels.     See  Vessels, 


UNITED  STATES  GEOLOGICAL  SURVEY. 

See  Geological  Survey,  United  States. 
UNITED     STATES      SHIPPING     BOARD 
EMERGENCY  FLEET  CORPORATION : 

Deemed    a    Government    establishement, 
36d. 
UNIVERSITIES.      See    Colleges;    Reserve 

Officers'   Training  Corps. 
UNLAWFUL     RESTRAINTS      AND      MO- 
NOPOLIES   ACT: 

Not  repealed  by  provisions  of  food  and 
fuel  conservation  act,  1766. 
UNORGANIZED  MILITIA: 

Draft  into  National  Guard  reserve  bat- 
talions, 1325t. 

Part  of  militia,  1322a. 
USELESS    PAPERS: 

in    Executive    departments,    disposition, 
132,  133. 
VACANCIES  : 

in  a  particular  office  or  department  or 
branch  of  the  service,  see  the  speciflo 
title. 

Caused  by  retire&ient.  See  Retirement, 
Army. 

in  Line  of  Army.     See  Officers,  Army. 

in  Staflf  departments.     See  Staff  depart- 
ments. 
VEHICLES : 

Hire  or  purchase  for  official  purposes, 
535. 

Purchase  for  executive  departments,  re- 
strictions, 82,  82a. 
VESSELS : 

American,  discrimination  by  belligerent, 
1469e. 

Armed,   detention   of,   1469p. 

Armed,  sending  out  with  intent  to  de- 
liver to  belligerents,  1469q. 

Belligerent,  foreign  war,  land  and  naval 
forces   to   maintain  neutrality,   1469g. 

Belligerents,  which  discriminate  against 
Americans,  denial  of  facilities  to, 
1469e. 

Belligerent,  punishment  for  attempted 
illegal  departure,  14G9f, 

Clearance  may  be  refused,  14G9a,  1469c 

Coast  and  Geodetic  Survey,  transfer  to 
Army   in   emergency,   534h. 

Compelling  foreign,  to  depart,  1473, 
1473k. 

Contracts  for,  eight-hour  law  applicable, 
1228-1230. 

Departing  without  clearance,  penalty, 
1409b,  1472a,  1472b. 

Discriminating  against  American  citizens 
during  foreign  war,   clearance,  1469d. 

Detail,  to  enforce  regulations  as  to  navi- 
gable waters  and  coast  defenses,  1315d. 

Detention  of  armed,  1469p. 

Enemies,  board  to  ascertain  value  of, 
1415c- 

Engaged  in  foreign  commerce,  injury, 
punishment,    1469m. 

Forbidding  departure,  when,  14699. 

Foreign  commerce,  interference  with  by 
violent  means,  punishment.  1469n, 


746 


MILITAEY  LAWS  OF   THE  UNITED  STATES^  1915. 


VESSELS — Continued. 

German,  within  jurisdiction  of  "United 
States,  taking  possession  of,  1415b, 
U15c. 

Government,  not  required  for  military 
use,   transfer,   534f. 

Insurrection,  use,   in.      See  Insurrection. 

Neutrality,  enforcement  of.  See  Neu- 
trality. 

Obtaining,  communicating,  etc.,  unlaw- 
ful information  concerning,  penalty, 
1317i-1317i. 

IN  PorwTs  OF  Canal  Zone — 

Regulations   governing  anchorage   and 

movement,  1469h,  14C9i. 
Taking     control     and     possession     of, 
1469h,   14691. 

IN  Ports  of  United  Statks— 

Destruction     or     injury,     punishment, 

1469k. 
Employment  of  land   or  naval   forces 
for  enforcement  of  regulations,  etc., 
14691. 
Failure  to  comply  with  regulations  as 

to  anchorage,  etc.,  penalty,  1469J. 
Regulations   governing  anchorage   and 

movement,  1469h. 
Seizure  and  forfeiture,  when,  1469J. 
Taking     control     and     possession     of, 

146ah. 
Use  of,  as  resort  for  conspiracy  against 
United  States,  punishment,  1469k. 

Punishment  for  taking  out  of  port  unlaw- 
ful exports  in  time  of  war,  1475p. 

Purchase  or  hire  for  oflacial  use,  535. 

Quarantine.      See    Quarantine. 

Refusal  of  clearance  for  Certain  exports 
in  time  of  war,  147  5o,  147  5p. 

Refusal  of  clearance  on  belief  that  state- 
ment required  Is  false,  1439c. 

Register  of  Army  transports  as  United 
States  on  sale  of,  150b. 

Repeal  of  neutrality  resolution  of  March 
4,  1915,  relative  to,  1469w. 

Shipping  Board  to  purchase  or  charter, 
for  Army  transports,  534e. 

Statements  from  masters  that  cargoes 
will  not  be  delivered  to  other  vessels, 
1469r. 

Statements  of  masters  and  owners,  copies 
for  American  consular  officers,   1439b. 

Statements  required  from  masters  and 
owners,  contents,  1439a,  1439b. 

Transfer  of,  to  Army  in  emergencies, 
534a-534d. 

of  United  States  preferred  for  transpor- 
tation, 152. 

Unlawful  taking  out  of  port,  punish- 
ment,   14:69t. 

Use  of  cruisei'S  and  transports,  payment, 

534. 
Violation    by,    of    defensive    ses 

1315a. 
VETERINARIAN : 

See  also  Veterinary  Corpu, 


VETERINARIAN— Continued. 

Appointment  in  Veterinary  Corps,  728g, 

728h. 
of  Artillery  Corps,  pay,  1078. 
of  CaAmlry,  entitled  to  retirement,  1079. 
of  Cavalry,  pay,   1078. 
of    Coast    Artillery,    entitled    to    retire- 
ment, 1079. 
Commutation  of  quarters,   668a,  668b. 
Duties,  animals  to  be  cared  for  by,  544. 
Rank  and  pay,  728g. 
Retirement,   1079. 
Sea  travel,  actual  expenses  only  allowed, 

082. 
VETERINARY  CORPS : 
See    also    Veterinarians. 
Appointments — 

Must    be    citizeais    of    United    States, 
728a,  728c. 

Probationary  period,  72811. 

Qualifications,    728d. 

Veterinarians     now     in     Army,     728g, 
728h. 
Assistant   Vdtkrinarians — 

Appointment,  728c,  728d. 

Examination,   728d. 

Must    be    citizens    of    United    States, 
728c. 

Rank  and  pay,  728e. 
Composition,  728c. 
Discharge    of    unsatisfactory    appointees, 

728m. 
Examining  boards,  composition,  728u. 
Part  of  Medical  Department,  728a. 
Promotion — 

Examination,  728f. 

Service,  728e. 

RKSKRVB  VETliUINARIANS 

Appointment,  pay,  728 j. 
Qualifications,  eligibility,  728k. 

Retirement,  for  physical  disability,  7281. 
VICE  ADMIRAL,  NAVY  : 

Relative  rank  with  ofljccrs  of  Army,  352. 
VICE     PRESIDENT     OF     THE     UNITED 
STATES : 

See  also  President  of  the  United  States. 

Exempt    from    draft   in   National   Army, 
1044. 

Exempt  from   militia  duty,   1323,   1323a. 

Term  of  oflice,  commencement  of,  3. 
VIRUSES : 

Board  on.  Surgeon  General  member,  780. 
VOCATIONAL  TRAINING  : 

Civilian  instructors,  1293a,  1293f. 

Discipline,  jurisdiction  as  to,  1293g. 

Enlisted  men,  1293a,  1293b. 

Enlisted    men.   Aviation    Section,    Signal 
Corps,  129Gh. 

Enlistment  of  injured  persons  while  tak- 
ing, 1293J,  1293k,  12931. 

Hours  for  education  and  training,  1293e. 

Instruction,  additional  to  military  train- 
ing, 1293c. 

Instructors   and    discipline,    jurisdiction, 
1293g. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 


747 


VOCATIONAL  TRAINING — Continued. 

Pay  of  Injured  enlisted  persons  during, 
1293k. 

Persons  permanently  Injured  reQuired  to 
take,  12931-12931. 

Reeducation  of  persons  permanently  in- 
jured, 12931. 

Transfer  of  enlisted  men  to  organiza- 
tions at  regimental  posts  for,  1293d, 
1293g. 

VOLUNTARY  SERVICE  : 

Acceptance   of,    forbidden,   exception,    37, 

1195,   1544b. 
Food   and   fuel    conservation,   acceptance 

of,  1681. 
Meoibeirfi  of  Officers'  Reserve  Corps,  may 

render,  1544b. 

VOLUNTEER  ARMY: 

See  also  Militia ;  National  Guard. 
Appointment   of   National   Army    officers 

from  persons  who  served  in,  1G30. 
Appointments  in,  1384. 

AUTILLERr — 

Medical  personnel  of  regimeuta,  1385. 
Bkigades — 

Composition,  357. 

Organization     of,      authorized,      1385, 
356a. 
Cavalry — 

Medical  personnel  of  regiments,   1385. 
Chaplains,  1387. 
Colors,  regiments  mustered  out  to  retain, 

149a. 
Constitutes  branch  of  Army,  328. 
Continues    service    pay    of    enlisted    men 
of  Army  who  had  commissioned  serv- 
ice in,  1043d. 
Corps,  Army,  357. 
Desertion.     See  Desertion. 
Discharge    to    date   from   muster   out   of 

organization,   1383f. 
Divisions — 

Compositions,  357. 

Organization     of,     authorized,      1385, 
356a. 
Engineers — 

Battalions,  medical  personnel,  1385. 
Enlisted  Men — - 

Apportioned  among  States,  etc.,  1384. 
Authorization  for  enlistment,  1384. 
Bronze  medals,  suppressing  Philippine 

In.surrection,  1013b,  1013c. 
Certificates    of    merit    may    be    Issued, 

1385. 
DLscharfce  to  date  from  muster  out  of 

organization,  1383f. 
Extra    pay   on   muster   out   in   lieu    of 

furlough,  etc.,  1383e,  1383J. 
Furlough — 

Extra  pay  on  muster  out  in  lieu  of, 
1383e. 
Leaves  of  absence — 

Extra  pay  on  muster  out  in  lieu  of, 
1383e,  1383J. 


VOLUNTEER  ARMY— Coatinued. 

Enlisted  Men — Continued. 
Muster — 

Out,  extra  pay  in  lieu  of  furlough, 

etc.,  13S3e,  1383j. 
Out,  mustering  officers  may  adminis- 
ter oaths,  1.3931. 
Out    of   organizations,   discliarge    to 

date  from,  1383f, 
Pay.     See  this  title.  Pay. 
Enllsted  Reserve  Coups — 

Service    with,    in    time   of    war,    1598, 
1599. 
Enlistment.    See  this  title,  Recruititig. 
Enrollment — 

of  Militia  arganizations,  1384. 

Period  of,  same  as  for  Regular  Army, 

1383. 
Proclamation     to     state     number     for 

each  arm,  etc.,  1384. 
Restricted  to  time  of  war,  et^.,  1383. 
Exempted  persons,  1324. 
Govern  miint — 

Subject  to  Army  Regulations,  1385. 
Homes.     See  National  Home  for  Disabled 

Volunteer  Soldiers. 
IIospiTAii  Stewards — 

Appointment  in  Regular  Army,  761. 
Infantry — 

Regiments,  medical  personnel,   1385. 
Machine  Gun  DRTACHiiEXTS — 

Organization      as      President      directs, 
1385. 
Maximum  strength,  1391. 
Medals  of  honor.     See  Medals  of  honor. 
Medical  Department — 

Inspectors    detailed    with    each    army, 

etc.,  1393. 
Officers  of,  command  to  which  entitled, 

1393. 
Oi-ganlzation,     as     President     directs, 
1385. 
Military  Prisons — 

See  also  Military  prison. 
Organization,     as     President     directs, 
1385. 

MUSTBH 

See  also  Muster  rolls. 

Decision    of    War    Department    as    to 

date    conclusive,    455a. 
Out  on  termination  of  war,  etc.,  1383. 
Rolls    to    Adjutant    General    for    file, 
1390. 
National   Army — 
Infantry  divisions — 

Age  limit  for  enlistment  in,  1383c. 
Division     smallest    unit    to    bo    ac- 
cepted, 1383d. 
Officers  for,  selection,  1383a,  1630. 
Organization    same    as    for    Regular 

Army,   1383b. 
Voluntary     enlistments,     limitation, 
1383a. 
Nurses   authorized,    1381. 


748 


MILITARY  LAWS  OF   THE  UNITED  STATES,  1915. 


VOLUNTEER  ARMY— Continued. 
Officers — 

Additional  for  drilling  recruits  author- 
ized, 1391. 

Affidavit  as  to  accountability  for  pub- 
lic property,   1383h,  13831. 

Appointed  by  President,  1386. 

Appointment  after  OflScers'  Reserve 
Corps,  1550. 

Appointment  of  regular  officers,  361. 

Appointment  of  regular  officers  not 
affected  by  Officers'  Reserve  Corps, 
1551. 

Appointment,  preference  to  certain 
classes,   1388. 

Appointments  above  colonel  prohibited, 
1386. 

Appointments  from  Regular  Army, 
1388. 

Assignment  and  transfer,  1393. 

Authorization   for    appointment,    1384. 

Brevet  rank  may  be  conferred,  1385. 

Bronze  medals,  suppressing  Philippine 
Insurrection,  1013b,  1013c. 

Certificates  of  nonindebtedness  on 
discharge,  1383g-13831. 

Commissioned  in  arm  of  service,  1386. 

Defect  in  title  In  office,  etc.,  pay,  457. 

Discharge  to  date  from  muster  out  of 
organizations,  1383f. 

Eligible  for  service  on  courts-martial, 
1385. 

Enlisted  men  discharged  from  Army 
to  accept  commission  as,  reenlist- 
ment,    1043b-1043d. 

Extra  pay  on  muster  out  In  lieu  of 
furlough,  etc.,  1383e,  1383J. 

Former,  appointment  In  Officers'  Re- 
serve Corps,   1533a. 

Medical,  command  by,  1393. 

of  Militia,  appointed  in  Volunteers, 
1384. 

Number  restricted,  1386. 

Pay.     See  this  title  Pay. 

Promotions,   1385. 

Retirement  of  enlisted  men  of  Army, 
credit  for  commissioned  service  In, 
1043d. 

Staff.     See  this  title  Staff  officers. 
Oaths — 

Mustering      officer     may      administer, 
13831. 
Organization,  1385. 
Part  of  Army  of  United  States,  329a. 
Pay — 

See  also  Pay  of  Army. 

Arrears,  time  limit  for  claims,  218, 
218a. 

Attorneys'  fees  for  claims,  218b. 

During  captivity,  720. 

of  Enlisted  men  fixed,  1394,  1394a. 

Extra  on  muster  out  in  lieu  of  fur- 
lough, etc.,  1383e,  1383J. 

to  Heirs  of  officer  whose  muster  is 
amended,  450. 


VOLUNTEER  ARMY— Continued. 
Pay — Continued. 

of  Officers  not  duly  mustered,  455. 

of  Officers  same  as  for  Regular  Army, 

1394,  1394a. 
Similar  to  that  of  Regular  Army,  638. 
Paymasters.     See  Paymasters. 
Pensions.     See  Pensions. 
Promotions,   1385. 
Recruiting — 

Additional     officers     for,     authorized, 

1391. 
Employment     of    retired     noncommis- 
sioned officers,  etc.,  on,  1392. 
Employment  of  retired  officers  in,  1392. 
Secretary  of  War  to  have  direct  con- 
trol,  1391. 
Recruits — 

Additional  officers  for  drilling  author- 
ized, 1391. 
Regiments  mustered  out  to  retain  colors, 

149a. 
Regulations — 

Subject  to  Army  Regulations,  1385. 
Religious  Organizations — 

Member  of  certain,  exempt  from  duty, 
1323a,  1324. 
Remount  Dbfots — 

Organization,     as     President     directs, 
1385. 
Repeal  of  former  volunteer  acta,  1305. 
Retirement.     See  Retirement. 
Returns — 

to  Adjutant  General,  1390. 

of  Disbanded  organizations,  filing,  439. 

Rendered    to    The    Adjutant    General, 

439. 
of  Sick  and  wounded,  disposition,  439. 
Secuet-Servicb  Agencies — 

Organization,     us     President     directs, 
1385. 
Service — 

Claims   for,   Spanish  War,   218. 
Termination  of,  1383. 
Signal  Corps — 

Medical  personnel,  1385. 
Organization     as    in     Regular     Army, 
1385. 
Staff  Officers — 

Additional   authorized,   1387. 
Appointed  by  President,  1387. 
for  Commands,  authorized,  360. 
Number  and  rank  authorized,  1387. 
Number,  restriction  on,  1387. 
Uniform  and  title  of  those  musteied  out, 
1009. 
VOTERS : 

See  also  Elections. 

Officers   attempting  to   fix   qnallflcatlons, 
1459. 
VOUCHERS.        See      Accounts,      Military 

Eatallishment. 
WAGONERS : 
Pay,  C95a. 
Rate  of  pay,  097. 


MILITARY  LAWS  OF   THE   UNITED  STATES,  1915. 


749 


WAGONS : 

Purchase    of,    by    contract    after    adver- 
tisement, 1235. 
WAR: 

See  also  War  with  Oermany. 

Army,  increase  to  entire  strength  In  case 
of,   331c. 

Articles  of.     See  Articles  o/  War. 

Brigades,  composition  of  typical  in  time 
of,  356a. 

Civil  War.     See  Civil  War. 

Claims.     See  Claims. 

Commandeering  in  time  of.  See  Com- 
mandeering  for   military   purposes. 

Corps,  composition  of  typical  in  time  of, 
356a. 

Council  of  National  Defense,  powers  and 
duties  not  extended  by,  1619a. 

Declaration  of,  between  United  States 
and  Germany,  1415a. 

Discharge  of  certain  enlisted  men  on 
termination  of  present,  1031hJ. 

Discharge  of  enlisted  men  during  on  ac- 
count of  dependents,  1044b. 

Divisions,  composition  of  typical  In  time 
of,   356a. 

Enlisted  Reserve  Corps  in.  See  Enlisted 
Reserve   Corps. 

Enlistments  in  force  at  outbreak  con- 
tinued,  1031h,  1031hJ. 

Excess  mortality  and  disability,  cost  of 
insurance  due  to  hazards  of,  1483qqq(i. 

Exports,  certain,  in  time  of,  unlawful, 
1475m-1475p. 

Field  Artillery,  war  units,  1090b. 

Food  and  fuel  conservation.  See  Food 
and  fuel  conservation. 

Foreign,  commercial  discrimination  by 
belligerents,  1469c-1469f. 

Horses — 

Lost    in   battle,    etc.,    payment   to    offi- 
cers for,   217b-217g. 

Lighthouse  Service,  cooperation  during, 
534d. 

Making  false  reports  to  interfere  with 
military  forces  at,  1317 4d. 

Medical  Department,  additional  enlisted 
force,   766c. 

Military  supplies,  emergent  purchases, 
1600. 

Munitions  plants,  control  in  time  of, 
1601. 

National  defense  Information  in  time  of, 
punishment,   13174c. 

National  Guard  In.  See  National  Guard; 
National  Ouard  Reserve. 

Obstructing  movement  of  trains,  etc..  In 
time  of,  military  force  to  prevent, 
525c. 

Officers'  Reserve  Corps  In.  See  Ofllcers* 
Reserve   Corps. 

Payment  for  property  lost  while  in  mili- 
tary service,  217c. 

Pensions.     See  Pensions. 

Prisoners.     See  Prisoners. 


WAR — Continued. 

Railways,  control  of  transportation  sys- 
tems in   time  of,  525b. 
Records   of   a    particular.      See   the   spe- 
cific title. 
Reenlistment  In  time  of,  bounty,   1031o. 
Regulations  covering  duties  of  Coast  and 

Geodetic  Survey  in  time  of,  534p. 
Regular  Army  Reserve  in.     See  Regular 

Army  Reserve. 
Requisitioning.      See    Requisitioning    for 

military  purposes. 
Retired   oflacers   on   actWe   duty   In,   pay, 

961a. 
Transportation,     preference     to     troops, 

525. 
Transportation     of     troops,     preference, 

525,  525a. 
Transportation   systems  control,  525b. 
Vessels,  transfer  to  Army  In  emergencies, 

534a-534d. 
WAR  COLLEGE.     See  Army  War  College, 
WAR   DEPARTMENT: 

See  also  Army;  Executive  departments. 
Accounts — 

See  also  Accounting  of  public  money. 

Settled    abroad,    administrative    exam- 
ination of,  205h. 

Settlement  of,  between  bureaus,  417a, 
775g,  808,  901b,  1179a. 
Allotment   of  pay   by   civilian   employees 

on  duty  abroad,  711a,  712a. 
American  National  Red  Cross — 

Auditing  annual  report  of,  104a,  104b. 
Assistant  and   chief  clerk,  144. 
Assistant    Secretary.      See    Secretary    of 

War. 
Auditor.      See   Auditor  for   War  Depart- 
ment. 
Building.      See    State,    War,    and    Navy 

Builditw. 
Bureaus — 

See  also  specific  title. 

Rank,  pay,  and  allowances  of  chiefs  of, 
373a. 

Settlement    of   accounts    with    Medical 
Department,  755g. 

Settlement    of    account    with    Military 
Academy,    1179a. 

Supplies,    etc.,    procured    for    another 
bureau,  payment,  417a. 
Chief    Clerk — 

Appointed  by   Secretary,   144. 

Custody  of  papers  in  absence  of   Sec- 
retary, 144. 

Requisitions,  etc.,  when,  may  sign,  145. 
Clerks — 

See  also,   this  title,  Employees. 

in    Chief   of    Stars   office.      See    Chief 
of  Staff. 

Details  of,  restricted,  362d,  363. 

at    Military    headquarters.      See    Mili- 
tary headquarters. 

to  Retired  officers  forbidden,  989. 

at  Service  schools,  pay,  362,  362a. 


750 


MILITARY  LAWS  OF   THE  UNITED  STATES^  1915. 


WAR   DEPARTMENT— Continued. 

Cooperation  of,  in  standaradizing  gauges, 
etc.,    1611a. 

DecLsaon  as  to  date  of  muster  of  volun- 
teers conclusive,  455a. 

Disbursing  officers.  See  Disbursing  ofjfir 
cers;  Disbursing  afflcers.  Army. 

EaCPLOTEES — 

Additional    pay    prahiblted,    exception, 
161. 

Additional,  prohibited,  penalty,  161. 

Clerks.     See,  this  title.  Clerks, 

Interment,  1003. 

Temporary,  28a-28c,  44d. 

Temporary,  limit  as  to  maximum  com- 
pensation, 28c. 

Temporary,   report  to   Congress   as  to 
number,  etc.,  28b,  44d. 
Insiilar  officers.     See  Insular  Affairs,,  Bu- 
reau of. 
Propertt — 

Custody  In  Secretary  of  War,  148. 
Record   and  Pension   Office.     See  Record 

and  Pen&ion  Office. 
Secretary.     Sae  Secretary  of  War. 
Settlement     of     accounts     with     Signal 

Corps,  901b. 
Temporary  buildings  for,  in  Smithsonian 

grounds,  1279e. 
Temporary   office  building  for  Navy   De- 
partment, and,  ir)4d. 
WAR  OF  1812: 

Records   of,   transferred   to   Secretary   of 

War,  440. 
WAR   WITH   SPAIN.     See  Spanish-Ameri- 
can War. 
WARRANT   OFFICERS: 

Certain,  included  as  commissioned  officers 

as    to    corapeuastion,    insurance,    etc., 

1483r. 
WARRANTS : 

in  Civil  rights  cases,  1449,  1450. 
Covering  seizure  of  arms,  etc.  Intended 

for  export,  14;75d. 
Distress.     Sec  Distress  warrants. 
for  Public  money,  requirements,  287. 
Search.     See  Search  warrants. 
WAR  RISK  INSURANCE  : 

See  Bureau  of  War  RisR  Insurance ;  Mili- 
tary and  nawU  insurance. 
Proclamation  of  President  relative  to,  as 

affecting  German  insurance  companies, 

1425k. 
WAR  WITH  GEIRMANT  : 

See  also  Trading  with  enemy;  War. 
Accounts  Audited  Abroad — 

Reopening,  etc.,  settlement  within  one 
year  after  close,  205e. 
Affidavit  of  persons  in  armed  forces  as  to 

homestead   entry,    before   whom   made, 

1272L 
Beginning  of  the  war  defined,  1420f. 
Censorship   of    communications   by   mail, 

etc.,  during,.  1425e,  1425f. 
Coal  and  coke,  purchase  by  Governments 

during,  1762. 


WAR  WITH  GERMANY— Continued. 

Date  of  termination  as  to  employees 
abroad,  205w. 

Declaration  of,  1415a. 

Discharge  of  certain  enlisted  men  on 
termination  of,  lOSlbJ. 

Discharge  of  enlisted  men  during,  on 
account  of  dependents,  1044b. 

End  of  the  war  defined,  1420g. 

Enemy  vessels,  board  to  ascertain  value 
of,   1415c. 

Enlistments  in  force  at  beginning  of, 
extension  until  termination  of,  1031h.^. 

Enlistment  in  United  States  of  subjects 
by  foreign  countries,  1468a,  1468b. 

Evading  censorship  of  communications, 
punishment,  1425f. 

Examination  of  title  to  lands  for  mili- 
tary purposes  waived  during,  802d, 
12740,  1274p. 

Exemption  of  persons  in  military  service 
from  assessment  work,  etc.,  on  mining 
claims,  1272J-1272o. 

Increased  gay  of  enlisted  men  during, 
695b,  095c. 

Obstructing  transportation  during,  pen- 
alty, 525c 

Officers  with  general  powers  of  notary 
public  in  foreign  places,   114th  A.   W. 

Possession  of  German  vessels  within  ju- 
risdiction of  United  States,  1415b, 
1415c. 

Publishing  in  foreign  languages  Items, 
etc.,    relating   to,    2o3f-253k. 

Railways,  control  of  transportation  sys- 
tems during,  525b. 

Requisitioning  transportation  systems 
during,  525b. 

Restrictions  as  to  details  suspended  dur- 
ing, 938ia. 

Sale  of  airplane  war  materials  to  foreI.i?n 
governments,  during,  1255a,  1255b. 

Suspension  of  requirements  as  to  desert 
lands  by  persons  in  military  service, 
1272e-1272h. 

Termination  of  auditing  accounts  abroad, 
after  close,  205u. 

Trading  with  Enemy — 

Act  not  to  validate  trading  since  begin- 
ning of  war,  and  prior  to  its  pas- 
sage,  1420J. 
Claims  of  enemy,  etc.,  at  end  of,  set- 
tlement, 1424gg. 
Payments     by     enemy     to     person     in 
United  States  not  enemy  prior  to  be- 
ginning of,   1420m. 
Payment  of  obligations  assigned  to  per- 
sons  not  an   enemy   prior   to   begin- 
ning of,  14201. 

Transportation.  See  this  title  Requisi- 
tioning transportation  systems. 

Use  of  armed   force   to   prevent  obstruc- 
tion to  transportation  during,  525c. 
WASHINGTON-ALASKA     MILITARY    CA- 
BLE.    See  also  Telegraph  lines^ 

Receipts  from,  disposition,  899. 


MILITARY  LAWS  OF  THE  UNITED  STATES,  1915. 


751 


TVASHINGTON  BARRACKS  : 

Use  of,  by  militia,  autliorized,  1379. 
WASHINGTON  HIGH  SCHOOLS  : 

Issue  of  ordnance  property  to,  953a. 
WATCHMEN : 

in    Executire    departments.     See    Execu- 
tive departments. 
in  Office  of  the  Chief  of  StaflF,  362,  362a. 
WEST      POINT      MILITARY      RESERVA- 
TION: 
See  also  Militarv  Academy. 
Command  of,  vested  in  Superintendent  of 

Military  Academy,  1111. 

Erection  of  churches,  when  allowed,  1181. 

WHEAT.     See  Food  and  fuel  conservation. 

WHITE    HOUSE.      See    also   President    of 

the    United   States. 

Annual  inventory  of  propei'ty  custodian, 

etc.,   109b. 
Bond  of  property  custodian,  109a. 
Designation  of  property  custodian,  109a, 
109b. 
WIDOWED   MOTHER: 

See   also   Military   and   naval   compensa- 
tion. 
Death — 

Amount   payable   to,   1483mm. 
Compensation    for    death    of    but    one 

child,    1483nn. 
Duration  of  compensation,   1483qq. 
Right  to   compensation   not   dependent 
on  date  of  widowhood  or  of  death, 
148300. 
Disability — 

Amount  to  dependent,  1483w. 
WIDOWS  : 

Compensation.       See    also    Military    and 
naval  compensation. 

COMPHNSATION 

Apportionment    between    children    not 

in   custody  and,  1483tt. 
Duration  of,   1483qq. 
Pensions.     See  Pensions. 
Restriction  as  to  time  of  marriage  sub- 
sequent to  injury,  1483tt. 
WIFE: 

Amount  of   compensation   for   disability, 
1483W. 
WIFE   AND  CHILDREN: 

Family   allowances.      See   Family   alloto- 
anccs. 
WIFE.    DIVORCED: 

Family   allowances.      See   Family   alloio- 
ances. 


WINES.     See  Intoxicating  liquor: 
WINGS  J 

Signal  Corps,  organization,  8901,  890J. 
WIRELESS   MESSAGE: 

Alien  enemy.     See  Trading  V3ith  enemy, 
License. 
WITNESSES : 

See  also  Articles  of  War, 

Acceptance  of  bribe  by,  penalty,  1253. 

Accused     persons     may     testify     before 
courts-martial,  etc.,   1253a. 

In   Claims  cases.     See  Claims. 

before   Courts-martial.      See    Courts-mar- 
tial. 

Examination,  attorneys  for,   137,  264. 

Military   and    naval   insurance,   fees   aud 
mileage,    14831. 

Military  and  naval  Insurance,  subpoenas, 
14831. 

Oaths,  who  may  administer,  64. 

Subpoenas,     disobedience     of,    etc.,     con- 
tempt,   1483k. 
WOMAN'S  RELIEF  CORPS: 

Unauthorized    wearing    of    badge,    pen- 
alty, 1025. 
WOMEN : 

Appointment  of,  as  clerks,  authorized,  26. 

Salary  of,  as  copyist,  44. 
WORKMEN : 

See  also  Laborers. 

in    Armories,    etc.       See    Armories    and 
arsenals. 

Eight    hours    to    constitute    day's    work, 
1218,    1219. 
WOUNDS : 

See   also  Military  and  naval   compensa- 
tion. 

Absence  of  officers  on  account  of,  661. 

Permanent,  vocational  training,  etc.,  for 
soldiers   receiving,   12931-12931. 
WRITS  : 

of   Habeas  corpus.      See   Habeas  corpus. 
Hon. 
YELLOWSTONE   NATIONAL   PARK: 

Detail  of  troops   for  protection,   1300. 
YOSEMITE    NATIONAL   PARK: 

Detail  of  troops  for  protection,  1301. 

Rights  of  way  through,  1282. 
YOUNG    MEN'S    CHRISTIAN    ASSOCIA- 
TION: 

Erection  of  buildings  on  military  reser- 
vations,  1279a. 

Supplies,    etc.,    carried    on    Army    trans- 
ports, 529. 


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